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RES-1989-05311009 30 JHHW:P,J'r:c~ 021489 J6690 RESOLUTION NO. 8 9 R- 5 3 A RESOLUTION OF FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 1989-2 (THE HIGHLANDS), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT AND SUBMITTING LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE DISTRICT Community Facilities District No. 1989-2 (The Highlands) RESOLVED by the City Council of the City of Anaheim (the "City") that: WHEREAS, on December 20, 1988, this City Council 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" (the "Resolution of Intention") stating its intention to form Community Facilities District No. 1989-2 (The Highlands) (the "District"), of the City pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"); and WHEREAS, the Resolution of Intention, incorporating a map of the proposed boundaries of the District and stating the facilities and services to be provided, the cost of providing such facilities and services, and the rate and method of apportionment of the special tax to be levied within the District to pay the principal and interest on bonds proposed to be issued with respect to the District and the annual costs of such services and the administration costs of the District, is on file with the City Clerk and the provisions thereof are incorporated herein by this reference as if fully set forth herein; and WHEREAS, on February 7, 1989, this City Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed formation of the District; and WHEREAS, at said hearing all interested persons desiring to be heard on all matters pertaining to the formation of the District the facilities and services to be provided therein and the levy of said special tax were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to this City Council on said matters before it, including a report by the Director of Public Works (the "Preliminary Report") as to the facilities and services to be provided within the District and the costs thereof, a copy of which is on file with the City Clerk, and this City Council at the conclusion of said hearing is fully advised in the premises; and WHEREAS, said hearing was continued to this date, and a revised Preliminary Report (the "Report") was submitted to this City Council prior to this date; and WHEREAS, the facilities to be provided for the District as described in the Report were substantially different from those contained in the Resolution of Intention and the Preliminary Report in that the list of facilities to be financed by the District in the Report eliminates several of the facilities listed in the Resolution of Intention and the Preliminary Report; and WHEREAS, copies of the Report have been delivered to the landowners within the District prior to the date hereof; and WHEREAS, this City Council, with the aid of its staff and consultants has reviewed the rate and method of apportionment of the proposed special taxes as described in the Resolution of Intention and has determined to make changes thereto; and WHEREAS, the revised rate and method of apportionment of the special taxes is set forth in Exhibit B hereto and has been submitted to the landowners within the District prior to the date hereof; and WHEREAS, written protests with respect to the formation of the District and/or the furnishing of specified types of facilities and services as listed in the Report have not been filed with the City Clerk by fifty percent (50c~:) or more of the registered voters residing within the territory of the District or property owners of one-half (1/2) or more of the area of land within the District and not exempt from the special tax; and WHEREAS, the special tax proposed to be levied in the District to pay for the proposed facilities and services to be provided therein, as set forth in Exhibit B hereto, has not been eliminated by protest by fifty percent (50~) or more of the registered voters residing within the territory of the District or the owners of one-half (1/2) or more of the area of land within the District and not exempt from the special tax. NOW, THEREFORE, IT IS HEREBY ORDERED as follows: 1. The foregoing recitals are true and correct. 2. The proposed special tax to be levied within the District has not been precluded by majority protest pursuant to Section 53324 of the Act. 3. All prior proceedings taken by this City Council in connection with the establishment of the District and the levy of the special tax have been duly considered and are hereby found and determined to be valid and in conformity with the Act. 4. The community facilities district designated "Community Facilities District No. 1989-2 (The Highlands)" of the City is hereby established pursuant to the Act. -2- 5. The description and map of the boundaries of the District, as described in the Resolution of Intention and set forth in the map of the District recorded in the Orange County RecordeFs Office at Book 45 of Maps of Assessment and Community Facilities Districts at Page 48, are hereby approved, are incorporated herein by reference and shall be the boundaries of the District. 