HomeMy WebLinkAboutOrd 1998-2768ORDINANCE NO. 2768
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 97-3 (MCMILLIN OTAY
RANCH SPA ONE) AUTHORIZING THE LEVY OF A SPECIAL TAX
IN SUCH COMMUNITY FACILITIES DISTRICT
WHEREAS, the City Council has initiated proceedings, held a public hearing, conducted
an election and received a favorable vote from the qualified electors authorizing the levy of
a special tax in a community facilities district, all as authorized pursuant to the terms and
provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1.
Division 2, Title 5 of the Government Code of the State of California (the "Act"). This
Community Facilities District is designated as COMMUNITY FACILITIES DISTRICT NO. 97-3
(MCMILLIN OTAY RANCH SPA ONE) (the "District").
BE IT ORDAINED AS FOLLOWS:
SECTION 1. This City Council does, by the passage of this Ordinance, authorize the
levy of special taxes pursuant to the rate and method of apportionment of the special taxes
as set forth in Exhibit "A," (the "Rate and Method"), referenced and so incorporated.
SECTION 2. This City Council, acting as the legislative body of the District, is hereby
further authorized, by Resolution, to annually determine the special tax to be levied for the
then current tax year or future tax years, except that the special tax to be levied shall not
exceed the maximum special tax calculated pursuant to the Rate and Method, but the special
tax may be levied at a lower rate.
SECTION 3. The special tax shall be collected in the same manner as ordinary ad
valorera taxes are collected and shall be subject to the same penalties and the same
procedure, sale and lien priority in case of delinquency as is provided for ad valorera taxes.
SECTION 4. The special tax shall be secured by the lien imposed pursuant to Sections
3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien
shall be a continuing lien and shall secure each levy of the special tax. The lien of the special
tax shall continue in force and effect until the special tax obligation is prepaid, permanently
satisfied and canceled in accordance with Section 53344 of the Government Code of the
State of California or until the special tax ceases to be levied by the City Council in the
manner provided in Section 53330.5 of said Government Code.
SECTION 5. This Ordinance shall be effective thirty days after its adoption. Within
fifteen days after its adoption, the City Clerk shall cause this Ordinance to be published in a
newspaper of general circulation in the City pursuant to the prows~ons of Government Code
Section 36933.
Ordinance 2768
Page 2
Presented by
ubho Works Director
Approved as to forrn by
Ordinance 2768
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 5th day of January, 1999, by the following vote:
AYES: Councilmembers: Davis, Paclilla and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: Salas
ABSTAIN: Councilmembers: Moot
ATTEST:
Shirldy HoJ~r on, Mayor
Susan Bigelow, City Clerk
STATE OF CALIFDRNIA )
COUNTY C)F SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 2768 had its first reading at a regular meeting held on the 15'h day of
December, 1998 and its second reading and adoption at a regular meeting of said City Council
held on the 5'h day of January, 1999.
Executed this 5th day of January, 1999.
Susan Bigelow, City Clerk
Exhibi~ "A"
KiTE A.N'D METHOD OF APPORTIOX'MENrf FOR
CI13r OF CFFu'LA VISTA
CO:¢gru.XITY FACILITIES DISTRICT NO. 97-03
(OTAY RA_NCH MC M'[LLDq SPA ONE)
A S?=:i,_l Tax ~ he: -_ina~:r d:f, ned shall b: levi:d on ~1 Ass:ssor's ?&-se!s of Ymbl~ Prop:~
in Ci}- of Chula X:~= Comu~ Fa:iliti:s Dis~i= No. 97-03 ('C~ No. 97-03 ') ~nd coli=~d
:azh Fie:a] Yz~- :~m~nz~g in Fiscal Y:~ 19~9-203D, in ~ ~mDunt d:~:~:d by ~: Cio,
Cou~:B ~ough ~e appii~fion of ~: appropriam SD~:i~ Ta for "Dev:ioped ~op:~,,"
"T~Ne Propsi' O~m=r Assosiation ~ope~',' ~d "Undevtlop:d Propsi" ~ dessrib:~
b:io~'. All of ~: r~ pro~' in CFD No. 97-03, ~:;s txt~ by law or by fin: provisb~
A. DEFL'NIUONS
ins :e..-z-.s
"Acre or Aa-aage" m~2z G: ]and ar~ oi az Ass:ssar's Pa;za] as shasta on ~ Ass:ssar'~
P~-cs] Map. or if ~e ion5 ~-sa is not sho'~m on an Assessor's P~c:] Map, ~e
shown on i: appiiaaN: Final map, pL-ae! ~ap, :ondo~mm plm, r=aord of sun':y, or
o~r r=or~:~ dosmmcnt crsatMg or d:ssrib~g th~ pm-c:l. If ~c pras~dMg ~Ds ~-= not
available, fin: Acreage shlI be d:temgd by ~ne Ci5' Eng~e=r.
"Act" mzzr. s the .Me!!o-Ross Corr~muniD' Fzaiii:ies Act of 1982, as amend&d, being
Chapter 2.5. Division 2 of Title 5 of fine Govzrmment Code of fine Smu of California.
