HomeMy WebLinkAbout1990-485
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RESOLUTION NO.
90-485
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED
3 SCHOOL DISTRICT, COMMUNITY FACILITIES DISTRICT NO. 995 AND MONNIG
DEVELOPMENT, INC., A CAI,IFORNIA CORPORATION IN CONNECTION WITH
4 THE MITIGATION OF SCHOOL FEES.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor is hereby authorized and directed
to execute, on behalf of said City, an Agreement for School Fee
Mitigation with the City Unified School District and Monnig
Development, Inc., a California corporation, on behalf of
Community Facilities District No. 995, a copy of which is
attached hereto marked Exhibit "A," and incorporated herein by
reference as fully as though set forth at length.
SECTION 2. This resolution is rescinded if the parties
to the Agreement for Mitigation of School Fees is not executed
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within sixty (60) days of the passage of this resolution.
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11-14-90
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RESO: AUTHORIZING EXECUTION OF AN AGREEMENT WITH MONNIG
'DE~E~OPMENT, INC. RELATING TO PAYMENT .OF ,SCHOOL FEES.
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a n ad lourned meeting thereof, held on the
regular
4 ,lOthiay of_December ,1990, by the following vote, too-wit:
5 Council Members:
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6 ESTRADA
7 REILLY
8 FLORES
9 MAUDSLEY
10 MINOR
11 POPE-LUDLAM
12 MILLER
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AYES
NAYS
ABSTAIN ABSENT
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~j~~
City Clerk
The foregoing resolution is hereby approved this
11t-h day of
Dpr.pmhpr
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Approved as to form
20 and legal content:
21 James F. Penman
City Attorney
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SCHOOL FEE MITIGATION AGREEMENT
1, PARTIES AND DATE
THIS SCHOOL FEE MITIGATION AGREEMENT is made and entered into this
day of November, 1990, by and among the SAN BERNARDINO CITY UNIFIED SCHOOL
DISTRICT (hereinafter the "District"), a school district organized and
existing under the laws of the State of California (the "State"), and MONNIG
DEVELOPMENT, INC" GENERAL PARTNER OF ONE FIFTY LIMITED PARTNERSHIP, a
California limited partnership and ONE FORTY SEVEN LIMITED PARTNERSHIP, a
California limited partnership (the "Landowner"), which owns property or is
representing the owner of property within the boundaries of the CFD;
2, RECITALS
2,1 The Landowner is the owner or representative of the owner of the
undeveloped property described in Exhibit "A" hereto (the "Property") situated
within the boundaries of the CFD which tbe Landowner proposes to develop for
various land uses; and
2,2 The City of San Bernardino (the "City") has undertaken proceedings
to form the CFD pursuant to the Mello-Roos Community Facilities Act of 1982,
as amended (the "Act"), to fund certain public facilities and to pay certain
fees necessary to the development of the Property, including the payment of
certain fees to the District; and
2,3 The District and the Landowner have agreed upon the payment of
certain fees from the proceeds of bonds proposed to be issued by the CFD in
full satisfaction of the Landowner's obligation with respect to the impact of
the development of the Property on school facilities of the District which are
represented by the fees described in this Agreement; and
NOW, THEREFORE, in consideration of the mutual covenants contained
herein, the District, the CFD, and the Landowner, do hereby agree as follows:
3, TERMS AND CONDITIONS
3,1 Definitions
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended,
set forth at Title 5 (commencing with Section 53311), Division 2, Chapter 2,5
of the Government Code of the State,
"Bonds" means the bonds of the CFD proposed to be issued to fund certain
fees and public facilities necessary for the development of the Property,
"Developments" means the development projects to be constructed by
Landowner on the Property as described in Exhibit C, the impact of which on
the need for school facilities is to be mitigated by this Agreement,
"Fees" means those schools listed in Exhibit "B" hereto and those fees
which are normally charged by the District to a landowner pursuant to
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Government Code Sections 53080 or 65995 upon recordation of final subdivision
map or application for a building permit for development of property within
the District.
"Mayor and Common Council" means the Mayor and Common Council of the
City.
