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CC Resolution 11474RESOLUTION NO. i i a~n RESOLUTION OF FORMATION OF COMMUNITY FACILITIES DISTRICT WHEREAS, this Council adopted a resolution entitled "Resolution of Intention to Establish Community Facilities District" (the "Resolution of Intention"), stating its intention to form "City of Campbell Community Facilities District No. 1" (the "CFD") pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the "Act"); WHEREAS, the Resolution of Intention, incorporating a map of the proposed boundaries of the CFD and stating the services to be provided and the rate and method of apportionment of the special tax to be levied within the CFD to pay for the services, is on file with the City Clerk and the provisions thereof are incorporated herein by this reference as if fully set forth herein, except as amended by this resolution; WHEREAS, on this date, this Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed formation of the CFD; WHEREAS, at the hearing all interested persons desiring to be heard on all matters pertaining to the formation of the CFD, the services to be provided therein and the levy of such special tax according to the rate and method of apportionment were heard and a full and fair hearing was held; WHEREAS, at the hearing evidence was presented to this Council on such matters before it, including a special report (the "Report") as to the services to be provided through the CFD and the costs thereof, a copy of which is on file with the City Clerk, and this Council at the conclusion of said hearing is fully advised in the premises; and WHEREAS, written protests with respect to the formation of the CFD, the furnishing of specified types of services and the amended rate and method of apportionment of the special taxes have not been filed with the City Clerk by 50% or more of the registered voters residing within the territory of the CFD or property owners of one-half or more of the area of land within the CFD and not exempt from the proposed special taxes. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell as follows: 1. Recitals Correct. The foregoing recitals are true and correct. 2. No Majority Protest. The proposed CFD and the proposed special tax to be levied within the CFD have not been precluded by majority protest pursuant to section 53324 of the Act. 3. Prior Proceedings Valid. All prior proceedings taken by this City Council in connection with the establishment of the CFD 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. Name of the CFD. The community facilities district designated "City of Campbell Community Facilities District No. 1" of the City is hereby established pursuant to the Act. 5. Boundaries of CFD. The boundaries of the CFD, as set forth in the map of the CFD heretofore recorded in the Santa Clara County Recorder's Office on October 4, 2012, in Book 48 of Maps of Assessment and Community Facilities Districts at Page 28, as document number 21888088,are hereby approved, are incorporated herein by reference and shall be the boundaries of the CFD. 6. Description of Services. The type of public services proposed to be financed by the CFD and pursuant to the Act shall consist of those items shown in Exhibit A hereto and by this reference incorporated herein (the "Services"). Special Tax. a. Except to the extent that funds are otherwise available to the CFD to pay for the Services, a special tax (the "Special Tax') sufficient to pay the costs thereof, secured by the recordation of a continuing lien against all non-exempt real property in the CFD, is intended to be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as may be prescribed by this Council. b. The proposed rate and method of apportionment of the Special Tax among the parcels of real property within the CFD, in sufficient detail to allow each landowner within the proposed CFD to estimate the maximum amount such owner will have to pay, are shown in Exhibit B attached hereto and hereby incorporated herein. 8. Increased Demands. It is hereby found and determined that the Services are necessary to meet increased demands placed upon local agencies, including the City, as the result of the expected annexation of territory into the City. The Services are in addition to those provided by the City in the territory of the CFD (including territory expected to be annexed to the CFD in the future according to procedures established by the Act) as of the date hereof and will not supplant services already available from the City within the territory of the CFD (including territory expected to be annexed to the CFD in the future according to procedures established by the Act) as of the date hereof. 9. Responsible Official. The Finance Director (or his designee) of the City of Campbell, City Hall, 70 North First Street, Campbell, CA 95008, telephone number 408-866-2111, is the officer of the City who will be responsible for preparing annually a current roll of the levy of the Special Tax obligations by assessor's parcel number and who will be responsible for estimating future levies of the Special Tax. 10. Tax Lien. 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 CFD 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 Special Tax by the City ceases. 11. Appropriations Limit. In accordance with the Act, the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the CFD is hereby preliminarily established at $450,000 and such appropriations limit shall be submitted to the voters of the CFD as hereafter provided. The proposition establishing such annual appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions of the Act and the Constitution. 12. Election. 