"Aduminktrative Expenses" means ~he fo!iov,'ing actual or reasonably estimated :osLs
fib'early r:iai~ to the achninistration of CFD No. 97-03: the :ass of computing fie S~,~i~j
Taxes a.n~ preparing fit amnual Sp=~.izi Tax ~Ileation schedules (whether by the City or
d~-sign~ ther~f or both); the costs of solidling fine Sp=cial Tzxes (v,,hether by the County,
tins Ci;D'. or otherv'is:): ~e costs of remiuing ,.ins Special Taxes to the Trustee; the soots
of tin: Trustee (inzluding i,s legal counsel) in fin: dischin-g: of the duties required of
under the indenture: th: costs to the Ci,!', CFD No. 97-03 or my design:: thereof of
zornplying '~'kb a~-bi.',"age febre: requirere:ms: ::,e sos'.s to t~b= City, CFD No. 97-03 or
~esignee threof of comp!ying ',vi:Zn Ci:!', Cr'D No. 97-03 or obligated persons disclosure
3D~ z ls .... r~. sesuriz}es laws and of the Act:
· a.. lad
costs assoaia~ed with preparing Sp:cial Tax disziosure statements and responding to puNi:
inquiries regarding the Speaial Taxes; tin: costs of th"~ Ci;'y, CFD No. 97-03 or any
!:signet threof r:later~ D an appeal of the Spezial Tax; and the costs azsociated with
r_H=ase of 5ands f:om an escrow aaco~nt. if an)'. Administrative Expenses shall also
inzlu~~- ~ma:.n:s enim,,m:rl or advanzed by 'he CiZ,' or CFD No. 97-03 for any other
a:iminis':a::"~ purposes of CFD :(3. g7-05. inzluding anorney's fees and other c..sts
rc]amd m a~.-nmencing and pursuing xo commlefion any forcs]osure of da]inqusm Spefia]
Taxes.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map wi~b an
assigned Assessor's Parcel number.
"A. ssessor's Parcel Map" means an officM1 map of the County Assessor of the Count),
cjesjgnafin=~ .Dare=is by A. ss"ssor's Parcel n~'nber.
"Available Funds" means the halrose in the reserve fund established ptu-sttant to the
of the Isisore in excess of the re-serve requirement as defm=d in such indenture,
delinquen.: pezial tax payments, foreclosure proc-ceds, the portion of process of B~ck-up
Sp~ial Tax peyments anti Special Tax prepa)~ents coll~ to pay interes~ on Bon~, and
Dther sore-ace of fun~ available as a ~=dir to she Sp=cifi Tax Requh-emem as specified in
such in~jen:zc.
"Backup Sp_~ial Tax" roeape the spesifi '2De ~naz is resuired ~o be paid as a sondkion
in acsor~2 '~'j~ Scszbn E below.
"Bonds" means an), bonds or other debt (as defmcd in ~3e Act), whether in one or more
series, iss,.:ed by CFD No. 97-03 under the Act.
"CFD Adminktrator" means an official of ~ne City, or designce thereof, responsible for
5etC,~"l'Dining the Special Tax Requirement and providing for the levy and collection of the
Special Taxes.
"CFD No. 97-03" means City of Chula Vista Cormmuniry Facilities District No. 97-03
(Otay Ranzh McMiliin SPA One).
"City" means the CiD' of Chula Vista.
"Council" means the City Council of the City, acting as the legislative body of
CFD No. 97-03.
"Con'tmercial ProperU."' means all A. ssessor's Parcels of Developed Property for which
a building pcmit(s) was issued for a non-residential use, excluding Cormmunjty h,'p. ose
FaciliD, Prop_','-r)'. ,.
"Corm:nuniD· Purpose Facility Properly" me~,ns all Assessor's Parcels of Developed
?rope,,'-ry whizh are classified as comrnuniLy purpose facilities and meet the requiremcn'.s
of Cffy of Chula Visna Ordinance No. 2452.
"County" means the Coun,~.' of San Dieso.
"Developed Property" means. for each Fiscal Year, all Taxable Properly. exclusiv_~ of
Taxable hop."ny Owner Association ?rop.-ny for which a building permit for new
construction was issued prior to April 1 of the prior Fiscal Year.
"Development Projection" means an annual calculation for each Planning Area of
CFD No. 97-03 of (i) the number and Total Residential Boor Area of existing dwelling
units of Residential Froperry, the number of txg.:i.ng Acres of Cornrnercial Properr3.,` and
'.l'n: humor of e. xisting Acres of Co~nnuniry Pro'pose Far. iliry Property and (ii) a projet:ion
of all furor.' development, including the acreage, projecw-d number of residential all,yelling
units, project~ Residential Moor Area, proj=w.d Commercial Property Acres, projected
Communi:9, Pro'loose Facility Property Acres, and an absorption schedule for all
development in CFD No. 97-03. Tn: D"velopm:nt Projection shall be dated as of April
I and prepared inch Fiscal Yeg by the Muir Developer. Upon submit-t2d, the Cr"D
A~min~'-~ator shall review, mc}dif-y if nezzssmD', anti approve fine Deveiopment t:V, oje:ion.
if the DevebDm~'m Projec'-don is not r~_z-iv~ by the CFD Admini~n-amr on or befor--
!. the CFD Adminisrator ska!l then pr~°: or cause to be prepared a Development
~oj_-ction.
