HomeMy WebLinkAboutResolution - - 2006-077 - 2/28/2006 RESOLUTION NO. 2006 - 7_
A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO
ANNEXING TERRITORY TO COMMUNITY FACILITIES DISTRICT
NO. 2 AND AUTHORIZING THE LEVY OF A SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NO. 2
ANNEXATION NO.111
WHEREAS, on January 10, 2006, the Council of the City of Fresno adopted its
Resolution of Intention to Annex Final Map of Tract No. 5356 to the City of Fresno,
Community Facilities District No. 2 (CFD No. 2) and to authorize the levy of special taxes
(Resolution of Intention), pursuant to the Mello-Roos Community Facilities Act of 1982,
Chapter 2.5 Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California
Government Code (Act); and
WHEREAS, the Resolution of Intention, incorporating a map of the area proposed for
annexation to the CFD No. 2, and stating the Services (as hereafter defined) to be provided,
the estimated maximum cost of providing such Services, and the rate and method of
apportionment of the special tax to be levied within Annexation No.111 of CFD No. 2 to pay
for the Services with respect to Annexation No.111 of CFD No. 2, 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 this date, this Council held a noticed public hearing, as required by the
Act and the Resolution of Intention, concerning the annexation of territory to the CFD No. 2;
and
WHEREAS, at the hearing all interested persons desiring to be heard on the
annexation of territory to the CFD No. 2, the facilities and services to be provided therein, and
the levy of said special tax were heard; and
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Council Resolution No. 2006- 7 7
Annex Territory and Levy Special Tax, CFD No. 2,Annexation No. 111
WHEREAS, at the hearing evidence was presented to this Council on the proposed
annexation before it, including a report by the Public Works Director(District Report)as to the
services to be provided through the CFD No. 2 and the costs thereof, and a copy of the
District Report is on file with the City Clerk; and
WHEREAS, the City Clerk did not receive written protests respecting the proposed
annexation, the specified types of services to be furnished therein, or the rate and method
of apportionment of the special taxes therein,from at least 50 percent of the registered voters
residing within the territory proposed to be annexed, or from property owners (not exempt
from the special tax) owning at least one-half the land area proposed to be annexed to the
CFD No. 2; and
WHEREAS, the special tax proposed to be levied upon the territory, if annexed,to pay
for the proposed Services (set forth in page A-1 of Exhibit A hereto), has not been eliminated
through protest of at least 50 percent of the registered voters residing within the territory
proposed for annexation, or through protest of the landowners, not exempt from the special
tax, owning at least one-half of the land area within the proposed annexation.
NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF
FRESNO AS FOLLOWS:
1. Recitals. The foregoing recitals are true and correct.
2. No Majority Protest. The proposed special tax to be levied within the proposed
annexation has not been precluded by majority protest pursuant to Section 53339.6 of the
Act.
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Council Resolution No. 2006- 7 7
Annex Territory and Levy Special Tax, CFD No. 2,Annexation No. 111
3. Prior Proceedings. The Council duly considered all prior proceedings for the
proposed annexation, and the levy of the special tax therein, and finds and determines that
the proceedings are valid and conform with the requirements of the Act. This Council finds
and determines that the proposed annexation conforms with the goals and policies that this
Council adopted respecting the formation of CFD No. 2.
4. Boundaries Described. The boundaries of the proposed annexation, set forth
in the map of the area proposed for annexation to the CFD No. 2, recorded in the Fresno
County Recorder's Office in Book 41 at page 71 of Maps of Assessment and Community
Facilities Districts, are approved, incorporated herein by reference, and shall be the
boundaries of the CFD No. 2.
5. Services. The types of public services proposed to be financed by Annexation
No.111 of CFD No. 2 and pursuant to the Act are those listed as services on page A-1 of
Exhibit A in the report on file with the City Clerk (the "Services"). A copy of the Exhibit is
attached and by this reference incorporated herein.
