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88-437RESOLUTION NO. 88R-437 A RESOLUTION OF INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 Community Facilities District No. 1989-2 (The Highlands) RESOLVED by the City Council of the City of Anaheim (the "City") that: WHEREAS, the City Clerk has received a written petition (the "Petition") from the owners of not less than ten percent (10~) of the area of land proposed to be included within a community facilities district (the "District"), the proceedings for the formation of which District are as hereafter provided; and WHEREAS, under the Act, this City Council is the legislative body for the proposed District and is empowered with the authority to establish the District; and WHEREAS, this City Council, with the aid of the City staff, has reviewed the Petition and found it to be in proper form and now desires to proceed with the establishment of the District; NOW, THEREFORE, IT IS HEREBY ORDERED as follows: 1. This City Council proposes to conduct proceedings to establish a community facilities district pursuant to the Mello Roos Community Facilities Act of 1982, as amended (the "Act"), Chapter 2.5 of Part i of Division 2 of Title 5, commencing at Section 53311, of the Califon~ia Government Code. 2. This City Council hereby acknowledges receipt of the Petition and finds and determines that the Petition is signed by the requisite number of owners of land proposed to be included within the District as set forth in Section 53319(d) of the Act. 3. This City Council hereby acknowledges receipt of the $25,000 check snbmitted to the City in connection with the Petition and determines that said amount is sufficient to compensate the City for a portion of the costs incurred or to be incurred in conducting the proceedings to create the District. The Finance Director of the City is hereby authorized and directed to negotiate said check and hold the proceeds thereof in an account of the City, said proceeds to be used by the Finance Director solely to pay any costs incurred by the City in establishing the proposed District. It is the intent of this City Council that said $25,000 to repaid to the petitioners, without interest, from the proceeds of special tax bonds to be issued by the City for the proposed District. In the event that said special tax bonds are not issued, the Finance Director is hereby ~r authorized and directed to return, without interest, any of such funds which have not been committed or theretofore used to pay costs of the City in establishing the District. The Finance Director is hereby authorized and directed to submit and collect from the petitioners any expenses of the City incurred in establishing the proposed District in excess of said $25,000 and not paid from the proceeds of special tax bonds issued for the District. 4. The name proposed for the District is Commnnity Facilities District No. 1989-2 (The Highlands). 5. The proposed boundaries of the District are as shown on the map of the District on file with the City Clerk. which boundaries are hereby preliminarily approved and to which map reference is hereby made for further particulars. The City Clerk is hereby directed to record, or cause to be recorded, a map of the boundaries of the District in the office of the County Recorder within fifteen days of the date of adoption of this Resolution, but in any event at least fifteen days prior to the public hearing referred to in paragraph 12 below. 6. The type of pnblic facilities proposed to be financed by the District and pursuant to the Act shall consist of those items listed as facilities on Exhibit A hereto and by this reference incorporated herein Ithe "Facilities~'), and the public services proposed to be financed by the District and pursuant to the Act shall consist of those services listed as such on Exhibit A (the "Services~'). 7. Except to the extent that funds are otherwise available to the District to pay for the Facilities, the Services and/or the principal and interest as it becomes due on bonds of the District issued to acquire and/or construct the Facilities, a special tax sufficient to pay the costs thereo£ secured by recordation of a continuing lien against all non exempt real property in the District, is intended to be levied annually within the District, and collected in the same manner as ordinary ad valorem property taxes. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within the proposed District to estimate the maximum amount such owner will have to pay, are described in Exhibit B attached hereto and by this reference incorporated herein. 8. It is the intention of this City Council acting as the legislative body for the District to cause bonds of the City to be issued for the District pursuant to the Act to finance in whole or in part the acquisition of the Facilities and the initial cost of the Services. Said bonds shall be in the aggregate principal amount of not to exceed $24,500,000, shall bear interest payable semi-annually or in such other manner as this City Council shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and shall mature not to exceed 40 years from the date of the issuance thereof. 9. The levy of said proposed special tax shall be subject to the approval of the qualified electors of the District at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballot among the landowners in said proposed District, with each owner having one vote for each acre or portion of an acre such owner owns in the District. 