"Final Residential Subdivision" means a subiivision of prope,,'-ry created by rezorda:ion
of a final map, parcel map, or lot line adjusm~ent, approved by fine Ci~ pursua~nt ~o ~ne
Subdivision Map Act (Caiifomia Gove,TLment Code Section 6~10 ez L~q.) or rezordaioh
of a condo,,'ninitum plan pm-suant m Cali~'omia Civi/Code !352 that crea~es individual lots
for which resid"ntial building pe,,'wdts may be issued wifinout further subdivision of such
propert3'.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or
other instrument pursuant to which Bonds ~,': issued, as modified. mended and/or
supplemented from time m time. and any i.ns,..,-mment r~lazing or supplementing fine
"Land Use Class" means any of the classes listed in TAN_- 1.
"Master Developer" means the owner or owners of 'L.he predominant mount of
Undevelop.q Property in CFD No. 97-03.
"Nlaxiraum .Annual Sp~ial Tax" means the m~ximum annual Spesial Tax, determined
in accordance with the provisions of Section C below. that may be levied in any Fis;al
Year on any Assessor's Parcel of Taxable FroperU'.
"Occupied Residential Property" mear. s a/l Assessor's Parcels of Residential Property
which have closed escrow to an end user.
"Outstanding Bonds" means all Bon-2s which remain outstanding.
"Planning Areas" m.'ans those areas shown on Exhibit A. Minor adjustments in the
boundarLs of the Planning Areas may be mad= by the-CFD Administrator to conform
the tentative and final maps approved for these areas.
"Property Owner L~sociation Property" m.~ns any property within the boundaries of
CFD No. 97-03 owned by or dedicated to a property owner association, including any
master or sub-assosiation.
"Proportionately" means for Developed Prop-'nD' that the ratio of the actual Spe~'ial Tax
i.'~3, to the Maximum Annual Spezial Tax is eqtal for all Assessor' s Parcels of Developed
?topere3.' wi~n CFD .No. 97-03. For Undeveloped Property, "Propo~ionately" means
:_hat the ratio of the amen.1 Slty~ial Tax levy ~r Acre to the Maximum Annual Special Tax
per Acre is e~al for vll Assessor's Parcels of Undevelope. d Property in CFD No. 97-03.
"Public Property" m.~2.s any property within the bounctaries of CFD No. 97-03 Gnat is
used for ribs-of-way or any other pLu'pOSe and iS or, reed by or dedicated to the federal
__=ovenLment, ~ne State of Cajifor'~a, the Count', tin" Ci~' or any other public agenay.
"Rbid~tial Property" means ~1 Ass_"ssor's Parcels of Developed Property for which a
building p_'."mit has been issued for purposes of const'mating one or more residen~al
ciwelling uni:s.
"Residential Floor A,rea" me~z all of the square footage of living area within the
perimeter of a residential smuzrm-.% not in~.ludiag ~y carport, wMkway, garage, overhang,
patio, enzlosed patio, or similar a;ea. The dme,,'Tainafion of Residential Boor Area shall
be made by reference ~o appropriate records kept by the City's Building DeparLment. '
Residential Boor .~'~ wLll be based on the buSdinS pentfit(s) issued for each dwelling un.it
prior to it being classified as Occupi=d Residential Property, and shall not change ~ a
result of additions or modifications made after such classification as Ozcupied Residential
Property.
"Sp~ial Tax" means the (i) annual special tax to be levied in each Fiscal Year on each
Assessor's Parcel of Taxable Property to funcl the Special Tax Requirement and (ii) the
back'up special mx that may be required as a result of changes in development.
"Special Tax Requh-ement" means ~at a~mount reauired in any Fiscal Year for
CFD No. 97-03 to: (i) pay annual debt ser~,ke on all Outstanding Bonds; (ii) pay periodic
z~sts on ,an.- Bonds, including but not ILrnited ~o. credit enhancement and rebate paymqZts
on the Bon~s: (iii) pay reasonable Actmh'-Lish-ative Expenses: (iv) pay any amounts required
:~ establish or replenish an), reserve funds for at] Outsp_.~nding Bonds in accordance with
· Zne Indenture: (v) and pay dire=tly for acouisition and/or construction of which
authoriz=~ to be financed by CFD No. 97-03: (vi) less a credit for Available Funds.
"State" means the State of California.
"Table Proper~)-" m?..ns all of d~: Assessor's Pa-ce!s w'ithL-~ the boundaries of CFD No.
~_3_3 whizh are ha.', e>:em.nt from ~h~ S~ecial Tax ~,,,:Luan~ to icy,, or Section F belo'c,'.
"Taxabl~ Property Owner Association Property" means all Ass-"ssor's Par:~is of
?rop"ny Owner Association Prop:ny that arc not :x~t pursuant to S~ztion F b~]ow.
"Trustet" means fie trustee, fiscal agent, or paying agent under the Indenture.
"UndercloUd ProF..rty" m-,~ms, for each Fis~21 Year, all Taxable Property not classified
Developed Property or Taxabl" Property Owner Assoziation Prope,nry.
ASSIGN.'MENT TO LANI) USE CATEGORIES
E...zh Fiscal Year, all Taxable Prope."ry wi~in CFD No. 97-03 shall be classified as
Developed ~operr),, Taxable Property Owner Assoziation Properry, or Undeveloped
~ope,'~.', and shall be subject to the le~2q of axmual Spegial Taxes demrmin~d pursuant to
Seaflop3 C v. nd D below. Developed Prope~' shall be assign_-d to Land Use Classes !