3.2 Satisfaction of Obliaation
The District agrees that facilities capacity created by the Fees
contemplated to be paid from the proceeds of bonds proposed to be issued by
the CFD as contemplated by this Agreement will satisfy all school facility
requirements for the Developments to be constructed by Landowner.
By the payment of the Fees in the amounts and under the terms and
conditions described in Exhibit liB" hereto, the Landowner, and its respective
successors and assigns, shall be deemed to have fulfilled and satisfied its
entire obligation to assist in financing school facilities to serve the
student population to be generated by development of the Property with the
Developments. As a result, the District and the CFD hereby each covenant
that each of them will not under any circumstances at any time:
(a) exercise any power or authority (under Section 53080 of the
California Government Code or any other provision of applicable law) to levy
a fee, charge dedication, or other form of requirement against the
Developments undertaken on the Property for the purpose of funding or
financing any school facilities to serve the Developments; provided, however,
that this subsection (a) shall not exempt the Property from the levying of ad
valorem real property taxes or from liability for future general obligation
bonds or other taxes levied pursuant to a vote of the electors residing
therein.
(b) require the County of San Bernardino (the "County"), or any
other governmental entity, in the exercise, of, the power under Title 7,
Division 1, Chapter 4.7 of the California Government Code (commencing with
Section 65970) or any other provision of applicable law, to require the
dedication of land, the payment of fees in lieu thereof, or both, for
classroom or related facilities for elementary, middle or high schools as a
condition to the approval of the Developments on the Property; provided,
however, that this subsection (b) shall not exempt the Property from the
levying of ad valorem real property taxes or from liability for future
general obligation bonds or other taxes levied pursuant to a vote of the
electors residing therein.
(c) Oppose construction of the Developments on the Property on the
basis of inadequate school facilities or seek other forms of mitigationiwith
respect to the adequacy of school facilities to serve the Developments,'
including, but not limited to, the establishment of developer fees,:,the;:
payment of money by the Landowner, the dedication of land, or the appli9ation
of an assessment or requirement of any nature against the Landowner 'or %J:lui: '
Property permitted by present or future State of California laws, rulings;'
regulations and court decisions if the proceeds of such assessment or
requirement will be used to finance or fund any school facilities to serve
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the Developments; provided however, that this subsection (c) shall not exempt
the Property from the levying of ad valorem real property taxes or from
liability for future general obligation bonds or other taxes levied pursuant
to a vote of the electors residing therein.
3.3 Use of Proceeds by School District. The School District agrees
that the funds from the proceeds of bonds to be issued by the CFD shall be
used for school facilities and school site acquisition within the Verdemont
area as approved by the Office of Local Assistance, which such facilities and
site acquisition are of benefit to the land and development projects charged
for repayment of said bonds.
4. MISCELLANEOUS
4.1 Successors All of the covenants, stipulations, promises, and
agreements contained in this Agreement by or on behalf of, or for the benefit
of, any of the parties hereto, shall bind or insure to the benefit of the
successors of the respective parties.
4.2 Amendment This Agreement shall be amended only by a written
instrument executed by the parties hereto or their successors.
4.3 Severabilitv If any provision of this Agreement shall be held to
he invalid, illegal or unenforceable, the validity, legality and
enforceability of the remaining portions hereof shall not in any way be
affected or impaired thereby.
4.4 Entire Aareement This Agreement supersedes and cancels any and all
other agreements, either oral or written, between the parties with respect to
the subject matter herein. Each party to this Agreement acknowledges that no
representation by any party which is not embodied herein or in any other
agreement, statement, or promise not contained in this Agreement shall be
valid and binding. The parties hereto agree to act in a manner which will
not frustrate the purposes of this Agreement.
4.5 Governina Law This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
4.6 Execution This Agreement may be executed in several counterparts
each of which shall be an original and all of which shall constitute but one
and the same agreement.