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 shall be submitted to the qualified electors of the CFD at an election the time, place and conditions of which election shall be as specified by a separate resolution of this Council. The City Manager of the City is authorized to execute a ballot on behalf of the City. 13. Effective Date. This resolution shall take effect upon its adoption. PASSED AND ADOPTED this stn day of November , 2012 by the following roll call vote: AYES Councilmembers: Cristina, Waterman, esker, Low, xotowski NOES Councilmembers: None ABSENT : Councilmembers: None ABSTAIN: Councilmembers: ATTE ~d-~ ~ %~ nne Bybee, City Clerk Michael F. Kotowski, Mayor EXHIBIT A CITY OF CAMPBELL Community Facilities District No DESCRIPTION OF SERVICES The City of Campbell Community Facilities District No. 1 will levy a Special Tax for the purposes of providing funding for the following services ("services" shall have the meaning given that term in the Mello-Roos Community Facilities Act of 1982). The services include all related administrative costs, expenses and related reserves for replacement of vehicles, equipment and facilities: Fire Services -suppression and prevention, rescue services and equipment, land and buildings, cost of personnel and professional contract services and services related thereto. Law Enforcement -public protection and equipment, land and buildings, cost of personnel and professional contract services and services related thereto. Flood and Storm Protection -operation and maintenance of storm drainage systems, cost of personnel and professional contract services and services related thereto. Street Maintenance -periodic maintenance and service of streets within the District, including street sweeping, cost of personnel and professional contract services and services related thereto. Recreation Programs -recreation program services, operation and maintenance of museums and other cultural facilities, cost of personnel and professional contract services and services related thereto. Exhibit A Page 1 EXHIBIT B CITY OF CAMPBELL Community Facilities District No. 1 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX Exhibit B Page 1 CITY OF CAMPBELL COMMUNITY FACILITIES DISTRICT NO. 1 A Special Tax shall be levied and collected in City of Campbell Community Facilities District No. 1 (the "District") each Fiscal Year, in an amount determined by the application of the procedures described below. All of the real property in the District, unless exempted by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. I. DEFINITIONS The terms used herein shall have the following meanings: "Acreage" or "Acre" means that acreage shown on the Assessor's Parcel Map or in the Assessor's Data for each Assessor's Parcel. In the event that the Assessor's Parcel Map or Assessor's Data shows no acreage, the Acreage for any Assessor's Parcel shall be determined by the District Administrator based upon the applicable condominium plan, final map or parcel map. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Act of the State of California. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of the District: the costs of computing the Annual Special Tax Requirement and the annual Special Tax and of preparing the annual Special Tax collection schedules; the costs of collecting the Special Taxes; the costs of the City or designee in complying with the disclosure requirements of applicable federal and state securities laws and the California Government Code (including the Act), including public inquiries regarding the Special Taxes; the costs of the City or designee related to an appeal of the Special Tax; the costs of commencing and pursuing to completion any foreclosure action arising from delinquent Special Taxes in the District; the costs of the City (including its legal counsel) related to the administration of any letter of credit or other security provided for the payment of Special Taxes, and any fees or expenses related to any such letters of credit. Administrative Expenses shall also include amounts advanced by the City for any administrative purposes of the District and an allocable share of the salaries and an allocable portion of City overhead costs relating to the foregoing. "Annual Services Costs" means the amounts required to fund services listed on Exhibit A. "Annual Special Tax Requirement" means (A) that amount with respect to the District determined by the Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) any amount required to replenish any reserve fund established in connection with the District, (4) reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year, and (B) less available funds. "Assessor's Data" means Acreage or other Parcel information contained in the records of the County Assessor. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's Parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel number. "City" means the City of Campbell, County of Santa Clara. "Council" means the City Council of the City, acting as the legislative body of the District. "County" means the County of Santa Clara, California. "Developed Property" means, for each Fiscal Year, all Taxable Property, for which a building permit was issued prior to the June 1 preceding the Fiscal Year for which the Special Tax is being levied. CFD No. 1 Page 1 9/28/2012 CITY OF CAMPBELL COMMUNITY FACILITIES DISTRICT NO. 1 "District" means the City of Campbell Community Facilities District No. 1 "District Administrator" means an official of the City, or designee or agent or consultant, responsible for determining the Annual Special Tax Requirement and providing for the levy and collection of Special Taxes each Fiscal Year. "Exempt Property" means all property located within the boundaries of the District which is exempt from the Special Tax pursuant to Section V below. "Finance Director" means the official of the City who is the chief financial officer or other comparable officer