~ooub 3 zs iistect in Table 1 based on the prim.~,'-y land use of za"h such Assessor's
?arcel.
Toe Maxim~'n Ann,'2j Speaial Tax for Residential hope,,7 shall be based on
Residential floor Area of the dwelling tmi,3 ]ozated on fie Ass~ssor's P~-ze]. 7he
MaxL-nm'~ A~uz] Spezia] Tax for Co;mmerci'd ?ropetry ~n4 Co.'r~muniry ,~a~ose
?ropen2y shall be based on the Acreage oftbe Assessor's Parcel. ,'
M.-tX.~FL%'I .-~N.'N'UAL SPECI.-LL TAX K~TE
Developed Propart)'
To.' Maximum Annul Special Tax for ~ch Land Use Class of Developed
s'ra!l be the mount shown in Table 1 below.
T.43LE 1
L~d Use
Class
Maximum .-~anual Special Taxes for Developed Propert}'.
Community Facilities District No. 97-03
Description
Residemiz/Propc,~"~y
Co.-mm:rcial ProperLy
Community Purpose Facility Property
Maximum Annual Special Tax
$0.392 per square foot of Residential
Floor Area ~
54,000 per Acre
Sl .000 p:r Acre
2. Undeveloped Property and Taxable Property Owner Association Propemy
Tn,~ Maximum Armua] Special Tax for Undeveloped Property and Taxab]e
~operty Owner Association Property hn CFD No. 97-03 shall be $7,954 per
METHOD OF LPPORTIONMENT OF THE SPECLA_L TAX
Commenzi.-.g with Fiscal Year 1979-2000 and for each fol]ov,'ing Fiscal Year, the Council
shall detemine the Special Tax Requirement and shall ]:vy the Special Tax until the
~mount of Special Tzx_'zs equals re Special Tax Requirement. The 5pe:ial Tax shall be
iex,ied each Fisc2t Year as follows:
First: The Special Tz.x shall be levied Proportionately on each Assessor's Parcel of
Develope~ ~ope,nry at up to 100% of the appiizab]e Mzxi.,num Artanal Special Tax.
Second: if additional monies are needed to sa:~fy the Sp=ial Tax Requh-ement afer ~e
step has been completed, the Special T~ shall be ]e','ied Proportionately on each
Ass:ssor's ?or:z] of Undsvelop~ Prope,~'Ty ~uD to 100% of abe Maximum Armual Special
for Un~eve]oped Proper~y;
.7?,ird: if a'iditional monies are needed to sa~%' the Special Tax Requirement after the
5.rst two sz~2s have b~n completed, then the Special Tax shall be ]e'.'ie~ Proponionam]y
on eazh Ass:ssor's Parcel of Taxable Prope.'ry Owner Association Property at up to the
?,{axEmum Annual Special Tax for Taxable Prop. erry Owner Associatioa Property..
Norwiths'.~a.d~g the above, under no circm~s',~nzes will the Special Tax levied agains:~ any
Assessor's Parcel of Occupied Residential ~op:rty be incr'~.s~ by more than ten perzent
p-'r ),ear as a consequence of delinquency or default in the pa),-nent of Sp~ial Taxes by re
owner of any other Assessor's Parcel within ~e CFD.
BACK'U'P SPECI.~L TAX
The following definitions apply to this Section E:
"Actual Average Sp~ial Tax Per Unit" races, for eac~ Planning Area, the Actual
Special Tax Revenue divided by the sum of the number of units included in any current
building pe.-mit application(s) plus the number of units wi'&in such Harming Area for
which building permits have previously been issued. Any building permits issued after .an
Assessor's P~.-cel has been classified as Occupied Residential Property shall not be
included in determining the Actual Average Sp:cial Tax Per Unit.
"Actual Sp~ial Tax Revenue" means, for each Pla.n.ning Area, the sum of the total
ResidentiS Floor .Area shown on any current building permit appli~tion(s) plus the total
Residential Floor Area ~om any previously issued building permits within the Pla:t:ing
.'`tea mukipiie~ by the applizabie Maximum Ar, nual Special Tax. Any building permits
issued aher Ln Assessor's PL-ceI has been :l~si~ed as Occupied ResidenLial Prope,w>' st:all
.no: be included in alere.whining t:;e Actual S~e:ial Tax Revenue.
"Backup Special Tax Fund" m-2ns, for :ash Planning Area, the ~nd or azzount
identified in the Indenture to hold Backup Special Tax payments received from properry
owners within such Planning Arm.
"Expect~ Special Tax Revenue" m-tans, with resp,~ct to cash Planning Area, the mount
shown in Ene colurrm so lab,=l,~d in Table 2
"Required Average Special Tax Per Unit/Acre" means, for each Pie.racing Ar-_a, the
Expect`~d 5pesial Tax Revenue dMd`~d by th-. total cxp"ct~ numb,=r of dw,~lling uni,..s or
non-r,~sidemial Acres (as applir-able) expcz~ m b,~ d,~vc]op,~d within the Planning fijea,
as det,ermined by the CFD Adminisntor based on tcntativ,~ maps. Final Residential
Subdivision maps, the Developm-'z'nt ProjcL-'fion, and all oth_'zr relevant lafot-mation availiDl,e
io th,e CFD AdminLva-~tor. Ia cas~s where r~i:iential an:l non-resid,en'dzl prop,e,wy ar,~ bath
malud~ ~:hin a Pl~.nning .~-::z, ~e CFD Admini~.~'rator m~y adjust fne R,~qukr~.d Av,em~e
Special Tax Per Unit/Acre as ne~ss~,"y.