2 10. Except as may otherwise be provided by law, all lands owned by any public entity, including the United States, the State of California and/or the City, or any departments or political subdivisions thereo£ shall be omitted from the levy of the special tax to be made to cover the costs and expenses of the Facilities and the Services. In the event that a portion of the property within the District shall become for any reason exempt, wholly or in part, from the levy of the special tax described in Exhibit B, this City Council will, on behalf of the District, increase the levy to the extent necessary upon the remaining property within the District which is not exempt in order to yield the required debt service payments and other annual expenses of the District, if any, subject to any maximum special tax that may be levied.. 11. The Director of Public Works of the City, as the officer having charge and control of the Facilities and the Services in and for the District, is hereby directed to study said proposed Facilities and Services and to make, or cause to be made, and file with the City Clerk a report in writing, presenting the following: (a) A description of the Facilities and Services by type which will be required to adequately meet the needs of the District. (b) An estimate of the fair and reasonable cost of providing the Services and of acquiring and/or constructing the Facilities including the cost of acquisition of lands, rights-o~way and easements, any physical facilities required in conjunction therewith and incidental expenses in connection with said acquisition, including the costs of the proposed bond financing and all other related costs as provided in Section 53345.3 of the Act. Said report shall be made a part of the record of the public hearing provided for below. 12. Tuesday, February 7, 1989, at 7:30 p.m., in the regular meeting place of this City Council, Council Chalnbers, City Hall, 200 South Anaheim Boulevard, Anaheim, California, be, and the same are hereby appointed and fixed as the time and place when and where this City Council, as legislative body for the District, will conduct a public hearing on the establishment of the District and consider and finally determine whether the public interest, convenience and necessity require the formation of the District and the levy of said special tax. 13. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form of Exhibit C hereto. 14. The law firm of Jones Hall Hill & ~ite. A Professional Law Corporation, is hereby designated as bond counsel to the City in connection with the formation of the District and the special tax bonds expected to be issued by the CiW for the District. The City Attorney is hereby authorized to execnte and deliver an agreement with said firm for serxfices in connection with the District and said bonds, the fees of said firm to be payable solely from the proceeds of said bonds and to be no more than those charged for similar work as determined by the City Attorney. PASSED AND ADOPTED this 20th day of December, 1988. ATTEST': C;~ty Clerk -4- CLERK STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM SS. I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 89R~437 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 20th day of December, 1988, by the following vote of the members thereof: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter Kaywood None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 89R-437 on the 13th day of January, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 13th day of January, 1989. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 89R-437 duly passed and adopted by the Anaheim City Council on December 20, 1988. ~~[~CITY CLERK OF ~H~E~CITY OF ANAHEIM EXHIBIT A DESCRIPTION OF FACILITIES TO BE ACQUIRED OR CONSTRUCTED AND SERVICES TO BE PROVIDED BY THE D1STRICT COMMUNITY FACILITIES DISTRICT NO. 1989-2 (The Highlands) FACILITIES TO BE FINANCED Santa Aha Canyon Road Improvements Serrano Road hnprovements Imperial Highway Improvements B ana C Street hnprovements Storm Drain/Bifurcation hnprovements in ,DeerCmqyon Police Station Improvements Park Improvements Golf Course Improvements SERVICES TO BE FINANCED Police and Fire Se~fices OTHER Bond related expenses, including underwriiers discount, reserve fund, capitalized interest, bond counsel and all other incidental expenses Administrative fees of the City and the Bond trustee related to the District and the Bonds A 1 EXHIBIT B RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX INCLUDING ESTIMATED MAXIMUM AMOUNT OF SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO. 1989-2 (The Highlands) A Special Tax applicable to each Assessor's Parcel in Community Facilities District No. 1989-2 (The Highlands) (herein "CFD No. 1989-2") shall be levied and collected according to the tax liability determined by the City Council of the City of Anaheim acting in its capacity as the legislative body of CFD No. 1989-2 (herein the "Board") through the application of the appropriate amount or rate for "Developed Property" or "Undeveloped Property", as described below. All of the property in CFD No. 1989-2, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent and in the manner herein provided. A. Definitions. The terms hereinafter set forth have the following meanings: "Apartment/Senior Housing" means a building or buildings comprised of units available for rental by the general public or senior citizens. "Base Maximum Special Tax" means an amount equal to $.14 per square foot applicable to each Developed Property. "Condominium" means a unit meeting the statutory definition of a condominium contained in Civil Code Section 1351. "Developed Property" means all Assessor's Parcels in CFD No. 1989-2 for which a building permit has been issued as of March 1 of the preceding Fiscal Year. "Fiscal Year" means the period starting on July 1 and ending the following June 30. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C, that can be levied by the Board in any Fiscal Year for each class of Developed Property and for Undeveloped Property, as applicable. "Taxable Property" is all of the area within the boundaries of CFD 1989-2 which is not exempt from the Special Tax pursuant to law or Section E below. "Undeveloped Property" means all Taxable Property in CFD No. 1989-2 not classified as Developed Property. B-1 Page 2 B. Assiqnment to Land Use Class. On July 1 of each year, all Taxable Property within CFD No. 1989-2 shall be categorized either as a Developed Property or an Undeveloped Property and shall be subject to tax in accordance with the rate and method of apportionment determined pursuant to Sections C and D below. For purposes of determining the applicable Maximum Special Tax pursuant to Section C, Developed Property shall be assigned to one of the classes designated in Table 1 below. Developed Property consisting of single family residential development shall be assigned to Classes 1 through 3 based upon the square footage of the improvements to be constructed on an Assessor's Parcel as set forth in the most recent building permit issued for such property. The square footage of a structure assigned to Classes 1 through 3 shall be calculated by measuring the internal living space of each unit located within the Assessor's Parcel, exclusive of garages or other structures which are not used as living spaces. For Developed Property consisting of attached residential development, the property shall be assigned to Classes 4 and 5 based upon whether it is a condominium or apartment/senior housing development. Commercial and industrial property shall be assigned to Class 6. The square footage of a commercial or industrial building assigned to Class 6 shall be computed from the gross square footage for the building as reflected in the building plans upon which the building permit was issued. C. Maximum Bpecial Tax Rate. 1. Developed Property The Maximum Special Tax for an Assessor's Parcel classified as Developed Property in Classes 1 through 5 shall be the greater of (i) the amount derived by multiplying the square footage of such Assessor's Parcel times the Base Maximum Special Tax or (ii) the amount determined by reference to Table 1. For purposes of this Section C, the acreage or square footage of an Assessor's Parcel shall be determined by reference to the most current parcel map or other subdivision tract map. The Maximum Special Tax for an Assessor's Parcel classified as a Developed Property in Class 6 shall be the greater of (i) the amount derived by multiplying the square footage of such Assessor's Parcel times the Base Maximum Special Tax or (ii) the amount determined by reference to Table 1. Page 3 Undeveloped Property. The Maximum Special Tax shall be $6,400 per acre. for Undeveloped Property Class 1 2 3 4 5 6 TABLE i Maximum Special Taxes on Property in Community Facilities No. 1989-2 [Fiscal Year 1990-91) Per Unit (Residential) Per Acre (Commercial and Industrial) and Land Use S~uare Footage Special Tax Rate for Fiscal Year 1990-91 Single Family Detached Greater than 2,700 $2,166 per unit Single Family Detached 2,250 to 2,700 $2,083 per unit Single Family Detached Less than 2,250 $1,666 per unit Condominiums $1,000 per unit Apartment/ Senior Housing $667 per unit Commercial/ Industrial $6,636 per acre Page 4 De Method of Apportionment of the Special Tax to Developed Property and Undeveloped Property. Starting in Fiscal Year 1990-91 and for each following Fiscal Year, the Board shall determine the amount of money to be collected from Taxable Property in CFD No. 1989-2 in that Fiscal Year. Such amount shall include the sums necessary to pay for current debt service on indebtedness of CFD No. 1989-2, to create or replenish reserve funds determined necessary by CFD No. 1989-2, and to pay administrative expenses and construction expenses to be paid from Special Tax proceeds. The Board shall levy the Special Tax as follows until the amount of the levy equals the amount to be collected: First: The Special Tax shall be levied on Developed Property and Undeveloped Property (exclusive of Undeveloped Property owned by or offered for dedication to a public agency or owned by a homeowner's association) in equal percentages up to the following rates: (1) for Developed Property, 87% of the applicable rate for each class for such Fiscal Year, determined by reference to Table 1, and (2) for Undeveloped Property, $811 per acre; Second: If additional monies are needed after the first step has been completed, the Special Tax shall be levied proportionately on each parcel of Undeveloped Property (exclusive of Undeveloped Property owned by or offered for dedication to a public agency or owned by a homeowner's association) up to $5,568 per acre; Third: If additional monies are needed after the first two steps have been completed, then the levy of the Special Tax on Developed Property and Undeveloped Property (exclusive of Undeveloped Property owned by or offered for dedication to a public agency or owned by a homeowner's association) shall be increased in equal percentages above the rates levied pursuant to the first steps above, up to the following rates: (1) for Developed Property, up to 100% of the applicable rate for each class for such Fiscal Year, determined by reference