4.7 Attachments: The following exhibits are attached to this Agreement
and incorporated herein by reference:
Exhibit A - Legal Description of Property
Exhibit B - Description of Facilities
Exhibit C - Description of Developments by Landowner
Exhihit D - Special Tax Rate and Method of Apportionment
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IN WITNESS WHEREOF, the parties hereto have executed this School Fee
Mitigation Agreement on the day and year first above written,
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
BY:~'~ ~
~~ of the Board of Education
ATTEST;
ATTEST:
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COMMUNITY FACILITIES
995 (VERDEMONT AREA)
BY;~~
Cler of the City of San
Bernardino, Ex Officio the
Legislative Body of Community
Facilities District No, 995
(Verdemont Area)
MONNIG DEVELOPMENT, INC., GENERAL PARTNER
OF ONE FIFTY LIMITED PARTNERSHIP AND ONE
FORTY SEVEN LIMITED PARTNERSHIP (Landowner)
Approved as to form
and legal content:
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James F. Penman
City Attorney
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EXHIBIT "A"
LEGAL DESCRIPTIONS
TRACT 14260
THE SOUTHEAST QUARTER OF LOTS 2 AND 4 INCLUSIVE, BLOCK
60, ACCORDING TO PLAT OF TOWN OF IRVINGTION LAND AND
WATER COMPANY, AS PER PLAT RECORDED IN BOOK 3 OF MAPS,
PAGE 9, RECORDS OF SAID COUNTY; AND THAT PORTION OF LOT
1, BLOCK 60, ACCORDING TO THE PLAT OF THE TOWN OF
IRVINGTON, AND THE LAND OF IRVINGTON LAND AND WATER
COMPANY, AS PER PLAT RECORDED IN BOOK 3 OF MAPS PAGE 9,
RECORDS OF SAID COUNTY, LYING SOUTH OF THE NORTHEASTERLY
LINE OF MUSCUPIABE RANCHO, AS SHOWN ON MAP OF SURVEY MADE
BY GEORGE N. PERRIN, APPROVED BY THE UNITED STATES
SURVEYOR GENERAL FOR CALIFORNIA ON JUNE 24,1898.
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.
TRACT 14261
THE SOUTHWEST QUARTER OF LOTS 2 AND 4 INCLUSIVE, BLOCK
60, ACCORDING TO PLAT OF TOWN OF IRVINGTON LAND AND ,WATER
COMPANY, AS PER PLAT RECORDED IN BOOK 3 OF MAPS,' PAqE' 9,
RECORDS OF SAID COUNTY; AND THAT PORTION ~F, LOTi 1, 'I3LqCK
60, ACCORDING TO THE PLAT OF THE TOWN OF,IRVINGTON"AND
THE LAND OF IRVINGTON LAND AND WATER COMP~) M: ~~~ l~*T
RECORDED IN BOOK 3 OF MAPS PAGE 9, RECORD!,!: OFt(\I:l.AID
COUNTY, LYING SOUTH OF THE NORTHEASTERLY LINE"OF
MUSCUPIABE RANCHO, AS SHOWN ON MAP OF SURVEY MADE: BY
GEORGE N. PERRIN, APPROVED BY THE UNITED STATES SURVEYOR
GENERAL FOR CALIFORNIA ON JUNE 24, 1898. COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA.
TRACT 14193
PARCEL 1
THE NORTHEAST QUARTER OF BLOCK 55, OF IRVINGT,O,:N' ~,:}\ND
WATER COMPANY'S SUBDIVISION, IN THE COUNT.Y,;\oF,\~SAN
BERNARDINO, STATE OF CALIFORNIA, ACCORDINci''':To:;iHp,FAT
THEREOF RECORDED IN BOOK 3 OF MAPS, PAGE 9, RECORDS' OF
SAID COUNTY.
PARCEL 2
THE NORTHWESTERLY QUARTER OF BLOCK 55, OF IRVINGTON LAND
AND WATER COMOPANY, AS PER PLAT RECORDED IN BOOK 3 OF
MAPS, PAGE 9, RECORDS OF SAID COUNTY.
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EXHIBIT "B"
The District's alternatives for use of the proceeds from the
Community Facilities District are a function of the availability
of funds from the state School Building Program. Alternatives
include the following:
1) The District owns a ten acre elementary school site
near the corner of Palm and Belmont Avenues in San
Bernardino, California. Plans and specifications for
the project are currently under review by the Office of
the state Architect. The District could pledge the
proceeds from the CFD as a 50% of the project. The
State's ability to fund 50% is dependent on available
state school Bond funds from the upcoming November 1990
Bond election.