"Share of Annual Debt Sea'ice" m~D~, for eazh PianniDg Area, the maximum mnaual
debt se,n~ze on the Boni multipii~ by thm Pi-aning .A:ta's ~rc'enmge of the to',zl Spezial
Tax revenue, as shown in Table 2 below. A Pla~ing Area's Sh~,-e of A,'~.nual
Sen'ice si~z.ll be adjusted to re~e~ a~y prepaymens within that Pla.m"Ling Area.
1. Ex'p~ted Development and Sp~_ial Tax Revenu5
Table 2 below identifies the ~nount of developmere and Spe.:-i-,l Tax revenue
is currently expected from each Planning Area. Table 2 may be revised by
CFD Administrator if the Pinnning Area bound~.rics ,,-e modified.
TABLE2
PLANNING
J2,Z.A
R-!-i 1
R-1-22
R-1-23
R-!-24
R-I-4.5
CPF-!--4.
R->!2
R-I-4. ]
R-!--4.2
R-]--:'O
Rq-4.3
R-i'--4
Rq~5
Cq-2
TOTAL
Expected Development and Special Tax Revenue by Planning Area
Community Facilities District No. 97-03
EXPECTED
PRODUCT TYPE
Residential Property
Residential ProDerr),
Residential Property
Residential Prop",'W
Residential Prooe,,"ry
Communi~ Pm?sse
Faz~!i~ Prope~,"ry
Residentinl hoDs~'
Residential ~oDerty
Residential ProDe,Ty
Residential Property
Residmfial hODe~u'ty
Residential
Co.'rmo. rcial ProDepuTy
NA
NUMBER EXPECTED
OF TOTAL SPECIAL
UNITS/ RESIDENTIAL TAX
ACR.ES F_OOR AREA REVENUE
120 units ?.-4.760 5135.146
86 units 156.8~ S6IA~]
87 units 173.391 S67.969
138 units 352.038 S137,999
117 units 158.535 S62.146
4.8 acres .NA ~,SOO
103 unis
90 unis
74 uni'.s
201 uni5,
240 units
200 uni,.s
] 8 units
2.1 acres
1.474 units
205.279
] 65.593
134,975
251.250
234,000
195.099
17.550
NA
NA
SB0.469
565268
S52.911
S98.490
S91.728
S6.880
5~,400
~950~137
PERCENT
OF TOTAL
REVENUE
!4.22%
6.47 %
7.15%
14.52%
6.54 %
0.51%
8.48%
5.87%
5.57%
10.37%
9.55 %
8.05 %
0.72%
0.88%
100,00%
Calculation of Required Average Special Tax Per Unit/Acre
At ~'ne time ~e first building permit applization for a Planning Area is submined
to ~he City, the CFD Administrator shall calculate fine Required Average Special
Tax Per Unit/Acre.
Backup Special Tax due to Loss of Units/Acres
if at any time after the Required Average Special Tax Per Unit/Acre has been
cEcu!ated initially for a Planning Ar~, the CFD .Administrator determines that
b,_sezl on tentative maps, Final Residential Subdivision maps. the Development
~ojeztion, anti any other available info.'-mation there has been a reduction in ii~e
io',l expected number of dwellhng units or non-residential .Acres within that
Pi,p.a":.in= .Area, then a BadroD Special Tax maymerit shall be reauh-ed for each lost
unit or .Acre prior to fine issuance of any additional building permits or the
rezordation of any additional final roads for such Platonine Area.
Backup Special Tax due to Loss of Residential Floor Area
For Piarming Areas that inz!u~e ResiSen:ial F'rope,nr)'. before eagh building pe..--nit
(or ~roup of permits) is issued, the CFD Administrator shall calculate the Actual
Aver'a~e S~cia] Tax P~r Unil for ~= Plying Area. If the Actual Average Sp~ial
T~ ?=r U~ is ]~ss ~ ~ R~qub~ Average Special T~ P~r Uni~ ~en a Batimp
Sp=:i~ Tax p~ym=nt will b= r=quir:d prior to issuance of ~ building psrmk(s)
inzlud=d wi~ ~e calsulafion.
