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HomeMy WebLinkAboutResolution - - 2011-098 - 5/26/2011RESOLUTION NO. 2011 - 98 A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ANNEXING TERRITORY TO COMMUNITY FACILITIES DISTRICT reu nc'y NO. 11 AND AUTHORIZING THE LEVY OF A SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO. 11 ANNEXATION NO. 42 WHEREAS, on April 28, 2011, the Council of the City of Fresno adopted its Resolution of Intention to Annex Final Map of Tract No. 5977 to the City of Fresno, Community Facilities District No. 11 (CFD No. 11) and to authorize the levy of special taxes (Resolution of Intention), pursuant to the City of Fresno Special Tax Financing Law (City Law), Chapter 8, Division 1, Article 3, of the Fresno Municipal Code; and WHEREAS, the Resolution of Intention, incorporating a map of the area proposed for annexation to the CFD No. 11, 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. 42 of CFD No. 11 to pay for the Services with respect to Annexation No. 42 of CFD No. 11, 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 City Law and the Resolution of Intention, concerning the annexation of territory to the CFD No. 11; and WHEREAS, at the hearing all interested persons desiring to be heard on the annexation of territory to the CFD No. 11, the facilities and services to be provided therein, and the levy of said special tax were heard; and 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 >46Pted ,4ppio�xd � Council Resolution pF FP Annex Territory and Levy Special Tax, CFD No. 11, Annexation No. 42 �`y FS�0 Page 2 of 5 services to be provided through the CFD No. 11 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. 11; 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 City Law. 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 to the requirements of City Law. This Council finds and determines that the proposed annexation conforms to the goals and policies that this Council adopted respecting the formation of CFD No. 11. ' TE' Council Resolution Annex Territory and Levy Special Tax, CFD No. 11, Annexation No. 42 Page 3 of 5 o90 Sy' 4. Boundaries Described. The boundaries of the proposed annexation, set forth in the map of the area proposed for annexation to the CFD No. 11, recorded in the Fresno County Recorder's Office in Book 43 at page 44 of Maps of Assessment and Community Facilities Districts, are approved, incorporated herein by reference, and shall be the boundaries of the CFD No. 11. 5. Services. The types of public services proposed to be financed by Annexation No. 42 of CFD No. 11 and pursuant to City Law 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. 11 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. 11, including the territory to be annexed, will be levied annually within the CFD No. 11, 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 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 Council Resolution Annex Territory and Levy Special Tax, CFD No. 11, Annexation No. 42 Page 4of5 assessor, s parcel number and who will be responsible for estimating future special tax levie, pursuant to City Law. 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 is canceled in accordance with law or until collection of the tax by the City ceases. 9. Appropriations Limit. Following City Law, 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 $500,000.00 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 City Law. 10. Election. Pursuant to the provisions of City Law, the proposition on levying the special tax and the proposition on establishing the appropriations limit specified above shall 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 Council Resolution Annex Territory and Levy Special Tax, CFD No. 11, Annexation No. 42 Page 5of5 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 26th day of May 2011. AYES: Baines, Olivier, Quintero, Westerlund, Xiong, Brand NOES: None ABSTAIN: gone ABSENT: Borgeas REBECCA E. KLISCH City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: -� - Mark Gleason, Deputy 'L4 GF FR EXHIBIT "A" j// 17 CITY OF FRESNO Community Facilities District No. 11 Annexation No. 42 Description of Services to be Financed by Community Facilities District No. 11 for Annexation No. 42 (Tract 5977) The Services that are to be financed for Annexation No. 42 (Final Tract No. 5977) by Community Facilities District No. 11 ("CFD No. 11 ") will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. General maintenance will include, without limitation, repairing and replacing irrigation systems as necessary; staking, pruning, replacing and spraying of trees and shrubs; removing litter, debris, and garbage. Services shall include all costs attributable to cleaning, maintaining, servicing, repairing and/or replacing certain facilities (which may include reserves for replacement) within public street rights- of-way, and open spaces. Such facilities include, without limitation, local street concrete curbs and gutters, curbs, valley gutters, hardscaping, sidewalks, street signage, and street lighting associated with the subdivision. Such facilities also include, without limitation, all hardscaping, decorative walls and pilasters, arbors and decorative signage associated with the subdivision. Services shall include all costs attributable to local street lighting services. Maintenance costs will include a proportionate share of all other expenses that the City may incur in administering the CFD No. 11. All 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. Nothing in this Exhibit or any other exhibit or provision of the Resolution shall be construed as committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the payment of or reimbursement for all of the authorized incidental expenses. The provision of Services and/or payment or reimbursement of incidental