HomeMy WebLinkAbout00-235 - Resolutions RESOLUTION NO. 00-235
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, FORMING AND ESTABLISHING
COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH
ETIWANDA) AND AUTHORIZING SUBMITTAL OF LEVY OF
SPECIAL TAXES TO THE QUALIFIED ELECTORS
WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA,
CALIFORNIA(the"City Council'), has previously declared its intention and ordered the preparation
of a Community Facilities District Report relating to the initiation of proceedings to create a
Community Facilities District 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 shall hereinafter be referred to as
COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) (the "District'); and,
WHEREAS, notice of a public hearing relating to the establishment of the District,the
extent of the District, the financing of the acquisition of certain public facilities and the provision of
certain public services and all other related matters has been given, and a Community Facilities
District Report, as ordered by this City Council, has been presented to this City Council and has
been made a part of the record of the hearing on the Resolution of Intention to establish such
District; and,
WHEREAS, all communications relating to the establishment of the District, the
proposed public facilities and public services and the proposed rate and method of apportionment of
special tax have been presented, and it has further been determined that a majority protest as
defined by law has not been received against these proceedings; and,
WHEREAS, inasmuch as there have been less than twelve (12) registered voters
residing within the territoryof the District for at least the preceding ninety(90)days,the authorization
to levy special taxes within the District shall be submitted to the landowners of the District, such
landowners being the qualified electors as authorized by law.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1: Recitals. The above recitals are all true and correct.
SECTION 2: Determinations. It is hereby determined by this City Council
that:
A. All prior proceedings pertaining to the formation of
the District were valid and taken in conformitywith
the requirements of the law, and specifically the
provisions of the Act, and that this finding and
determination is made pursuant to the provisions
of Government Code Section 53325.1.
Resolution No. 00-235
Page 2 of 17
B. No written protests to the formation of the District
or the levy of the special taxes have been
received and, therefore, the special taxes
proposed to be levied within the District have not
been precluded by majority protest pursuant to
Section 53324 of the Government Code of the
State of California.
C. The District as proposed conforms with the City's
goals and policies regarding the establishment of
community facilities districts.
D. Less than twelve (12) registered voters have
resided within the territory of the District for each
of the ninety (90) days preceding the close of the
public hearing, therefore, pursuant to the Act the
qualified electors of the District shall be the
landowners of the District as such term is defined
in Government Code Section 53317(f) and each
landowner who is the owner of record as of the
close of the public hearing, or the authorized
representative thereof, shall have one vote for
each acre or portion of an acre of land that she or
he owns within the District.
E. The time limit specified by the Act for conducting
an election to submit the levy of the special taxes
to the qualified electors of the District and the
requirements for impartial analysis and ballot
arguments have been waived with the unanimous
consent of the qualified electors of the District.
F. The City Clerk, acting as the election official, has
consented to conducting any required election on
a date which is less than 125 days following the
adoption of any resolution forming and
establishing the District.
G. The Board of Directors of the Cucamonga County
Water District ("CCWD") and this City Council
have each approved a joint community facilities
agreement pursuant to the provisions of the Act
pertaining to the acquisition of certain water and
sewer improvements to be owned, operated and
maintained by CCWD.
Resolution No. 00-235
Page 3 of 17
SECTION 3: Community Facilities District Report. The Community
Facilities District Reportfor the District(the"Report'), as now
submitted by Willdan/MuniFinancial, Special Tax Consultant,
shall stand as the report as required pursuant to Government
Code Section 53321.5 for all future proceedings and all terms
and contents are approved as set forth therein.
SECTION 4: Name of District. The City Council does hereby establish
and declare the formation of the District known and
designated as "COMMUNITY FACILITIES DISTRICT NO.
2000-01 (SOUTH ETIWANDA)."
SECTION 5: Boundaries of District.The boundaries and parcels of land
for which the public facilities are to be provided and on which
special taxes will be levied in order to pay the costs and
expenses to provide the authorized public services and to
acquire the authorized public facilities are generally described
as follows:
All property within the boundaries of COMMUNITY
FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA),
as shown on a boundary map as previously approved by this
legislative body, such map designated by the name of this
District, a copy of which is on file in the Office of the City
Clerk. The boundary map of the proposed District has been
filed pursuant to Sections 3111 and 3113 of the Streets and
Highways Code of the State of California in the Office of the
County Recorder of the County of San Bernardino, at Page
73 of Book 56/57 of the Book of Maps of Assessment and
Community Facilities Districts for such County.