S. Calculation of Backup Special Tax
Th_- Baclmp Special Tax payment mount will be calculated using the prepayment
io...-~uia cl:s~ibed in Seatinn I. 1, wi~h the following exceptions: (i) if the Battrap
Spezi,_.l Tax is required ,_s a result of Section E.3, then the amount used in
P~h"agr~ph 1 of the prepayment formula described in Section I. 1 shall equal the
nm~r of Ion u~its or Acres, as applireble, times the Required Average Special
Tax P.':r U~ittAzre: (ii) if the Backup Special Tax iz required as a result of Sez:ign
E.4~ ,..hen the remount used in Paragr'~ph 1 of the pr~ayment formula des:rib:el in
S=-don 1.1 shz!] equal the di~rens: between the Ac~"~u3.1 Average Special Tzx Per
Unit a~d the Required Ave,ege Sp~ial Tax Per Unit times the sum of the number
of uni,3 for which pen:ni~ are being issued plu. s the number of units within the
?i~g .~rm for which building p.~mits have previomly been issu~l. The ~.mo'm-nt
det"~"d pursuit to the preceding senienze shall be reduced by the b~anze in
th-_ B~zi.-up Spezial Tax Fund that has b"~n esmblish~ for such Plaming Ar~: (iii~
in Pategraph 5 of the prepayment formula described in Section I.], compute the
annum needed ~o pay interest on th-' Bond R~demption .42count until the first
red_':mpfion date that occurs after five years from the date of the first Baztmp
Spebal Tax payment in the Plmning .~r=a; (iv) ~y Backup Special Tax payments
recei;qerl for a Plal'ming Area (less Afiraiaisu-afive Fees and Expenses) shall be
depositM into the Backup Special Tax Fund for that Picturing Area and disbursed
pursue.at to the Indenture; and (v) the Maximum Aknual Special Taxes applicable
to property within a Pin.rating Ar~ shall not be reduced or relieved as a result of
payment of the Backup Special Tax.
6. Use/Release of Backup Sp~ial Tax Payments
When a Plakning Area r~ashes full buildout (i.e. all e.xp~.cted building permits
b~n ~sued), the CFD Administrator shall calculate the actual Developed Property
Maximum Annual Special Tax revenues that wilI be generated from such Plapzing
An-ca. If the actual Developed Property Maximum Annual Sp~ial Tax revenues are
gr:a~tr than or equal to 1.1 times that Planning Area's Share of Annual Debt
Se3'iz:, the bal~ce in the Backup Spatial Tax Fund shall be returned to the payer.
If Batimp Special Taxes have been paid by more than one entity, the mount of
Batimp Special Taxes returned to each payer shall be in proportion to the mount
paid by each entity. If the actual Developed Prope,~"~.' Maximum Annual Special
Tax revenues are less than 1.1 times that Plarmj. ng Area's Share of Armual Debt
S'-D'ic:, then to the extent nezess~,D' to gznerate 110% coverage, the balance in
Backup Special Tax Fund shall be used to r~deem bonds on the next available
red:mption da~. Any moneys r=maining in Backup Special Tax Fund si';alt
rem.'m:'~ ~o Cne ?y:r. If a Planning .,kr:a has no~ reached full hulldon within fly
yzars after the ftrst paymznt of BatImp Special Taxes for such ?]mnning Area. then
moneys in the Bac}mp Special Tax Fund shall be used to re:~eem bonds on the
n,-xl available redemption date.
F. EXEMFHONS
No Sp-~:i~ Tax shall be levied on up to 155.385 Acres of Property Owner Association
Z-opera' zn'i Public ~operry. TD:-exempt rarus will be L"revocably assigned by the CFD
AdmiaL,-~-ator in the chronological order in which property becomes Propmwy Owner
Associa:ion Property or PuNic Property.
After the ih,'i'-~t of 155.385 exempt Acres has been reached, the MaxLaura Annual Spe:'ial
Tax obligation for my additional Public Property shall be prepaid in full by the seller
purs,mn~ to Section I. 1, prior to the wazsfer/d~ication of sur'h propm,-ry.
?roperC,'' Owner Association Property that is not exempt from Special Taxes under this
section shall be subject to the levy of the Sp~'zial Tax and shall be taxed Proportionately
as part of'L-: third st~ in Section D above, at up to ]00% of the Maximurn Annual Special
Tax for Taxable Property Owner Association Property.
REVIEW/APPE.4L CO.~EMITTEE
l"ne Co~_.dl shall esablish as part of fie proceedings and adminisn-ation of CFD No. 97-
03 a special three-member Review/Appeal Corrgninee. Any landowner or resident who
feels tha~ the amount of the Special Tax levied on their Assessor's Parcel is in error may
file a v,,'rinen notice with the Review/App'aJ Committee appealing the amount of the
Special Tax levied on such Assessor's P~,-cel. The Review/Appeal Committee may
establish such procedures as it deems necessary to unclerake the review of any such
appeal. T'ne Review/Appeal Cornmince shall interpret this Rats and Metho::i of
Apporcio,nment and rrzl:e deterni'zatioas relative to the annual adminis~'ation of the Special
Tax and ~y landowner or resident appeals. as herein specified. The decision of the
R;view/AppeaI Cognee shall be final and binding as to all persons.
.Kt~NNER OF COLLECTION
~e annuaJ Special Tax shall be collected in the same manner and at the same time as
ordinary ad valorera property axes; provided, however, that CFD No. 97-03 may directly
bill the So:cial Tax, may collect Special Taxes at a different time or in a different ma.rmar
if necess~.-)' ~o meet i~ financial obligations, and may covenant to foreclose and may
actually foreclose on Assessor's Parcels which are delinquent in the payment of Special
Taxes.
!.2.ndownzrs shall pay the Bac!.mp Special Tax directly to uhe City upon notification of the
Bactmp Special Tax amount due, prior to th-" issuance ~e building pe~iB or r=cordation
of th~ fiBEl map, ~ applicable, upan which ~: calculation of such Backrap Special Ta is
b~ed. Backrap Special Tax payments may b~ made in cash or as a ]~ner of credit with
::rms azz:D:abl= to ~ CFD Administrator.