6. Special Taxes. Except to the extent that funds are otherwise available to the
CFD No. 2 to pay for the Services, a special tax sufficient to pay the costs thereof, secured
by a continuing lien against all nonexempt real property in the CFD No. 2, including the
territory to be annexed,will be levied annually within the CFD No. 2, and collected in the same
manner as ordinary ad valorem property taxes or in any other manner as this Council or its
designee shall determine, including direct billing of the affected property owners. The
proposed rate and method of apportioning the special tax among the real property parcels
within the territory of the proposed annexation, in sufficient detail to allow each landowner
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Council Resolution No. 2006- 77
Annex Territory and Levy Special Tax, CFD No. 2, Annexation No. 111
within the territory of the proposed annexation to estimate the probable maximum amount
such owner must pay, are described in the report on file with the City Clerk and on attached
Exhibit B that is by this reference incorporated herein.
7. Tax Collection Authority. The Public Works Director of the City of Fresno 2600
Fresno Street, Fresno, California 93721 telephone number(559) 621-8650 is the officer who
will be responsible for preparing annually a current roll of special tax levy obligations by
assessor's parcel number and who will be responsible for estimating future special tax levies
pursuant to Section 53340.2 of the Act.
8. Tax Lien. Upon recording 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 proposed annexation area.
This lien shall continue in force and effect until the special tax obligation ceases and the lien
canceled in accordance with law or until collection of the tax by the City ceases.
9. Appropriations Limit. Following Section 53325.7 of the Act, the annual
appropriations limit, as defined by subdivision (h)of Section 8 of Article XIII B of the California
Constitution, of the proposed annexation, is hereby preliminarily established at $10,350.00
and said appropriations limit shall be submitted to the voters of the proposed annexation as
hereafter provided. The proposition establishing said annual appropriations limit shall
become effective if approved by the qualified electors voting thereon and shall be adjusted
according to the applicable provisions of Section 53325.7 of the Act.
10. Election. Pursuant to the provisions of the Act, the proposition on levying the
special tax and the proposition on establishing the appropriations limit specified above shall
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Council Resolution No. 2006- 77
Annex Territory and Levy Special Tax, CFD No. 2, Annexation No. 111
be submitted to the qualified electors of the proposed annexation at an election the time,
place and conditions of which election shall be as specified by a separate resolution of this
Council.
11. Effective Date. This Resolution shall take effect upon its adoption.
Attachments:
Exhibit A - Description of Services
Exhibit B - Rate and Method of Apportioning Special Tax
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Council Resolution No. 2006 - 77
Annex Territory and Levy Special Tax, CFD No. 2, Annexation No. 111
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing
Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting
thereof, held on the 28th day of— February 2006.
AYES: Boyajian, Calhoun, Dages, Perea, Westerlund, Duncan
NOES: None
ABSTAIN: None
ABSENT: Sterling
REBECCA E. KLISCH
City Clerk
BY:
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
BY: J
Depu y
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EXHIBIT "A"
CITY OF FRESNO
COMMUNITY FACILITIES DISTRICT NO. 2
ANNEXATION NO. 111
Description of Services to be Financed by Community Facilities District No. 2
for Annexation No. 111 (Final Tract No. 5356)
The services that are to be financed by Community Facilities District No. 2 ("CFD No.
2") in Annexation No. 111 will include all costs of maintaining the landscaped areas in
public street rights-of-way, public landscape easements, public trail areas, parkways,
and other similar landscaped areas officially dedicated for public use.
General maintenance will include, without limitation, mowing, edging, fertilizing,
seeding, aerating, and watering grass areas; repairing and replacing irrigation systems
as necessary; staking, pruning, replacing and spraying of trees and shrubs; removing
litter, debris, and garbage.
Maintenance costs will also include a proportionate share of all other expenses that the
City may incur in administering the CFD No. 2.
All of the above services shall be provided by the City of Fresno, with its own forces or
by contract with third parties, or any combination thereof, to be determined entirely by
the City of Fresno.
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EXHIBIT "A"
CITY OF FRESNO
COMMUNITY FACILITIES DISTRICT NO. 2
Description of Services currently financed by Community Facilities District No. 2
The services that are currently financed by Community Facilities District No. 2 ("CFD
No. 2:) include costs of maintaining the landscaped areas in public landscape
easements, public street rights-of-way (e.g., medians and parkways), public open
spaces, public trail areas, and other similar landscaped areas officially dedicated for
public use within those subdivisions identified on the boundary map and annexation
maps of City of Fresno Community Facilities District No. 2, on file with the City Clerk of
the City of Fresno.