SECTION 6: Description of Facilities and Services. A general
description of the public facilities which are to be financed
under these proceedings, are generally described in Exhibit
"A"attached hereto and incorporated herein by this reference.
The facilities are facilities which the City Council is authorized
by law to contribute revenue to or to construct, own or
operate. It is hereby further determined that the proposed
facilities and services are necessary to meet increased
demands and needs placed upon the City and CCWD as a
result of proposed development within the District, and the
costs and expenses charged to this District represent the fair
share costs of the facilities and services attributable to this
District.
Resolution No. 00-235
Page 4 of 17
For a full and complete description of such facilities and
services, reference is made to the Community Facilities
District Report, a copy of which is on file in the Office of the
City Clerk. In addition to financing the authorized facilities and
services, the financing of those incidental expenses
described in the Community Facilities District Report are also
approved and authorized.
SECTION 7: Special Tax. Except where funds are
otherwise available a special tax, secured by recordation of a
continuing lien against all non-exempt real property in the
proposed District, is hereby authorized, subject to voter
approval, to be levied within the boundaries of such District.
For particulars as to the rate and method of apportionment of
the proposed special tax, reference is made to the attached
and incorporated Exhibit "B" (the "Special Tax Formula"),
which sets forth in sufficient detail the method of
apportionment to allow each landowner or resident within the
proposed District to estimate the maximum amount that such
person will have to pay. Such special tax shall be utilized to
pay directly for the facilities and services, to pay debt service
on authorized bonds to assist in financing the acquisition of
such facilities, to replenish any reserve fund established for
such bonds, and to pay the costs of administering the bonds
and the District.
The special taxes herein authorized, to the extent possible,
shall be collected in the same manneras ad valorem property
taxes and shall be subject to the same penalties, procedure,
sale and lien priority in any case of delinquency as applicable
for ad valorem taxes; provided, however, the District may
utilize a direct billing procedure for any special taxes that
cannot be collected on the County tax roll or may, by
resolution, elect to collect the special taxes at a different time
or in a different manner if necessary to meet its financial
obligations.
Under no circumstances will the special tax to be levied
against any parcel used for private residential purposes be
increased as a consequence of delinquency or default by the
owner of any other parcel or parcels within the District by
more than 10 percent.
This legislative body further authorizes that special taxes may
be prepaid and satisfied by payment of the prepayment
amount calculated pursuant to the Special Tax Formula.
Upon recordation of a Notice of Special Tax Lien pursuant to
Section 3114.5 of the Streets and Highways Code of the
State of California, a continuing lien to secure each levy of
the special tax shall attach to all non-exempt real property in
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Page 5 of 17
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 legislative body ceases.
SECTION 8: Preparation of Annual Tax Roll. The name, address and
telephone number of the office, department or bureau which
will be responsible for preparing annually a current roll of
special tax levy obligations by Assessor's parcel number and
which shall be responsible for estimating future special tax
levies pursuant to Section 53340.1 of the Government Code
of the State of California, are as follows:
GIS/Special Districts Supervisor
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga,CA 91729
(909)477-2700,Ext 2567
SECTION 9: Substitution Facilities. The description of the public
facilities,as set forth above, is general in its nature. The final
nature and location of such facilities will be determined upon
the preparation of final plans and specifications therefor.
Such final plans may show substitutes in lieu of, or
modification to, the facilities described in Exhibit"A"and any
such substitution shall not be a change or modification in the
proceedings as long as the facilities serve a function
substantially similar to the facilities described in Exhibit"A".
SECTION 10: Election. This City Council herewith submits the levy of the
special tax to the qualified electors of the District, such
electors being the landowners in the District, with each
landowner having one (1) voter for each acre or portion
thereof of land which he or she owns within the District.
This legislative body hereby further directs that the ballot
proposition relating to the levy of the special tax be combined
and consolidated with the proposition relating to the incurring
of a bonded indebtedness. This Resolution shall not
constitute the notice of the election, and the Resolution
declaring the necessity to incur the bonded indebtedness
shall constitute the notice of the election relating to the
combined proposition on the authorization to incur a bonded
indebtedness and authorization for the special tax levy and
the proposition to establish an appropriations limit for the
District.