2) If the state is unable to fund 50% of the project from
the November 1990 Bonds, the District may elect to wait
until such time as state funds are available. In this
case the CFD funds would be unused for an indefinite
period.
3) If the State is unable to fund 50% of the project, the
District may elect to pursue a number of other options
including:
a) acquisition of a site or sites for future
construction of school facilities
b) acquisition and placement of portable
classrooms on District-owned land and or
existing school sites
c) purchase of furniture and equipment for
acquired portable classrooms
These options will be presented to the Board of Education of the
San Bernardino city Unified School District for a decision before
any funds are expended.
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EXHIBIT "C"
DEVELOPMENT DESCRIPTION
TRACT 1.4260 WILL CONSIST OF 24 S:IHGLE FAM:ILY HOMES
RANGING FROM 1495 SQUARE FEET TO 2250 SQUARE FEET.
TRACT 14260 WILL CONS:IST OF 24 SINGLE FAMILY HOMES
RANG:ING FROM 1495 SQUARE FEET TO 2250 SQUARE FEET.
TRACT 14193 WILL CONS:IST OF 75 SINGLE FAMILY HOMES
RANGING FROM 1495 SQUARE FEET TO 2250 SQUARE FEET.
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EXHIBIT ,0 ol. 0"
RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT
NO. 995 OF THE CITY OF SAN BERNARDINO
(VERDEMONT AREA)
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A Special Tax (the "Special Tax") shall be levied on and collected from each parcel in Co=unity
Facilities District No. 995 in each Fiscal Year, co=encing July 1, 1990, in an amount determined by the
City Council of the City of San Bernardino through the application of the appropriate Special Tax for
"Developed Property" and "Undeveloped Property" in Special Tax Area A, Special Tax Area B, Special
Tax Area C and Special Tax Area D, as descnbed below. All of the property in the District, unless
exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the
manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Act" means the Mello-Roos Co=unity Facilities Act of 1982, being Chapter 2.5, Division 2 of
Title 5 of the Government Code of the State of California.
"Assigned Special Tax" means the Special Tax for each Land Use Oass, as determined by reference
to Table I of Section C below.
"Attached" means Developed Property which contains a structure or structures, made of two .or
more units that share co=on walls.
"Backup Special Tax" means an amount equal to $.144 per square foot of Assessor's Parcel for
Special Tax Area A, SO.155 per square foot of Assessor's Parcel for Special Tax Area B, SO.136 per
square foot of Assessor's Parcel for Special Tax Area C and $0.150 per square foot of Assessor's
Parcel for Special Tax Area D applicable to each parcel of Taxable Property within each Special
Tax Area in Fiscal Year 1990-91.
"City" means the City of San Bernardino.
"Council" means the City Council of the City of San Bernardino.
"Developed Property" means all Taxable Property in the District as of July 1 of any year for which
a foundation building permit has been issued as of March 1 of the prior Fiscal Year, but not prior
to March 1, 1990.
Emibj, i D p,,~
1'ace 2 0(9
"District" means Community Facilities District No. 995 of the City of San Bernardino.
"Facilities" means any improvements or facilities designated by the Council with an estimated useful
life of five years or longer which are eligH)le for financing under the provisions of the Act.
"Fiscal Year" means the period starting July 1 and ending the following June 30.
"Land Use Oass" means any of the categories listed in Table I of Section C below to which a parcel
is assigned consistent with the provisions hereof.
"Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section
C, that can be levied by the Council in any Fiscal Year for each class of Developed Property and
for Undeveloped Property, as applicable.
"Special Tax" means the Special Tax for each Land Use Oass, determined in accordance with
Section C below, that can be levied by the Council in any Fiscal Year.
"Special Tax Requirement" means each Special Tax Area's prorata share (as descnbed in the Public'
Report for the District), to be determined annually by the Council, of the authorized costs and
expenses of the District including those necessary to administer the bonds, collect and administer
the Special Taxes, and administer the District, to pay current debt service on the bonds, to
accumulate funds for future debt service, to pay amounts delinquent on the bonds, to replenish the
reserve fund to its proper level (including payments to be made from the reserve fund based upon
past Special Tax delinquencies), to compensate for anticipated Special Tax delinquencies (based
upon past delinquency experience), to pay directly for Facilities or to accumulate funds for that
purpose, and to pay for all authorized services.