of the City or designee thereof. "Fiscal Year" means the period from July 1s' of any calendar year through June 30~" of the following calendar year. "Maximum Special Tax Rate" means the maximum Special Tax authorized for levy in any Fiscal Year that may apply to Taxable Property as described in Section III. "Non-Residential Property" means all property other than Single Family Detached Property or Public Property. "Parcel" means a lot or parcel with a parcel number assigned by the assessor of the County. "Proportionately" means that the ratio of the actual Special Tax levied in any Fiscal Year to the Maximum Special Tax Rate authorized to be levied in that Fiscal Year is equal for all Assessor's Parcels. "Public Property" means property within the boundaries of the District owned by, irrevocably offered or dedicated to, or for which an easement for purposes of public or private road right-of-way has been granted to the federal government, the State of California, the County, the City, or any local government or other public agency. "Single Family Detached Property" means all parcels of Developed Property with a single residential structure on a single parcel where the dwelling unit does not share a common wall with another unit. "Special Tax" means the amount levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Annual Special Tax Requirement. "Taxable Property" means all property located within the boundaries of the District which is not exempt from the Special Tax pursuant to Section V below. "Unit" means, for Single Family Detached Property, an individual single family residential unit.. II. DETERMINATION OF TAXABLE PARCELS On Julv 1 of each Fiscal Year, the District Administrator shall determine the valid Assessor's Parcel Numbers for the current Fiscal Year for all property within the District. If any Parcel numbers are no longer valid from the previous Fiscal Year, the District Administrator shall determine the new Parcel number or numbers that are in effect for the current Fiscal Year. To the extent a Parcel or Parcels are subdivided, consolidated or otherwise reconfigured, the Special Tax rates shall be assigned to the new Assessor's Parcels pursuant to Section III. CFD No. 1 Page 2 9/28/2012 CITY OF CAMPBELL COMMUNITY FACILITIES DISTRICT NO.1 III. ANNUAL SPECIAL TAX - METHOD OF APPORTIONMENT All property shall be subject to a Special Tax defined as follows, except as provided in Section V. The Special Tax shall be levied each Fiscal Year by the District Administrator. The Annual Special Tax Requirement shall be apportioned to each parcel within the District by the method shown below. First. Determine the Annual Special Tax Requirement. Second. Levy the Special Tax on each Parcel of Taxable Property Proportionately, up to the Maximum Special Tax Rate described in Table 1 to satisfy the Annual Special Tax Requirement. TABLE 1 MAXIMUM SPECIAL TAX RATES Prooertv Tvoe Rate Per Single Family Detached Property $325.00 Unit Non-Residential Property 600.00 Parcel The above rates shown in Table 1 are effective for the 2013/14 Fiscal Year and shall not increase. IV. FORMULA FOR PREPAYMENT OF SPECIAL TAX OBLIGATIONS The Special Tax may not be prepaid. V. EXEMPTIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Taxes shall be levied on Public Property, except as otherwise provided in this Section. Any property acquired by a public entity for non-public use development shall be subject to the Special Tax. Until such time as another Parcel is annexed to the District, Assessor's Parcel No. 412-28-049 shall be considered Taxable Property. Upon annexation of another Parcel to the District, Assessor's Parcel No. 412-28-049 will no longer be subject to the Special Tax. The City expects to add additional properties to the District as a result of annexation proceedings. VI. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT The Council reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning the Maximum Special Tax Rates. In addition, the interpretation and application of any section of this document shall be at the Council's discretion. VII. MANNER AND DURATION OF SPECIAL TAX The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of the District, and may collect delinquent Special Taxes through foreclosure or other available methods. A Special Tax shall continue to be levied and collected within the District to fund the Annual Special Tax Requirement for a forty year term, beginning with the 2013/14 Fiscal Year through and including the 2052/53 Fiscal Year. CFD No. 1 Page 3 9/28/2012 CITY OF CAMPBELL COMMUNITY FACILITIES DISTRICT NO.1 EXHIBIT "A" The City of Campbell Community Facilities District No. 1 will levy an Annual Special Tax for the purposes of providing funding for the following services. The services include all related administrative costs, expenses and related reserves for replacement of vehicles, equipment and facilities: Fire Services - suppression and prevention, rescue services and equipment, land and buildings, cost of personnel and professional contract services and services related thereto. Law Enforcement -public protection and equipment, land and buildings, cost of personnel and professional contract services and services related thereto. Flood and Storm Protection -operation and maintenance of storm drainage systems, cost of personnel and professional contract services and services related thereto. Street Maintenance -periodic maintenance and service of streets within the District, including street sweeping, cost of personnel and professional contract services and services related thereto. Recreation Programs -recreation program services, operation and maintenance of museums and other cultural facilities, cost of personnel and professional contract services and services related thereto. CFD No. 1 Page 4 9/28/2012