to Table 1, and (2) for Undeveloped Property, up to $6,400 per acre; Page 5 Fourth: If additional monies are needed after the first three steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of Developed Property whose maximum Special Tax is determined through the application of the Base Maximum Special Tax shall be increased up to the Maximum Special Tax for each such Assessor's Parcel by increasing the applicable rate for each class for such Fiscal Year determined by reference to Table 1 in equal percentages above the rates levied pursuant to step three above. E. Limitations. The Board shall not impose any Special Tax on any acres of land conveyed or offered for dedication to a public agency or on land which is a public right of way or which is an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement. EXHIBIT C NOTICE OF PUBLIC HEARING CITY OF ANAHEIM Community Facilities District No. 1989-2 (The Highlands) Notice is hereby given that on December 20, 1988, the City Council of the City of Anaheim adopted a Resolution entitled "A Resolution of Intention To Establish A Community Facilities District And To Authorize The Levy Of Special Taxes Pursuant To The Mello-Roos Community Facilities Act Of 1982". Pursuant to the Mello Roos Community Facilities Act of 1982 (the "Act") the City Council hereby gives notice as follows: A. The text of said Resolntion of Intention is as follows: RESOLVED by the City Council of the City of Anaheim (the "City") that: WHEREAS, the City Clerk has received a written petition (the "Petition") from the owners of not less than ten percent (10%) of the area of land proposed to be included within a comnxunity facilities district (the "District"), the proceedings for the formation of which District are as hereafter provided; and WHEREAS, under the Act, this City Council is the legislative body for the proposed District and is empowered with the authority to establish the District; and WHEREAS, this City Council, with the aid of the City staff, has reviewed the Petition and found it to be in proper form and now desires to proceed with the establishment of the District; NOW, THEREFORE, IT IS HEREBY ORDERED as follows: 1. This City Council proposes to conduct proceedings to establish a community facilities district pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), Chapter 2.5 of Part i of Division 2 of Title 5, commencing at Section 53311, of the California Government Code. 2. This City Council hereby acknowledges receipt of the Petition and finds and determines that the Petition is signed by the requisite number of C i owners of land proposed to be included within the District as set forth in Section 53319(d) of the Act. 3. This City Council hereby acknowledges receipt of the $25,000 check submitted to the City in connection with the Petition and determines that said amount is sufficient to compensate the City for a portion of the costs incurred or to be incurred in conducting the proceedings to create the District. The Finance Director of the City is hereby authorized and directed to negotiate said check and hold the proceeds thereof in an account of the City, said proceeds to be used by the Finance Director solely to pay any costs incurred by the City in establishing the proposed District. It is the intent of this City Council that said $25,000 to repaid to the petitioners, without interest, from the proceeds of special tax bonds to be issued by the City for the proposed community facilities district. In the event that said special tax bonds are not issued, the Finance Director is hereby authorized and directed to returm without interest, any of such funds which have not been committed or theretofore used to pay costs of the City in establishing the District. The Finance Director is hereby authorized and directed to submit and collect from the petitioners any expenses of the City incurred in establishing the proposed District in excess of said $25~000 and not paid from the proceeds of special tax bonds issued for the District. 4. The name proposed for the District is Community Facilities District No. 1989-2 (The Highlands). 5. The proposed boundaries of the District are as shown on the map of the District on file with the City Clerk, which boundaries are hereby preliminarily approved and to which n~ap reference is hereby made for further particulars. The City Clerk is hereby directed to record, or cause to be recorded, a map of the boundaries of the District in the office of the County Recorder within fifteen days of the date of adoption of this Resolutiom but in any event at least fifteen days prior to the public hearing referred to in paragraph 12 below. 6. The type of public facilities proposed to be financed by the District and pursuant to the Act shall consist of those items listed as facilities on Exhibit A hereto and by this reference incorporated herein (the ~Facilities~'), and the public services proposed to be financed by the District and pursuant to the Act shall consist of those services listed as such on Exhibit A (the '~Services~'). 7. Except to the extent that funds are otherwise available to the District to pay for the Facilities, the Services and/or the principal and interest as it becomes due on bonds of the District issued to acquire and/or construct the Facilities, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the District~ is intended to be levied annually within the District, and collected in the same manner as ordinary ad valorem property C-2 taxes. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within the proposed District to estimate the maximum amount such owner will have to pay, are described in Exhibit B attached hereto and by this reference incorporated herein. 