'Taxable Property" means all of the Assessor's Parcels within the boundaries of the District which
are not exempt from the Special Tax pursuant to law or Section E below.
''Undeveloped Property" means all Taxable Property in Area A not classified as Developed
Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
On July 1 of each year, all Taxable Property within each Special Tax Area shall be categorized
either as Developed or Undeveloped Property, and shall be subject to tax in accordance with the
rate and method of apportionment determined pursuant to Sections C and D below.
For purposes of determining the applicable Maximum Special Tax pursuant to Section C, and
depending on its land use, Developed Property shall be assigned to one of the classes designated
in Table I below.
Exhibit 1'0 f,1
l'apJol!l
The square footage of a Commercial/Indusmal bUIlding shan be computed from the gross square
footage for the building(s) as reflected in the building plans upon which the building permit(s) for
such parcel was issued. The acreage of a CommercialJIndustrial parcel shan be determined by
reference to the then current Assessor's Parcel Map and, if appropriate, to the most current parcel
map or other subdivision tract map recorded with the Office of the Recorder for San Bernardino
County.
C. MAXIMUM SPECIAL TAX RATE
1. Developed Property
The Maximum Special Tax for an Assessor's Parcel classified as Developed Property shall
be the greater of (i) the amount derived by multiplying the square footage of such Assessor's
Parcel times the Backup Special Tax or (ii) the Assigned Special Tax determined by
reference to Tables I-IV below. For purposes of this Section C, the acreage or square
footage of an Assessor's parcel shall be determined by reference to the then current
Assessor's Parcel Map and, if appropriate, to the most current parcel map or other
subdivision tract map recorded with the Office of the Recorder for Orange County,
Notwithstanding the above, for Attached Residential Developed Property, a portion of the
acreage in a recorded tract map shall be taxed as Undeveloped Property if building permits
for one or more, but not all, of the units in the approved condominium or site plan for that
map have been issued. The acreage in a recorded tract map to be taxed as Undeveloped
Property shall equal the proportion of the associated condominium or site plan's approved
units for which building permits have not been issued, multiplied by the total acreage within
that tract map.
Notwithstanding Section E below, for purposes of computing the Backup Special Tax for
Attached Residential Developed Property, the acreage or square footage of land area shall
be computed from the underlying parcel as indicated on the most recent Assessor's Parcel
Map or final subdivision tract map. Each residential unit shall be assigned an equal
percentage of the underlying assessor's parcel or lot,
In making the computations set forth in this Section C (1) and in determining the Maximum
Special Tax which may be levied in any Fiscal Year, on July 1, 1991 and on each July 1
thereafter, the Backup Special Tax and the Assigned Special Tax for each class set forth in
Table I shall be increased by an amount equal to 1.0% of the amount in effect for the
previous Fiscal Year.
Exhibit fit D f'l11
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TABLE I
SPEGAL TAX AREA A
Assigned Special Taxes on Developed Property in Special Tax Area A (Fiscal Year 1990-91) Per Unit
(Residential) and Per Acre (Commercial/Industrial)
Assigned Special
Land Use Tax (Fiscal
Oass Descriotion Square Footage Year 1990-91)
1 Single Family Detached 2,200 SF and above $1,500 per unit
2 Single Family Detached 1,800 - 2,199 SF $1,364 per unit
~ Single Family Detached < 1,800 SF $1,160 per unit
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4 Attached Not Applicable $6,273 per acre
5 Commercial/Industrial Not Applicable $6,273 per acre
The Maximum Special Tax may exceed the Assigned Special Tax for some Assessor's Parcels within each
class if the Backup Special Tax alternative is used ($0.144 per square foot of Assessor's Parcel). As set
forth in Section D below, the Backup Special Tax will only be employed as the Special Tax of last resort
if the Council determines that the Backup Special Tax must in fact be levied.