Tenders of Bonds may be accepted for pa,vmem of Spgr. ial Taxes upon the terms and
conditions established by the Council pursuant to the Act. However, the use of Bond
tenders shall only be allowed on a case-by-case basis as specifically approved b,x' the
Council.
PREPAYME..VI' OF MAXIMD.'M A.N'..'NU.,LL SPECI.-LL %9/2
The following definition applies to this Section I:
"Outstanding Bonds" megs all previousb' issued Bonds which will remain outstanding
after the in-st interest and/or principal payment date following the current Fiscal Year,
excluding Bonds to be redeemed at a la~er dmte with the proz~ds of prior prepaymen,.s of
Maximum Annual Special Taxes.
i. Payment in Pull
The Maximum Annual Special Tax obligation may onb' b: prepaid and
pe.'z'=mnently sa~Lq~M by an Assessor's P, ,-cel of Developed ~o~,~-TF.' Undeveloped
Prope,nzy for v,'hi:h a building permit has been issued. or P~abiic Props,u-D,'.
Mz.ximum Annual Special Tax obligation applicable to such Assessor's Parr. e!
be fully prepaid and the O'Dliggion OfSe Assessor's Parcel ~o pay the Maximum
A,n,'mal Special Tax permanently satisfied as described herein, provided that a
pr_':Zpaymem may be made only if there m-e no delinquent Special Taxes with respect
to such Assessor's Parcel at the Time of prepaymem. An owner of an Assessor's
Parcel intending to prepay the Special Tax obligation shall provide the CFD
Administrator with written notice of intent to prepay. Within 30 d%'s of receipt of
such wrinen notice, the CFD Administrator shall notify such owner of
prepayment amount of such Assessor's Parcel and may charge a reasonable fee for
providing this sen'ice. Prepayment must b~' made not less than 45 days prior to the
next occurring date tha~ riotic= of redemption of Bonds from the proceeds of such
prepayment may be given to the T,'-ust~-e pursuant to the Indenture.
The ~epayment Amount (defm_,ad below) shall be calculated as sttrnrnarized below
(~pitalized terms as defined below):
Total:
Bond Redemption Amount
plus
plus
plus
less
less
cquals
Redemption Premium
Defezsance Amount
AdnninisL-ative Fees and Expenses
Reser~'e Fund Credit
Ca=italized interes~ Credit
Prepaym:nt Amount
,-l-s of the proposed da~e of prepa.vment, ;j'~e Pr~paymant Amoum (defined below)
shall be calculated as follows:
PEa_~raph No.:
For Assessor's Parcels of Developed Property, compute the Maximum
Annum 5pedal Tax for the Ass~sor's Par~l to b,- prepaid. For Ass-~ssor's
Parcels of Undeveloped Property to be prepaid, compute the Maxhmum
Annual Special Tax for fiat Assessor's P~-cel as thou~ it was already
designated as Developed Prop:my, based upon the building permit which
has aL-eady been issued for that Assessor's Parcel. For Assessor's Parcels
of Public Property to be pr~aid, compute the Maximum Annual Special
Tax for such Assessor's Partel using ti~e Maximtun Special Tax for
Undeveloped Property.
Divide the Maxima Annual Special Tax computed pursuant to p'-,-agraph
1 by the total exp:zted Sp=ia/Tax revenues as shown in Table 2 in Setdon
E, excluding any Assessor's Parcels which have been pr~aid.
Mulfipi)' the quotient computri pursuant to paragraph 2 by the Outshanding
Bonds to compute the mount of Outshanding Bonds to be retired a~nd
prepaid (fie 'Bond Rederr.w. tion Amoura ').
Multiply the Bond Redemption .Amount computed pursuant to pm-agra.Sh 3
by the applicable redemption premium, if any, on the Outshanding Bonds
to b-' redeemed (the "Redemption Premium').
Compute the mount needed to pay interest on the Bond Redemption
Amount from the first bona interest andlor principal payment date
follbwing the current Fiscal Year until the earliest redemption date for the
Outstanding Bonds.
Coninn that no Special Tax delinquencies apply to such Assessor's Partel.
]0.
Determine the Spezial Taxes levied on the Assessor's Parcel in the current
Fiscal Year which have not yet been paid.
Compute the mount the CFD Adminisu-ator expects to derive from the
reinvestment of the Prepayment Amount less fie Administrative Fees and
Expenses from-the date of prepayment until the redemption date for the
Outstanding Bonds to be rede:.med with the prepayment.
.Add the mounts computed pursuLnt to paragraphs 5 and 7 and subtract the
amount computed pursuant to paragraph 8 (the "Defeasance Amount').
,15 administrative fees and expenses of CFD No. 97-03, including
the costs of computation of the prepayment, the costs to invest the
prepaym:m proceeds, the zos:s of redeeming Bonds, and the costs of
recording any notices to evidence the prepsyment and the redemption (the
'Administrative Fees and Expenses ").
11.