Specifically, general maintenance of the above-described landscaped areas includes,
without limitation, mowing, edging, fertilizing, seeding, aerating, and watering grass
areas; repairing and replacing irrigation systems as necessary; staking, pruning,
replacing and spraying trees and shrubs; removing litter, debris, and garbage.
In addition, Services within some tracts in CFD NO. 2, include all costs of cleaning,
maintaining, repairing and/or replacing (may include reserves for replacement) certain
facilities located within public street rights-of-way, street easements, public landscape
easements, public trail areas, parkways, and other similar landscaped areas officially
dedicated for public use: entry and exit gates, decorative entry wing walls and pilasters,
decorative columns, decorative concrete pavement and tract entry and tract interior
street lighting.
Maintenance costs also include a proportionate share all other expenses that the City
incurs in administering CFD No. 2.
All of the above services shall be provided by the City of Fresno, with its own forces or
by contract with third parties, or any combination thereof, to be determined entirely by
the City of Fresno.
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EXHIBIT "B"
CITY OF FRESNO
Community Facilities District No. 2
Annexation No. 111
Cost Estimate
The estimate breaks down the costs of providing 1 year's service for FY 05-06
ITEM DESCRIPTION ESTIMATED COST
1 Maintenance $ 5,085.00
2 Annual Administrative Costs
a. Engineering 81.00
b. Legal Services 9.00
Total $ 5,175.00
Subdivision Appropriations Limit
MAX. TAX NUMBER APPORTIONS
TRACT PER EDU OF LOTS LIMIT Subdivider
5356 $ 575.00 9 $10,350.00 CAL STAR Industries
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EXHIBIT "B" 4`
City of Fresno
Community Facilities District No. 2
Annexation No. 111
Rate and Method of Apportionment of Special Tax
A special tax applicable to each Assessor's Parcel in Community Facilities District No. 2 (herein "CFD
No. 2") shall be levied and collected according to the tax liability determined by the City Council of the
City of Fresno, through the application of the appropriate amount or rate for Taxable Property, as
described below. All of the property in CFD No. 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,
including property subsequently annexed to CFD No. 2 unless a separate Rate and Method of
Apportionment of Special Tax is adopted for the annexation area.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Assessor's Parcel" or "Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an
assigned Assessor's Parcel number.
"Assessor's Parcel Map" means an official map of the County Assessor of the County of Fresno
designating parcels by Assessor's Parcel Number.
"City" means the City of Fresno.
"Council" means the City Council of the City of Fresno, acting as the legislative body of CFD No. 2.
"Developable Lot" means, within any Final Map approved in the CFD, a lot that is anticipated for
development of residential or non-residential uses, and which is not an outlot, remainder parcel or other
parcel which is not intended to be developed or which must be further subdivided before being
developed.
"Excluded Parcels" means those Assessor's Parcels identified as ineligible for inclusion in the CFD as
shown in "Attachment 1" of this Rate and Method of Apportionment of Special Tax.
"Final Map" means a final map, or portion thereof, approved by the Council pursuant to the Subdivision
Map Act (California Government Code Section 66410 et seq.) that creates individual Developable Lots
for which building permits may be issued. The term "Final Map" shall not include any Assessor's Parcel
Map or subdivision map or portion thereof, that does not create individual Developable Lots for which a
building permit may be issued, including Assessor's Parcels that are designated as remainder parcels.
"Fiscal Year" means the period starting April 1 and ending on the following March 31.
"Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C,
that can be levied in any Fiscal Year.
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EXHIBIT "B"
"Proportionately" means, in any Fiscal Year, that the ratio of the actual Special Tax to the Maximum
Special Tax is equal for all Assessor's Parcels in the CFD.
"Public Property" means any property within the boundaries of the CFD No. 2 that is owned by the
federal government, State of California or other local governments or public agencies.
"Residential Unit" means a residential dwelling unit and shall include single family homes,
condominiums, town homes, duplex, triplex and fourplex units, and individual apartment units in a multi-
family building. For purposes of the levy of Special Taxes pursuant to Section C below, "Residential
Units" shall include dwelling units already built on Taxable Property in the CFD, as well as dwelling units
planned, but not yet built, when the Special Tax is levied each Fiscal Year.
"Special Tax" means any special tax to be levied each Fiscal Year on Assessor's Parcels of Taxable
Property to fund the Special Tax Requirement as defined below.