The Backup Special Tax ~ only be applied to Single Family Detached lots larger than the following
minimum sizes:
Class 1:
Class 2:
Class 3:
10,416 square feet
9,472 square feet
8,055 square feet
E:duoit sr D r b 'I
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TABLE n
SPECIAL TAX AREA B
Assigned Special Taxes on Developed Property in Special Tax Area B (Fiscal Year 1990-91) Per Unit
(Residential) and Per Acre (Co=ercial/Industrial)
Assigned Special
LandUse Tax (Fiscal
Oass Descriotion Square Footae:e Year 1990-91)
1 Single Family Detached 2,200 SF and above $1,303 per unit
2 Single Family Detached 1,800 - 2,199 SF $1,184 per unit
3 Single Family Detached < 1,800 SF $1,007 per unit
4 Attached Not Applicable $6,751 per acre
5 Co=erciaI/Industrial Not Applicable S6,751 per acre
The Maximum Special Tax may exceed the Assigned Special Tax for some Assessor's Parcels within each
class if the Backup Special Tax alternative is used (SO.155 per square foot of Assessor's Parcel). As set
forth in Section D below; the Backup Special Tax will only be employed as the Special Tax of last resort
if the Council determines that the Backup Special Tax must in fact be levied.
The Backup Special Tax ~ only be applied to Single Family Detached lots larger than the following
minimum sizes:
Class 1:
Class 2:
Oass 3:
8,406 square feet
7,638 square feet
6,496 square feet
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TABLE ill
SPECIAL TAX AREA C
Assigned Special Taxes on Developed Property in Special Tax Area C (Fiscal Year 1990-91) Per Unit
(Residential) and Per Acre (Co=ercial/Industrial)
Assigned Special
land Use Tax (Fiscal
Oass Description Square Footage Year 1990-91)
1 Single Family Detached 2,200 SF and above $1,441 per unit
2 Single FaIIllly Detached 1,800 - 2,199 SF $1,310 per unit
3 Single Family Detached < 1,800 SF $1,114 per unit
4 Attached Not Applicable $5,707 per acre
5 Commercial/Industrial Not Applicable $5,707 per acre
The Maximum Special Tax may exceed the Assigned Special Tax for some Assessor's Parcels within each
class if the Backup Special Tax alternative is used ($0.136 per square foot of Assessor's Parcel). As set
forth in Section D below, the Backup Special Tax will only be employed as the Special Tax of last resort
if the Council determines that the Backup Special Tax must in fact be levied.
The Backup Special Tax mgy only be applied to Single Farmly Detached lots larger than the following
minimum sizes:
Oass 1:
Class 2:
Class 3:
10,595 square feet
9,632 square feet
8,191 square feet
Edu'bil C V
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TABLE IV
SPECIAL TAX AREA D
Assigned Special Taxes on Developed Property in Special Tax Area D (Fiscal Year 1990-91) Per Unit
(Residential) and Per Acre (Commercial/Industrial)
Assigned Special
Land Use Tax (Fiscal
Oass Description Square Footage Year 1990-91)
1 Single Family Detached 2,200 SF and above $1,336 per unit
2 Single Family Detached 1,800 . 2,199 SF $1,214 per unit
3 Single Family Detached < 1,800 SF $1,032 per unit
4 Attached Not Applicable $6,534 per acre
5 Commercial/Industrial Not Applicable $6,534 per acre
The Maximum Special Tax may exceed the Assigned Special Tax for some Assessor's Parcels within each
class if the Backup Special Tax alternative is used (SO.150 per square foot of Assessor's Parcel). As set
forth in Section D below, the Backup Special Tax will only be employed as the Special Ta"( of last resort
if the Council determines that the Backup Special Tax must in fact be levied.
The Backup Special Tax !mY only be applied to Single Family Detached lots larger than the following
minimum sizes:
Class 1:
Oass 2:
Class 3:
8,906 square feet
8,093 square feet
6,880 square feet
2. Undeveloped Property
The 1990-91 Maximum Special Tax for Undeveloped Property shall be $5,900 per acre for
Special Tax Area A, $6,100 per acre for Special Tax Area B, $5,800 per acre for Special Tax
Area C and $5,700 per acre for Special Tax Area D.