Resolution No. 00-235
Page 6 of 17
PASSED, APPROVED, AND ADOPTED this 151 day of November 2000.
AYES: Alexander, Biane, Curatalo, Dutton, Williams
NOES: None
ABSENT: None
ABSTAINED: None
William J. Alexa er, Mayor
ATTEST:
Debra J. Adams, C, City Clerk
I, DEBRA J.ADAMS,CITY CLERK of the City of Rancho Cucamonga, California,do
hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City
Council of the City of Rancho Cucamonga, California,at a Regular Meeting of said City Council held
on the 15' day of November 2000.
Executed this 2nd day of November, at Rancho Cucamonga, California.
s2i d4=!��Zqd
Debra J. Adams, C ity Clerk
Resolution No. 00-235
Page 7 of 17
Exhibit "A"
Description of Public Facilities
The types of public facilities proposed to be financed by the District shall include:
Such street, sewer, water, storm drain, landscaping and park
improvements within or serving or required as a condition of
development of the District as are permitted to be financed by
the District by the goals and policies of the City of Rancho
Cucamonga regarding the use of the Mello-Roos Community
Facilities Act of 1982.
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RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2000-01 (South Etiwanda)
CITY OF RANCHO CUCAMONGA
A Special Tax shall be applicable to each Parcel of Taxable Property located within the
boundaries of Community Facilities District No. 2000-01 ("CFD"). The amount of Special
Tax to be levied each Fiscal Year, commencing in Fiscal Year 2001-2002 on a Parcel shall
be determined by the City Council of the City of Rancho Cucamonga, acting in its capacity
as the legislative body of the CFD by applying the appropriate Special Tax for"Developed
Property' and "Undeveloped Property" as set forth in Sections B, C, and D below. All of
the real property within the CFD, unless exempted by law or by the provisions hereof in
Section E., 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:
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being
Chapter 2.5, Part 1 of Division 2 of Title 5 of the California Government Code of the
State of California.
"Administrative Expenses" means all actual or reasonably estimated costs and
expenses of the City to carry out its duties as the administrator of the CFD as allowed
by the Act, which shall include without limitation, all costs and expenses arising out of
or resulting from the annual levy and collection of the Special Tax, any litigation
involving the CFD, continuing disclosure undertakings of the City as imposed by
applicable laws and regulations, communication with bondholders and administrative
expenses.
"Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and providing for the levy and collection of
the Special Taxes.
"Assessor's Parcel Map" means an official map of the Assessor of the County of San
Bernardino designating parcels by Assessor's Parcel number.
"Assigned Special Tax" means the Special Tax for each Land Use Category of
Developed Property, as determined in accordance with Section CA.a. below.
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"Assigned Special Tax Revenue" means the sum of the Assigned Special Tax for all
Developed Property projected at buildout of the CFD, as determined in accordance with
Section C, Table 1.
"Backup Special Tax" means the Special Tax amount set forth in Section CA.b.
below.
"Backup Special Tax Revenue" means the sum of the Backup Special Tax for all
Developed Property projected at buildout of the CFD, as determined in accordance with
Section C below.
"Bonds" means any bonds or other indebtedness (as defined in the Act) issued by the
CFD and secured by the levy of Special Taxes.
"Bond Share" means the share of Bonds assigned to a Payoff Parcel as specified in
Section G below.
"CFD" means Community Facilities District No. 2000-01 (South Etiwanda) of the City
established pursuant to the Act.
"City" means the City of Rancho Cucamonga, California.
"Debt Service" means for each calendar year, the total scheduled amount of
principal
and interest payable on any Outstanding Bonds during the calendar year commencing
on January 1 of such Fiscal Year.
"Developed Property" means all Parcels of Taxable Property for which a building
permit has been issued prior to March 1" preceding the Fiscal Year for which the
Special Tax is being levied.
"Exempt Property" means any Parcel or portion of a Parcel, which is exempt from
Special Taxes pursuant to Section E. below.