"Special Tax Requirement" means the amount necessary in any Fiscal Year to (i) pay authorized
maintenance and improvement expenses, (ii) pay administrative expenses of CFD No. 2, and (iii) cure
any delinquencies in the payment of Special Taxes levied in prior Fiscal Years or (based on
delinquencies in the payment of Special Taxes which have already taken place) are expected to occur
in the Fiscal Year in which the tax will be collected.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 2 which are
not exempt from the Special Tax pursuant to law or Section E below.
"Tract" means an area of land within a subdivision identified by a particular tract number on a Final
Map approved for the subdivision.
B. CALCULATION OF RESIDENTIAL UNITS
On April 1 of each Fiscal Year, the City or its designee shall determine how many Residential Units are
built, or allowed to be built, on Assessor's Parcels within the CFD. For Parcels of undeveloped property
zoned for development of single family attached or multi-family units, the number of Residential Units
shall be determined by referencing the condominium plan, apartment plan, site plan or other
development plan, or by assigning the maximum allowable units permitted based on the underlying
zoning for the Parcel. Once a single family attached or multi-family building or buildings have been built
on an Assessor's Parcel, the City or its designee shall determine the actual number of Residential Units
contained within the building or buildings, and the Special Tax levied against the Parcel in the next
Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum
Special Tax per Residential Unit identified for the Tract in Section C, Table 1 below.
C. MAXIMUM SPECIAL TAX
The Maximum Special Tax applicable to each Assessor's Parcel in CFD No. 2 shall be specific to each
Tract within the CFD. When additional property is annexed into CFD No. 2, the rate and method
adopted for the annexed property shall reflect the Maximum Special Tax for the Tract or Tracts then
annexed. The Maximum Special Tax for Fiscal Year 2005-2006 for a Residential Unit within Tract 5356
is identified in Table 1 below:
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EXHIBIT "B"
Table 1 '
Maximum Special Tax
(Fiscal Year 2005-2006)*
Tract Number** Maximum Special Tax
5356 $ 575.00 per Residential Unit
* Beginning in January 2006 the Maximum Special Tax shall be adjusted upward
annually by 3 percent plus any increase in the construction cost index for the San
Francisco Region for the prior 12-month period as published in the Engineering News
Record, or published in a comparable index if the Engineering News Record is
discontinued or otherwise not available. Each annual adjustment of the Maximum
Special Tax shall become effective on the subsequent July 1.
** A Special Tax shall be levied on all parcels within an identified Tract except
Excluded parcels as identified in Attachment 1.
D. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX
Commencing with Fiscal Year 2005-2006, the Special Tax shall be levied on all Parcels of Taxable
Property as follows:
Step 1: Determine the Special Tax Requirement (as defined in Section A above) for the
Fiscal Year in which the Special Tax will be collected;
Step 2: Calculate the total Special Tax revenues that could be collected from Taxable
Property within the CFD based on applying the Maximum Special Tax rates
determined pursuant to Section C above to the number of Residential Units on each
Parcel of Taxable Property in the CFD;
If the amount determined in Step 1 is greater than or equal to the amount calculated
in Step 2, levy the Maximum Special Tax set forth in Table 1 above on all Parcels of
Taxable Property in the CFD.
If the amount determined in Step 1 is less than the amount calculated in Step 2, levy
the Special Tax proportionately against all parcels of Taxable Property up to 100% of
the Maximum Special Tax for each Tract as identified in Table 1, until the amount of
the Special Tax levy equals the Special Tax Requirement for that Fiscal Year.
The Special Tax for CFD No. 2 shall be collected in the same manner and at the same time as ordinary
ad valorem property taxes, provided, however, that CFD No. 2 may (under the authority of government
Code Section 53340), in any particular case, bill the taxes directly to the property owner off the County
tax roll, and the Special Taxes will be equally subject to penalties and foreclosure if delinquent.
E. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no
Special Tax shall be levied on parcels that have been conveyed to a Public Agency, except as otherwise
provided in Sections 53317.3 and 53317.5 of the Act. In addition, no Special Tax shall be levied on
Excluded Parcels or Parcels that are determined not to be Developable Lots.
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ATTACHMENT
City of Fresno --
Community Facilities District No. 2 --
Annexation No.111
Excluded Parcels within Each Tract
THERE ARE NO EXCLUDED PARCELS IN ANNEXATION NO. 111
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