In making the computation set forth in Section C (2) and in determining the Assigned
Special Tax and the Maximum Special Tax on Undeveloped Property which may be levied
in any Fiscal Year, on July 1, 1991 and on any July 1 thereafter, the Assigned Special Tax
and the Maximum Special Ta.x for Undeveloped Property shall be increased by an amount
no greater than 1.0% of the amount in effect for the previous Fiscal Year.
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D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX TO DEVELOPED
PROPERTY AND UNDEVELOPED PROPERTY
Starting in Fiscal Year 1990-91 and for each following Fiscal Year, the Council shall determine the
amount of money to be collected from Taxable Property in each Special Tax Area in the Fiscal
Year (the Special Tax Requirement).
The Council shall levy the Special Tax as follows until the amount of the levy equals the Special
Tax Requirement:
First: The Special Tax shall be levied on Developed Property, exclusive of property exempt from
Special Taxes pursuant to Section E below, in equal percentages up to 100% of the Assigned
Special Tax Rate for each class of Developed Property for such Fiscal Year determined by
reference to Tables I-IV;
Second: If additional monies are needed after the first step has been completed, the Special Tax
shall be levied on each parcel of Undeveloped Property, exclusive of Undeveloped Property
exempted by law or by the provisions of Section E, (below), in equal percentages (up to 100%) of
the Maximum Special Ta,,<;
Third: If additional monies are needed after the first two steps have been completed, then the levy
of the Special Tax on each Assessor's Parcel of Developed Property
whose Maximum Special Tax is determined through the application of the Backup Special Tax Rate
shall be increased in equal percentages from the Assigned Special Tax Rate up to the Maximum
Special Tax Rate for each such Assessor's Parcel for such Fiscal Year;
Fourth: If additional monies are needed after the first three steps have been completed, then the
Special Tax shall be levied proportionately on each parcel of Developed or Undeveloped Property
owned by a homeowners' association which has not been exempted from the Special Tax pursuant
to Section E, up to the Maximum Special Tax for Undeveloped Property; and
Fifth: If additional monies are needed after the first four steps have been completed, then the
Special Tax shall be levied proportionately on each parcel of Developed or Undeveloped Property
conveyed or irrevocably offered to a public agency which has not been exempted from the Special
Tax pursuant to Section E, up to the Maximum Special Tax for Undeveloped Property.
E. EXEMPTIONS
A Special Tax shall not be imposed on up to 66.48 acres of Undeveloped Property conveyed or
irrevocably offered to a public agency or conveyed to a homeowners' association (9.55 acres for
Special Tax Area A, 17.47 acres for Special Tax Area B, 20.0 acres for Special Tax Area C and 9.46
acres for Special Tax Area D). The acres exceeding such total of acres shall be taxed consistent
with Undeveloped Property to the extent set forth in the Fourth and Fifth Steps of Section D
.
.
E>Ilibi',e' D
PI&" 9 0(9 fP.
above. Under no circumstances shall the Council impose a Special Tax on land which is a public
right of way or which is a utility property utilized for the provision of services to the public or a
property encumbered with public or utility easements making impractical its utilization for other
than the purposes set forth in the easement.
F. REVIEW/APPEAL COMMITTEE
The Council shall establish as part of the proceedings and administration of the District a special
three-member Review/Appeal Council. Any landowner or resident who feels that the amount of
the Special Tax, as to their parcel, is in error may file a notice with the Review/Appeal Council
appealing the amount of the Special Tax levied on such parcel The Review/Appeal Committee
shan interpret this Rate and Method of Apportionment of the Special Tax and make determinations
relative to the annual administration of the Special Tax and any landowner or resident appeals, as
herein specified. The decision of the Review/Appeal Committee shall be final and binding as to
all persons.
G. MANNER OF COLLECTION
The special taxes will be collected in the same manner and at the same time as ordinary ad valorem
property taxes, provided, however, that the district may collect Special Taxes at a different time or
in a different manner if necessary to meet its financial obligations. In the event of a delinquency,
Community Facilities District No. 995 will pursue foreclosure in a timely manner.
sb\l:!d99S.rpt
DTA
08/1311990