Map" means the subdivision of property resulting from the recordation of a final map, parcel map, or
lot line adjustment, pursuant to the Subdivision Map Act (California Government Code
Section 66410 et seq.) orthe recordation of a condominium plan pursuant to California
Civil Code 1352 that creates individual lots for which building permits may be issued
without further subdivision.
"Fiscal Year" means the period starting on 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 are issued, as modified, amended and/or
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supplemented from time to time, and any instrument replacing or supplementing the
same.
"Land Use Category" means any of the categories listed in Table 1.
"Maximum Annual Special Tax" means the maximum Special Tax, determined in accordance
with Section C, which can be levied in any Fiscal Year on any Parcel of
Taxable Property.
"Net Taxable Acre" means the acreage of a Parcel of Taxable Property as indicated
on the most recent Assessor's Parcel Map, or if the land area is not shown on the
Assessor's Parcel Map, the land area shown on the applicable Final Map, or other
recorded City parcel map.
"Non-Residential Property" means all Parcels of Developed Property for which a
building permit was issued for any type of non-residential use.
"Outstanding Bonds" means the total principal amount of Bonds that have been
issued and not retired or defeased.
"Parcel(s)" means a lot or parcel shown on an Assessor's Parcel Map with an
assigned parcel number as of January 1 preceding the Fiscal Year for which the
Special Tax is being levied.
"Parcel's Allocated Share" means the amount calculated in Step 2 of Section G.
"Payoff Parcel" means any Parcel of Taxable Property for which a prepayment of the
Special Tax Obligation is being calculated pursuant to Section G.
"Property Owner's Association Property" means any property within the boundary
of the CFD which, as of January 1 of the preceding Fiscal Year for which the Special
Tax is being levied, has been conveyed, dedicated to, or irrevocably dedicated to a
property owner association, including any master or sub-association.
erty" means any Parcel within the boundary of the CFD which, as of January 1 of the preceding
Fiscal Year for which the Special Tax is being levied, is used for rights-of-way or any
other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the
federal government, the State of California, the county, City, or any other local
jurisdiction, provided, however, that any property leased by a public agency to a private
entity and subject to taxation under Section 53340.1 of the Act shall be taxed and
classified according to its use.
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"Proportionately" means for Developed Property that the ratio of the actual Special
Tax levy to the Assigned Special Tax is the same for all Parcels of Developed Property.
For Undeveloped Property, Public Property and/or Property Owners Association
Property that is not Exempt Property pursuant to Section E., "Proportionately" means
that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per
acre is the same for all such Parcels.
"Reserve Fund" means the total amount held in any bond reserve fund established
pursuant to the provisions of the Indenture for the Outstanding Bonds of the CFD.
"Reserve Fund Share" is equal to the lesser of the Reserve Requirement or existing monies in
the Reserve Fund, if any, for the Outstanding Bonds multiplied by the
Parcel's Allocated Share.
"Reserve Requirement" shall have the meaning given such term in the Indenture.
"Residential Floor Area" means all of the square footage of living area of a residential
structure, not including any carport, walkway, garage, overhang, patio, enclosed patio
or similar area, on a Parcel. The determination of Residential Floor Area shall be made
by reference to the building permit(s) for the Parcel.
"Residential Property" means all Parcels of Developed Property for which a building
permit has been issued for purposes of constructing one or more residential dwelling
units.
"Special Tax(es)" means the special tax to be levied in each Fiscal Year on each
Parcel of Taxable Property to fund the Special Tax Requirement.
"Special Tax Obligation" means the total obligation of a Parcel of Taxable
Property to pay the Special Tax for the remaining life of the CFD.
"Special Tax Requirement" means that amount required in any Fiscal Year by the
CFD to pay: (i) Debt Service on all Outstanding Bonds; (ii) periodic costs on the Bonds,
including but not limited to, credit enhancement and rebate payments on the Bonds; (iii)
Administrative Expenses; and (iv) any amounts required to establish or replenish any
Reserve Fund to the Reserve Requirement for the Outstanding Bonds; less (v) a credit
for funds available to reduce the annual Special Tax levy as determined pursuant to the
Indenture.
"Taxable Property" means all Parcels in the CFD, which are not exempt from the
Special Tax pursuant to law or Section E below.