6. The type of public facilities proposed to be financed by the District and services to be provided for by the District 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 those items listed as services in Exhibit A hereto (the "Services") respectively. 7. It is hereby found and determined that the Facilities and the Services are necessary to meet increased demands placed upon local agencies as the result of development occurring in the District. 8. Except to the extent that funds are otherwise available to the District to pay for the Facilities and the Services, and/or the principal and interest as it becomes due on bonds of the District issued to acquire the Facilities and pay the initial costs of providing the Services, a special tax sufficient to pay the costs thereof 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 probable maximum amount such owner will have to pay, are described in Exhibit B attached hereto and by this reference incorporated herein. 9. The Finance Department of the City of Anaheim, 200 South Anaheim Boulevard, Anaheim, California 92805, telephone number (714) 999-5195 is the department within the City which will be responsible for preparing annually a current roll of special tax levy obligations by assessor's parcel number and which will be responsible for estimating future special tax levies pursuant to Section 53340.1 of the Act. 10. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the District and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the City ceases. 11. In accordance with Section 53325.7 of the Act, the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the District is hereby preliminarily established at $100,000,000 and said appropriations limit shall be submitted to the voters of the District as hereafter provided. The proposition establishing said appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions of Section 53325.7 of the Act. 12. Pursuant to the provisions of the Act, the proposition of the levy of the special tax and the proposition of the establishment of the appropriations limit specified above -3- shall be submitted to the qualified electors of the District at an election the time, place and conditions of which election shall be as specified by a separate resolution of this City Council. PASSED AND ADOPTED this 21st day of February, 1989. ATTEST: City Clerk -4- CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 89R-53 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 21st day of February, 1989, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, and Hunter NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 89R-53 on the 22nd day of February, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 22nd day of February, 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-53 duly passed and adopted by the Anaheim City Council on February 21, 1989. CITY CLERK OF THE CITY OF ANAHEIM EXHIBIT A COMMUNITY FACILITIES DISTRICT NO. 1989-2 (THE HIGHLANDS) DESCRIPTION OF FACILITIES TO BE FINANCED BY THE DISTRICT Improvements to Serrano Avenue, Imperial Highway and Santa Aha Canyon Road; improvements to Deer Canyon Park (including storm drain improvements); and a portion of the costs of a police substation; all as more fully described in the Project. DESCRIPTION OF SERVICES TO BE PROVIDED BY THE DISTRICT Police and fire services, as described in the Report. A-1 EXHIBIT B RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX B-1 .RATR ;%ND, METHOD oF .AppORT_ION~ENT 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. Ail of the property in CFD No. 1989-2, unles~ 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. ~. D=Ofi~itions. The terms hereinafter set forth have the following meanings: ,,Apartment" means a building or buildings comprised of residential units available for rental by the general public. "Base Maximum Special Tax" means an amount equal to $.07 per square foot of lot 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 Asse~or'm Parcels in CFD No. 1989-2 for which a foundation building permit was issued as of March I of the preceding Fiscal Year. "Fiscal Year" means the period starting on July I 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. ,,Religiou~ Property" is all property that is currently exempt from ad valorem property taxes because it is owned and/or operated by a religious organization. "Taxable Property" is all of the area within the boundaries of CFD 1989-2 whic~ 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. Pag~ 2 B. Xssiq~m~t to,~a_~d Use Class.. . On July i 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 ~ubject 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 