HomeMy WebLinkAboutResolution - - 2000-234 - 8/15/2000 6
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RESOLUTION NO. 2000 - 234
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. 22
WHEREAS, on June 27, 2000, the Council of the City of Fresno adopted its
Resolution of Intention to Annex Final Map of Tract No. 4944 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 proposed
boundaries of the CFD No. 2, including the areas of the proposed annexation, and stating
the services 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 the CFD No.
2 to pay for the Services (as hereafter defined) with respect to the 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 relative to the annexation of territory to the CFD No.
k 2; and
WHEREAS, at said hearing all interested persons desiring to be heard on all
matters pertaining to the annexation of territory to the CFD No. 2, the facilities to be
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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 Council on said matters
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, 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 annexation of territory to the CFD No.
2, the furnishing of specified types of Services and the rate and method of apportionment
of the special taxes have not been filed with the City Clerk by fifty percent (50%) or more of
the registered voters residing within the territory proposed to be annexed to the CFD No. 2
or property owners of one-half (%) or more of the area of land proposed to be annexed to
the CFD No. 2 and not exempt form the special tax; and
WHEREAS, the special tax proposed to be levied upon the territory to be annexed
to the CFD No. 2 to pay for the proposed Services to be provided therein, as set forth in
Exhibit "A" hereto, has not been eliminated by protest by fifty percent (50%) or more of the
registered voters residing within the territory to be annexed to the CFD No. 2 or the owners
of one-half('h) or more of the area of land within the proposed annexation and not exempt
from the special tax.
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 53324 of the Act.
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3. Prior Proceedings. All prior proceedings taken by this Council in connection
with the proposed annexation to the CFD No. 2 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
requirements of the Act. This Council hereby finds and determines that the proposed
annexation is in conformity with the goals and policies heretofore adopted by this Council
with respect to the formation of the CFD No. 2.
4. Boundaries Described. The boundaries of the proposed annexation as set
forth in the map of the amended boundaries of the CFD No. 2 heretofore recorded in the
Fresno County Recorder's Office in Book 38 at pages 59 thru 62 of Maps of Assessment and
Community Facilities Districts, are hereby approved and incorporated herein by reference
and shall be the boundaries of the CFD No. 2.
5. Services. The type of public services proposed to be financed by the CFD No.
2 and pursuant to the Act shall consist of those items listed as services on Exhibit"A" in the
report on file with the City Clerk, a copy of which is attached hereto and by this reference
incorporated herein (Services).
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 non-exempt 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 such other manner as this Council
or its designee shall determine, including direct billing of the affected property owners. The
proposed rate and method of apportionment of the special tax among the parcels of real
property within the territory of the proposed annexation, in sufficient detail to allow each
landowner within the territory of the proposed annexation to estimate the probable maximum
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amount such owner will have to pay, are described in the report on file with the City Clerk
and on attached Exhibit "B" which 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)498-1461 is the officer who
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 53340.2 of the Act.
8. 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 proposed annexation:.area
of the CFD No. 2, and 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. In accordance with 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
$4,200.00 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 in accordance with the applicable provisions of Section 53325.7 of the Act.
10. 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 proposed annexation at an election
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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.
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 15th day of August , 2000.
AYES: Bredefeld, Perea, Quintero, Ronquillo, Steitz , Boyajian
NOES: Mathys
ABSTAIN: None
ABSENT: None
Mayor Approval: N/A , 2000
Mayor Approval/No Return: N/A , 2000
Mayor Veto: N/A , 2000
Council Override Vote: N/A , 2000
REBECCA E. KLISCH
City Clerk
BY: RgeetetZ el-aZ
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
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EXHIBIT "A"
CITY OF FRESNO
COMMUNITY FACILITIES DISTRICT NO. 2
Description of Services to be Financed by Community Facilities District',No. 2'
The services that are to be financed by Community Facilities District No. 2 shall include
all attributable costs of maintenance of the landscaped easements along the public streets
and the cost of the purchase, construction, expansion, improvement, rehabilitation and
maintenance of landscaping of median islands located within public streets contiguous to
those subdivisions more specifically identified on the boundary map of City of Fresno
Community Facilities District No. 2, on file with the City Clerk of the City of Fresno.
Specifically, the maintenance will consist of, but not limited to, mowing, edging, fertilizing,
seeding, aerating, and watering grass areas; repair and replacement of irrigation systems
as necessary; staking, pruning, replacing and spraying of trees and shrubs; removal of
litter and accumulating debris and garbage.
Maintenance costs will also include all other expenses as may be incurred by the City in
administering the Community Facilities District 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. 22
COST ESTIMATE
ITEM DESCRIPTION ESTIMATED COST
1. Parks Maintenance $ 3,108.00
2. Annual Report
a. Engineering 459.00
b. Legal Services 633.00
Subtotal $ 4,200.00
3. Annexation Proceedings*
a. Legal $ 630.00
b. Engineering 1,260.00
c. Election 210.00
Total Estimated Cost $ 6,300.00
* These costs are a one time expense.
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EXHIBIT "B"
CITY OF FRESNO
COMMUNITY FACILITIES DISTRICT NO. 2
ANNEXATION NO. 22
Tract Assessment Summary
MAX ASSM'T TOTAL
TRACT PER EDU ASSESSMENT SUBDIVIDER
4944 $50.00 $4,200.00 Rexford Properties, LLC
TOTAL $4,200.00
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EXHIBIT "B"
City of Fresno
Community Facilities District No. 2
Annexation No. 22
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. If additional property is annexed into the CFD in future Fiscal
Years, Table 1 below shall be amended to include the Maximum Special Tax for Tracts in the
annexed property; under no circumstances shall such an annexation affect
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EXHIBIT "B"
the Maximum Special Tax for Tracts already in CFD No. 2. The Maximum Special Tax for
Fiscal year 2000-2001 for a Residential Unit within each Tract is identified in Table 1 below:
Table 1
Maximum Special Tax
(Fiscal Year 2000-2001)*
Tract Number** Maximum Special Tax
4944 $ 50.00 per Residential Unit
* Beginning in January 2002, the Maximum Special Tax shall be adjusted annually by
applying the increase, if any, in the construction cost index for the San Francisco
Region for the prior twelve(12) month period as published in the Engineering News
Record or other comparable source 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. In no event shall the increase exceed 2
percent per year.
** 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 2000-2001, 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
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EXHIBIT "B"
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 "1"
City of Fresno
Community Facilities District No. 2
Annexation No. 22
Excluded Parcels within Each Tract
THERE ARE NO EXCLUDED PARCELS IN ANNEXATION NO. 22