If reserve funds for the Outstanding Bonds, if any, are at or above 95 % of
the reserve requirement (as defined in the Indenture) on the prepayment
date, a resetwe fund :redit (the 'Reserve Fund Credit") shall be calculated
as follows: (i) if the reserve funds are at or above 100% of the rese~e
requirement, the Reserve Fund Cr~it shall equal the acu~ reduction in the
reserve requirement, if any, as a result of the pr~'payment, or (ii) if th~
reserve funds are at 95/% or between 95% and 100% of the rescue
requirement, the mount calculated pursuant to paragraph 1 ] (i) shall be
reduced by the percentage by which the reserve fund is below the reserve
requirement. No Reserve Ftmd Credit shall be ~anted ff reserve funds are
below 95% of the reserve requirement.
If any c2pitaliz~d interest for the Outs:~nding Bonds will not have been
expend~ at the fume of the firs~ intere~ rod jot principal payment following
the current Fiscal Year, a capimiized interest ~edit shall be calculated by
multiplying the quotient comput.~ pursuant to paragraph 2 by the
balance in the capitalized interest fund s~'~er such i-st interest and/or
principal payment (the 'Capitalized Interest Credit ~). .'
13.
The Maximum Annual Special Tax prepaymem is equal to ~he sum of the
amounts computed pursuant to paragraphs 3, 4, 9 and 10, less the m-nouns
computed pursuant to p~.-aFaphs 11 and 12 (the ?repay. mere Amount ').
From the Prepayment Amount, ~e amounts computed pursuant to paragraphs 3,
4, 9, 11 and 12 shall be deposited into the appropriate funds as established unSer
the Indenture. The amount computed pursuant to paragraph ]0 shall be retained
by CFD No. 97-03.
As a result of the paymere of the cm"rent Fiscal Year's Speaial Tax levy as
detemin-al under paragraph 7 (above), the CFD Administrator shall remove the
current Fiscal Year's .Special Tax levy for such Assessor's Parcel from the County
tax rolls. With respect to any Ass.-ssor's Parcel i.hat is prepaid, the Council shall
cause a suitable notice to be recorded in compliance with the Act, to indicate the
prepayment of the Maximum Annual Special Taxes and the release of the
Maximum Annual Special Tax lien on such Assessor's Parcel, and fine obligati~
of such Assessor's Parcel to pay the Maximurn Annual Special Tax shall cease.
Notwi~-.standing the foregoing, no Maimurn Annual Sp=ial Tax prepayment shall
be allowed unless the mount of MaxLmum Annual Special Taxes that may be
levied on Taxable Property within CFD No. 97-03 both prior to and after the
proposed prepayment is at least 1.1 tLmes fine maximum amnual debt service on all
Ou:standing Bonds.
7:nders of Bonds in pr:pzyment of Maximum Annual Special Taxes may be
~::'_pted upon the terms and conditiom established by the Council pursuant to the
AsL However, the use of Bond tentiers shall only be allowed on a case-by-case
basis as specifically approved by the Council.
Prepaymenl in Part
The Maximum Annual Special Tax on an Assessor's Parcel of Developed Property
or ~ Assessor's Parcel of Undeveloped Property for which a building permit has
been issued may be partially prepaid. The amount of the prepayment shall be
c~:'ulated as in Section 1.1; except get a partial prepaymem shall be caisulated
a=ording to the following formula:
P? = P-: × F.
These terms have the following
PP = the partial prepzyment
P: = the Prepayment Amount calalated accordLag to Section I. l
F = the percent by which the owner of the Assessor's Parcel(s) is p,-niaJly
prepaying the Maximum Annual Special Tax.
The owner of an Assessor's Parcel who desires xo partially prepay the Maxmum
.tLzmual Special Tax shall notify the CFD Adrninis~ator of (i) such owner's intent
to partially pr~ay the Maximum Ann~ Special Tax, (ii) the percentage by which
the Maximum .Annual Special Tax ska!l be prepaid, and (iii) the company or agen~
that will be acting as the escrow agere, ffapplicable. The CFD Adminis'trator shall
provide the owner with a statement of the mount required for the partial
prepayment of the Maximum Annual Special Tax for an Assessor's Parcel within
thi;ry (30) days of the request and rnzy charge a reasonable fee for providing this
ses'i:e.
With respect to any Assessor's Parcel that is partially prepaid. the City shall (i)
distribute the funds remitted to it according to the Indenture, and (ii) indicate in the
records of CFD No. 97-03 that there has been a partial prepayment of the
Maximum Annual Special Tax and that a portion of the Maximum Annual Special
Tax equal to the outstanding percentage (1.00 - F) of the remaining Maximum
Ansval Special Tax shall continue to b-' authorized to be levied on such Assessor's
Parcel pursuant to Section D. "
TERM OF .M.~YiMU~{ A_N.'N'UAL SPECI.-U., TA.X
Tn: Maximm.-n Annual Special Tax shall be L-vi_q commencing in Fiscal Year 1999-20CK)
to tin.- extent necessary to meet the Special Tax Requirement for a psriod not ~o exceed
:2:irty-five
EXHIBIT A
PLANNING AREA MAP
McMiilin / Otay Ranch
CFD No. 97-3
PLANNING AREA MAP
.P-5.1
:P~.2
·
|
t
City of Chula Vista
CFD ND. 97-03 (Otay Ranch McMiliin S~A One)
List of PrDperty Owners
C,~,3D