"Undeveloped Property" means all Parcels of Taxable Property not classified as
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Developed Property, Public Property and/or Property Owner's Association Property that
are not Exempt Property pursuant to the provisions of Section E.
B. ASSIGNMENT TO LAND USE CATEGORY
Each Fiscal Year, commencing with the 2001-2002 Fiscal Year, all Parcels of Taxable Property
within the CFD shall be classified as either Developed Property,
Undeveloped Property, Public Property and/or Property Owner's Association
Property that are not Exempt Property pursuant to the provisions in Section
E., and shall be subject to the levy of Special Taxes in accordance with this
Rate and Method of Apportionment as determined pursuant to Sections C.,
D., and E. below. Parcels of Developed Property shall further be classified
as Residential Property or Non-Residential Property. A Parcel of Residential
Property shall further be classified to its appropriate Land Use Category
based on the Residential Floor Area of such Parcel.
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C. MAXIMUM SPECIAL TAX RATE
1. Developed Property
The Maximum Special Tax for each Parcel classified as Developed Property shall be the
greater of (i) the applicable Assigned Special Tax set forth in
Table 1 below or (ii) the amount derived by application of the
Backup Special Tax.
a. Assigned Special Tax
The Assigned Special Tax for each Parcel of Developed Property is shown in
Table 1 below.
TABLE 1
Assigned Special Taxes for Developed Property
Community Facilities District No. 2000-01
Assigned
Taxable Special Tax
Land Use Category Unit Residential Floor Area Per
Taxable
Unit
1 - Residential Property D/U 2,301 sq. ft. or greater $500
2 - Residential Property D/U 1,801 sq. ft. to 2,300 sq. $ 475
ft.
3 - Residential Property D/U 1,800 sq. ft. or less $425
4 - Non - Residential Property Acre N/A $3,700
b. Backup Special Tax
When a Final Map is recorded the Backup Special Tax for the Parcels of
Taxable Property within such Final Map area shall be determined by
multiplying $3,700 by the total Net Taxable Acreage in such Final Map and
dividing such amount by the number of Parcels of Taxable Property (i.e., the
number of residential lots) within such Final Map.
If a Final Map within the CFD includes Parcels of Taxable Property for which
building permits for both residential and non-residential construction may be
issued, then the Backup Special Tax for each Parcel of Residential Property
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within the CFD shall be computed by the Administrator exclusive of the
allocable portion of total Net Taxable Acreage attributable to Parcels of
Taxable Property for which building permits for non- residential construction
may be issued.
2. Undeveloped Property
The Maximum Special Tax for each Parcel of Undeveloped Property shall be $3,700 per
Net Taxable Acre.
3. Public Property and/or Property Owners Association Property that is not
Exempt Property pursuant to the provisions of Section E.
The Maximum Special Tax for each Parcel of Public Property and/or Property Owners
Association Property that is not Exempt Property pursuant to
the provisions of Section E., shall be $3,700 per Net Taxable
Acre.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2001-2002 and for each following Fiscal Year, the City
Council shall determine the Special Tax Requirement and shall levy the Special Tax on
all Taxable Property in the CFD until the amount of Special Taxes equals the Special
Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on each Parcel of Developed
Property at up to 100% of the applicable Assigned Special Tax to satisfy the Special
Tax Requirement;
Second: If additional monies are needed to satisfy the Special Tax Requirement after
the first step has been completed, the Special Tax shall be levied Proportionately on
each Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for
Undeveloped Property;
Third: If additional moneys are needed to satisfy the Special Tax Requirement after the
first two steps have been completed, the Special Tax to be levied on each Parcel of
Developed Property whose Maximum Special Tax is derived by the application of the
Backup Special Tax shall be increased Proportionately from the Assigned Special Tax
up to the Maximum Special Tax for each such Parcel;
Fourth: If additional monies are needed to satisfy the Special Tax Requirement after
the first three steps have been completed, the Special Tax shall be levied
Proportionately on each Parcel of Public Property and/or Property Owner's Association
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Property that is not Exempt Property pursuant to the provisions of Section E. at up to
100% of the Maximum Special Tax.
Notwithstanding the above, under no circumstances will the Special Taxes levied against any
Parcel of Residential Property be increased by more than ten percent(10%)
per Fiscal year as a consequence of delinquency or default by the owner of
any other Parcel of Taxable Property within the CFD.