8. It is the intention of this City Council acting as the legislative body for the District to cause bonds of the City to be issued for the District pursuant to the Act to finance in whole or in part the acquisition of the Facilities and the initial cost of the Services. Said bonds shall be in the aggregate principal amount of not to exceed $24,500,000, shall bear interest payable semi annually or in such other manner as this City Council shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and shall mature not to exceed 40 years from the date of the issuance thereof. 9. The levy of said proposed special tax shai1 be subject to the approval of the qualified electors of the District at a special election. The proposed voting procedure shall be by mailed or hand delivered ballot among the landowners in said proposed District, with each owner having one vote for each acre or portion of an acre such owner owns in the District. 10. Except as ~nay otherwise be provided by law, all lands owned by any public entity, including the United States, the State of California and/or the City, or any departments or political subdivisions thereof, shall be omitted from the levy of the special tax to be made to cover the costs and expenses of the Facilities and the Services. In the event that a portion of the property within the District shall become for any reason exempt, wholly or in part, from the levy of the special tax described in Exhibit B, this City Council will, on behalf of the District, increase the levy to the extent necessary upon the remaining property within the District which is not exempt in order to yield the required debt service payments and other annual expenses of the District, if any, subject to any maximum special tax that may be levied. 11. The Director of Public Works of the City, as the officer having charge and control of the Facilities and the Services in and for the District, is hereby directed to study said proposed Facilities and Services and to make, or cause to be made, and file with the City Clerk a report in writing, presenting the following: (a) A description of the Facilities and Services by type which will be required to adequately meet the needs of the District. (b) An estimate of the fair and reasonable cost of providing the Services and of acquiring and/or constructing the Facilities including the cost of acquisition of lands, rights-of-way and easements, any physical facilities required in conjunction therewith and incidental expenses in connection with said acquisition, including the costs of the proposed bond C-3 financing and all other related costs as provided in Section 53345.3 of the Act. Said report shall be made a part of the record of the public hearing provided for below. 12. Tuesday, February 7, 1989. at 7:30 p.m., in the regular meeting place of this City Council, Council Chambers, City Hall, 200 South Anaheim Boulevard, Anaheim, California, be, and the same are hereby appointed and fixed as the time and place when and where this City Council. as legislative body for the District, will conduct a public hearing on the establishment of the District and consider and finally determine whether the public interest, convenience and necessity require the formation of the District and the levy of said special tax. 13. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form of Exhibit C hereto. 14. The law firm of Jones Hall Hill & White. A Professional Law Corporation, is hereby designated as bond counsel to the City in connection with the formation of the District and the special tax bonds expected to be issued by the City for the District. The City Attorney is hereby authorized to execute and deliver an agreement with said firm for services in connection with the District and said bonds, the fees of said firm to be payable solely from the proceeds of said bonds and to be no more than those charged for similar work as determined by the City Attorney. B. The time and place established under said Resolution for the public hearing required under the Act are Tuesday, February 7~ 1989, at the hour of 7:30 p.m., in the regular meeting place of the City Council of the City of Anaheim, Council Chambers, City Hall. 200 South Anaheim Boulevard, Anaheim~ California. C. At said hearing, the testimony of all interested persons or taxpayers for or against the establishment of the district, the extent of the district or the furnishing of the specified types of facilities and services will be heard. Any person interested may file a protest in writing as provided in Section 53323 of the Act. If the owners of one-half or more of the area of land in the territory proposed to be included in the district file written protests against the establishment of the district and the protests are not withdrawn to reduce the value of the protests to less than a majority, the City Council shall take no further action to establish the district for period of one year from the date of said hearing, and if the me0ority protests of the landowners are only against the furnishing of a type or types of facilities or services within the district, or against levying a specified special tax~ those types of facilities or the specified special tax will be eliminated from the proceedings to form the district. C-4 D. The proposed voting procedure shall be by special mail or hand-delivered ballot, to the property owners within the territory proposed to be included in the district. Dated: ~ 1989 /si City Clerk City of Anaheim C-5