expenses shall be subject to the successful formation of CFD No. 11 and the availability of sufficient proceeds of special taxes within the district. Notwithstanding any other provision herein, this Exhibit does not include Services beyond the scope of services that are to be financed by Community Facilities District No. 11, as provided in Exhibit A to Resolution 2005-490, adopted by the Council of the City of Fresno November 15, 2005. A-1 2� Of ff>`cS EXHIBIT "A" CITY OF FRESNO Community Facilities District No. 11 Formation Description of Services currently finances! by Community Facilities District No. 11 The services (the "Services") that are to be financed by Community Facilities District No. 11 ("CFD No. 11 ") are any and all Services defined by City of Fresno Special Tax Financing Law (Chapter 8, Division 1, Article 3 of the Fresno Municipal Code) and the Mello -Roos Community Facilities Act of 1982 (Chapter 2.5 commencing with Section 53311, of Part 1, Division 2, Title 5 of the California Government Code.) Services may include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing all facilities, including hardscaping, in landscaped areas (may include reserves for replacement) 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; repairing and replacing paths, walkways and trails; removing litter, debris, and garbage. Services may include all costs attributable to cleaning, maintaining, servicing, repairing and/or replacing all local ground level street infrastructure (may include reserves for replacement) within local street rights-of-way. Such facilities may include, without limitation, street paving, curbs and gutters, sidewalks, street lighting, hydrants, inlets, street trees and street furniture. Ill. Services may include costs attributable to police, fire, traffic control, street lighting and recreational services. Maintenance costs will also include a proportionate share of all other expenses that the City may incur in administering the CFD No. 11. All 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. Nothing in this Exhibit B or any other exhibit or provision of this Resolution shall be construed as committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the payment of or reimbursement for all of the authorized incidental expenses. The provision of Services and/or payment or reimbursement of incidental expenses shall be subject to the successful formation of CFD No. 11 and the availability of sufficient proceeds of special taxes within the District. A-2 EXHIBIT B CITY OF FRESNO R*TF6 Community Facilities District No. 11 Annexation No. 42 Rate and Method of Apportionment of Special Tax Cost Estimate The estimate breaks down the costs of providing 1 year's service for FY 2011-2012 ITEM DESCRIPTION ESTIMATED COST 1 Landscape Maintenance $41,450.25 2 Feature Maintenance $2,049.75 3 Annual Administrative Costs a. Engineering $1,013.00 b. Legal $112.00 Total $44,625.00 Subdivision Appropriation Limit TRACT MAX. TAX PER EDU NUMBER OF LOTS APPROPRIATION LIMIT SUBDIVIDER 5977 $595.00 75 $500,000.00 BN Hudson Ranch L.P. B-1 `�-1 pF FREsy EXHIBIT B,aW �! City of Fresno r�D00.�ry. Community Facilities District No. 11 Annexation No. 42 Rate and Method of Apportionment of Special Tax A special tax applicable to each Assessor's Parcel in Community Facilities District No. 11 (herein "CFD No. 11" 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. 11, 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. 11 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. "City Law" means the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code. "Council" means the City Council of the City of Fresno, acting as the legislative body of CFD No. 11. "Developable Lot" means, within any Final Map approved in the CFD, a lot that is anticipated 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 V of this Rate and Method of Apportionment of Special Tax. B-2 1� 0� Fqe EXHIBIT B S�i.oa A Y. "Final Map" means a final map, or portion thereof, approved by the Council pursuant to the Subdivisio €area or" 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. "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. 11 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. "Shared Services" means the costs of services are paid equally by the property owners of two or more subdivision. "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. 11, 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. 11 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 EXHIBIT B on an Assessor's Parcel, the City or its designee shall determine the actual number of Residential Uni R'TFo opt 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. B-4 EXHIBIT B �G' L C. MAXIMUM SPECIAL TAX qAr_ opt, The Maximum Special Tax applicable to each Assessor's Parcel in CFD No. 11 shall be specific to each tract within the CFD. When additional property is annexed into CFD No. 11, 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 2011-2012 for a Residential Unit within Tract 5869 is identified in Table 1 below: Table 1 Maximum Special Tax(Fiscal Year 2011-2012)* Tract Number** Maximum Special Tax 5977 $ 595.00 per Residential Unit * Beginning in January 2012 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 2011-2012, 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. B-5 EXHIBIT B The Special Tax for CFD No. 11 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 11 may (under the authority of the City Law), 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 City Law. In addition, no Special Tax shall be levied on Excluded Parcels or Parcels that are determined not to be Developable Lots. EXHIBIT B ATTACHMENT "'i" City of Fresno Community Facilities District No. 11 Annexation 42 Excluded Parcels within Each Tract THERE ARE NO EXCLUDED PARCELS IN FINAL TRACT MAP NO. 5977