i below. Developed Property consisting of single-family de=ached residential or paired home development shall be assigned to Classes I 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 i through 3 shall be calculated by measuring the internal living space of each unit locate~ within the Assessor's Parcel, exclusive of garages or other structures which are not u~ed as living spaces. Property shall be assigned ko Classes 4 and 5 based upon whether it is a condominium or apartment 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. Maxim:,_e ..Special. T. aX Rate._ 1. Developed Property The Maximum Special Tax for an Assessor's Parcel classified as DeVelOped Property in Classes i through 7 shall be the grea~er of (i) the amoun= derived by multiplying the sTaare footage of such Assessor's Parcel times the Base MaXimum Special Tax or (ii) the amount determined by reference to Table 1. For purposes o~ 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. 2. ~n~evel~.ped PrOperty.- The Maximum Special TaX for Undeveloped Property shall be $3,400 per acre. Page 3 T~BLE 1 Maxim.u.m SDecia.l Ta×es OD_ProDert_v_ in Communi.t.y Faciliti.e.$ Distr!c_t ~O. 1989..--2 Per Unit (ReSidential) and ~er Acre Lcommercial_and Indu.stria!) class Land .Use I Single Family Detached Square F.o_ota~e Annual Special T_aK Rates 9-,700 $1,181 per unit* Total Maximum Taxes Paid Over Expected Term of Bond Issue _ _(._2_5 Years) $29,525 per unit 2 Single Family 2,250-2,700 Detached ._ $1,136 per unit* $28,400 per unit 3 Single Family < 2,250 $ 908 Detached per unit* $22,700 per unit Condominiums $ 545 per unit $13,625 per unit 5 Apartments $ 364 per unit $ 9,125 per unit 6 Commercial/ $2,479 Industrial per acre $86,975 per acre 7 Religiou~ $1,800 Property per acre $45,000 per acre · Taxes may exceed these levels if the base maximum tax alternative is used ($0.07 per square foot of lot space). This would only apply to classe~ 1 - 3 if the 1ct size is larger than usual for ~hat category of land use. The base maximum tax will be applied if the lot is larger than 7,381 square feet in Class 1, larger ~han 7,100 square feet in Class 2, or larger than 5,675 square feet in Class 3. Page 4 D, Method of ~mortionmant o~ the ~_pecial--~a~ to Dev_elope~ Property and Undev....el~o__m_e~ ProDer~y. ~ 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 the annual cost of services, administrative expenses and construction expenses to be paid from Special Tax proceeds. The Board shall levy the Special Tax as follow~ until the amount of the levy equals the amount to be collected: rsD~_ The Special Tax shall be levied on Developed Property and Undeveloped Property (other than those excluded in Section E below) in equal percentages up to the following rates: (1) for Developed Property, 87% of the applicable rate for each class fo~ ~uch Fiscal Year, determined by reference to Table 1, and (2) for Undeveloped Property, $503 per acre; Second: If additional monies are needed after the first step ha~ been completed, the Special Tax ~hall be levied proportionately on each parcel of Undeveloped Property (excluding exempt property as outlined in Section E below) up to $3,400 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 (excluding exempt property as outlined in Section E below) ~ha11 be increased in equal percentages above the rates levied pursuant to the first steps above, up to the following rate~: (1) for Developed Property, up to 100% of the applicable ra~e for each olass for such Fiscal Year, determined by reference to Table 1, and (2) for Undeveloped Property, up to $3,400 per acre; Fourth: If additional monies are needed after =he first three steps have been completed, then the leVy of the Special Tax on each Assessor's Parcel of Developed Property (excluding exempt property as outlined in Zection E below) whose maximum Special Tax is determined through the appllcatlon of the Base Maximum Special Tax ~hall be increased up to the Maximum Special Tax for each such Assessor's Parcel by increasing the applicable rate for each clam~ for such Fiscal Year determined by reference to Table 1 in equal percentages above the rates levied pursuant to step three above. Page 5 Z. Limitations. The Board shall not impose any Special Tax on any acres of land owned, conveyed or irrevocably offered for dedication to a public agency, on proper~y owned by a homeowner's association or on land which i~ a public right of way or which is an unmanned utility easement making impracti¢~l its utilization for other than the purpose ~et forth in the easement. F. ~a~ar of Oollac~ion The special taxe~ for CFD 1989-2 will be collected in the same manner and at the same time as ordinary ad valorem property taxes, and the mpecial ta~ will be subject to the ~ame penalties and procedures, sale, and lien priority in case of delinquency as is provided for ad valorem taxes.