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CC Resolution 11483RESOLUTION NO. iinas A RESOLUTION OF INTENTION TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN CITY OF CAMPBELL Community Facilities District No. 1 Annexation No. 1 RESOLVED by the City Council (the "Council") of the City of Campbell (the "City"), County of Santa Clara, State of California, that: WHEREAS, this Council has conducted proceedings to establish Community Facilities District No. 1 (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code; and WHEREAS, under the Act, this Council, as the legislative body for the CFD, is empowered with the authority to annex territory to the CFD; WHEREAS, this Council now desires to undertake proceedings to annex territory to the CFD and, although the territory is currently outside the territorial limits of the City, proceedings for annexation of the territory to the City are underway. NOW, THEREFORE, IT IS HEREBY ORDERED as follows 1. Findings. This Council hereby finds and determines that public convenience and necessity require that territory be added to the CFD. 2. Territory Described. The name of the existing CFD is "City of Campbell Community Facilities District No. 1." The territory included in the existing CFD is set forth in the map of the CFD heretofore recorded as Instrument No. 21888088 in the Santa Clara County Recorder's Office on October 4, 2012, in Book 48 at Page 28 of Maps of Assessment and Community Facilities Districts, to which map reference is hereby made. The territory now proposed to be annexed to the CFD is as shown on the Annexation Map for the captioned Annexation No. 1 to the CFD, on file with the Clerk, the boundaries of which territory are hereby preliminarily approved and to which map reference is hereby made for further particulars. The City Clerk is hereby directed to cause to be recorded such Annexation Map, showing the territory to be annexed, in the office of the County Recorder of the County of Santa Clara within fifteen days of the date of adoption of this resolution. 3. The Services. The types of public services financed by the CFD and pursuant to the Act consist of those municipal services (the "Services") as described in Exhibit A to Resolution of Formation with respect to the CFD adopted by the Council as Resolution No. 11474 on November 5, 2012 (the "Resolution of Formation"). It is presently intended that the Services will be provided only to the territory proposed to be annexed to the CFD and not to the territory currently in the CFD. 4. Special Tax. Except to the extent that funds are otherwise available to the CFD to pay for the Services, a special tax sufficient to pay the costs thereof is intended to be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes. The special tax will believed to pay for Services provided to the territory proposed to be annexed to the CFD and will be based on the actual cost of providing the Services in such territory. The existing rate and method of apportionment of special tax (the "Rate and Method") among the parcels of real property within the existing territory of the CFD, as described in Exhibit B to the Resolution of Formation, will not be altered in connection with the proposed annexation. The proposed rate and method of apportionment of the special tax among the parcels of real property within the CFD, as now in existence and following the annexation proposed herein, in sufficient detail to allow each landowner within the territory proposed to be annexed to the CFD to estimate the maximum amount such owner will have to pay, are described in the Rate and Method. The Rate and Method is attached to this Resolution as Exhibit A. 5. Hearing. Tuesday, January 15, 2013 at 7:30 p.m.or as soon as possible thereafter, in the City Hall, Council Chambers, 70 N. First Street, Campbell, California, be, and the same are hereby appointed and fixed as the time and place when and where this Council, as legislative body for the CFD, will conduct a public hearing on the matters described in this Resolution. 6. Notice. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation in the area of the CFD, including the area to be annexed to the CFD. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Such notice shall be substantially in the form specified in Section 53339.4 of the Act, with a summary form specifically authorized. 7. Effective Date. This Resolution shall take effect upon its adoption. PASSED AND ADOPTED this 4'h day of December, 2012 by the following roll call vote AYES COUnCllmemberS: Cri stina, Baker, Waterman, Low, Kotowski None NOES Councilmembers: None ABSENT: Councilmembers: ABSTAIN: Councilmembers: None APPROVED: / L ~x ' /~~ c 1 Michael F. Kotowski, Mayor ATTES A ne Bybee, City Clerk EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX CITY OF CAMPBELL COMMUNITY FACILITIES DISTRICT NO. 1 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX 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 Stale 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 15~ 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. TABLE1 MAXIMUM SPECIAL TAX RATES Property 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 At'NOrt r rOrvmtrv r 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 9/28/20'12 CITY OF CAMPBELL COMMUNITY FACILITIES DISTRICT NO. 7 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