E. EXEMPTIONS
The City Council shall not levy Special Taxes on up to 26.04 Net Taxable Acres of Public Property
and Property Owner's Association Property within the CFD. Exempt
Property status will be assigned by the Administrator in the chronological
order in which property becomes Public Property and Property Owner's
Association Property.
After the limit of 26.04 Net Taxable Acres within the CFD has been reached, the
Maximum Special Tax obligation for any additional Public Property and/or Property
Owner's Association Property within the CFD shall be subject to the levy of the Special
Tax as provided for in the fourth step in Section D.
F. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as
ordinary Ad valorem property taxes and shall be subject to the same penalties, the
same procedure, sale and lien priority in the case of delinquency; provided, however,
that the City may directly bill the Special Tax, may collect Special Taxes at a different
time or in a different manner if necessary to meet its financial obligations, and may
covenant to foreclose and may actually foreclose as permitted by the Act on Parcels of
Taxable Property for which the payment of Special Taxes are delinquent.
G. PREPAYMENT OF SPECIAL TAX
Property owners may prepay and permanently satisfy the Special Tax Obligation on Developed
Property ("Special Tax Prepayment") by a cash settlement with the City as
permitted under Government Code Section 53344. Prepayment is permitted
only under the following conditions:
• The City determines that the prepayment of the Special Tax Obligation does
not jeopardize its ability to make timely payments of Debt Service on
Outstanding Bonds. No Special Tax Prepayment shall be allowed unless the
Maximum Special Tax that may be levied on all Taxable Property other than
the Parcel for which the Special Tax Obligation is being prepaid is at least
110% of the maximum annual Debt Service on the Outstanding Bonds.
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Any property owner prepaying the Special Tax Obligation must pay any and
all delinquent Special Taxes and penalties for the Payoff Parcel prior to
prepayment.
The amount of the Special Tax Prepayment shall be established by the
following steps:
Step 1:Determine the Assigned Special Tax and the Backup Special Tax for the
Payoff Parcel based on the assignment of the Maximum Special Tax
described in Section C above.
Step 2:Divide the Assigned Special Tax for the Payoff Parcel from Step 1 by the
Assigned Special Tax Revenue. Divide the Backup Special Tax for
the Payoff Parcel by the Backup Special Tax Revenue. The greater
amount calculated in this step shall be the Payoff Parcel's Allocated
Share.
Step 3:Determine the Bond Share for the Payoff Parcel by multiplying the Parcel's
Allocated Share from Step 2 by the total amount of Outstanding
Bonds issued by the CFD.
Step4:Determine the Reserve Fund Share associated with the Bond Share
determined in Step 3. The Reserve Fund Share is equal to the lesser
of the Reserve Requirement or existing monies in the Reserve Fund,
if any, for the Outstanding Bonds multiplied by the Parcel's Allocated
Share.
Step 5:Calculate the amount needed to pay interest on Bond Share from the first
Bond interest and/or principal payment date established pursuant to
the Indenture following the current Fiscal Year until the earliest
redemption date for the Bonds on which Bonds may be redeemed
from the proceeds of a Special Tax Prepayment. Subtract from this
amount, the amount of interest that is reasonably expected to be
earned from the reinvestment of the Special Tax Prepayment less
money kept by the City to cover costs from the date of the
prepayment until the first redemption date for the Bonds.
Step 6:Determine the total Special Tax Prepayment amount by subtracting the
Reserve Fund Share calculated in Step 4 from the Bond Share
calculated in Step 3, adding the interest amount calculated in Step 5
and by adding Debt Service not yet paid for the current Calendar
Yearto the date of bond redemption and all fees, call premiums, and
expenses incurred by the City in connection with the prepayment
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calculation or with the application of the proceeds of the Special Tax
Prepayment.
H. TERM OF THE SPECIAL TAX
For each year that any Bonds are outstanding the Special Tax shall be levied on all Parcels subject
to the Special Tax. If any delinquent Special Taxes remain uncollected prior
to or after all Bonds are retired, the Special Tax may be levied to the extent
necessary to reimburse the CFD for uncollected Special Taxes associated
with the levy of such Special Taxes, but not later than the 2031-32 Fiscal
Year.
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