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File N 14.40-80
CeTY OF SAN BER....RDINO REQUEST ~OR COUNCIL ACTION
From:
ROGER G. HARDGRAVE
Public work_lJngineering
Date:
4-06-90
-,.:;-.
Subject: Community Facilities District No.
995 --Resolution of Intention
& Resolution to Issue Bonds
Secured by Special Tax
(Verdemont Area)
Dept:
Synopsis of Previous Council action:
12-04-89 --Urgency Ordinance No. MC-670 adopted levying an Infra-
structure Fee.
02-19-90 --Urgency Ordinance No. MC-707 adopted requiring the
levy of the Verdemont Infrastructure Fee.
03-19-90 --Resolution No. 90-103
Engineer to proceed.
adopted
authorizing City
3-19-90 -- Resolution No. 90-103 adopted accepting petition and
designating Bond Counsel, Underwriter and Special Tax
Consultant.
Recommended motion:
Adopt Resolutions.
cc: Marshall Julian
Andy Green
Jim Penman
Con tact person:
Verne Nadeau
Staff Report, Map,
Resolutions
Phone:
5026
Supporting data attached:
Ward:
5
FUNDING REQUIREMENTS:
Amount: $11,000,000
tax.
Source: (Acct No) "51-673-53925
(Acct. Description) CFD 995 to be paid
I
Finance: I ,..-'..
from a special
\
'"
Council Notes:
Aaenda Item No. 5.3 ..,..s if
RESOLUTION NO.
2
A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING
3 ITS INTENTION TO ESTABLISH A COMMUNITY FACILITIES
DISTRICT AND TO LEVY A SPECIAL TAX TO PAY FOR CERTAIN
4 PUBLIC FACILITIES IN AND FOR SUCH COMMUNITY FACILITIES
DISTRICT.
5
6 WHEREAS, a petition requesting the institution of
7 proceedings for formation of a community facilities district
8 signed by owners of not less than 10 percent of the area of
9 land proposed to be included within said district has been
10 received and filed with the City Clerk; and
II WHEREAS, the City of San Bernardino (the "City") has
12 duly considered the advisability and necessity of instituting
13 proceedings to establish a community facilities district under
14 and pursuant to the terms and provisions of the "Mello-Roos
15 Community Facilities Act of 1982" (the "Act"), being Chapter
16 2.5, Part 1, Division 2, Title 5 of the Government Code of the
17 State of California; and
18 WHEREAS, the City has determined to institute
19 proceedings for the establishment of such community facilities
20 district, and has determined to set forth the boundaries of
21 the territory which is proposed for inclusion in such
22 community facilities district and to state the pUblic
23 facilities to be provided in and for such community facilities
24 district, and has determined to set a date, time and place for
25 a public hearing relating to the establishment of such
26 community facilities district and the levy of a special tax
27 therein to pay for such public facilities; and
28
04/04/90 (Date prepared)
2102c
1
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RESOLUTION OF IN'.L'::NTION TO ESTABLISH CFD 99~
WHEREAS, the City has determined that it is
2
advisable to establish an appropriations limit, as defined by
3
Article XIIIB, Section 8(h) of the California Constitution,
4
for said community facilities district;
5
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND
6
COMMON COUNCIL OF THE CITY OF SAN BERNARDINO THAT:
7
Section 1. All of the above recitals are true and
8
correct.
9
Section 2. The petition of landowners is hereby
10
accepted and proceedings are initiated pursuant to the
II
authorization of Section 53318(c) of the Act.
12
Section 3. It is the intention of the City and the
13
City hereby proposes to establish a community facilities
14
district under and pursuant to the terms and provisions of the
15
Act, the boundaries of the territory proposed for inclusion in
16
such community facilities district are more particularly
17
described and are shown on that certain map entitled "Proposed
18
Boundaries of Community Facilities District No. 995 (Verdemont
19
Area), City of San Bernardino, County of San Bernardino, State
20
of California" that has been filed with the City Clerk and a
21
copy of which is attached hereto as Exhibit A and incorporated
22
herein and made a part hereof. The City Clerk is hereby
23
authorized and directed to endorse the Certificate on said map
24
evidencing the date and adoption of this resolution and is
25
further authorized and directed to file said map in accordance
26
with the provisions of Section 3111 of the California Streets
and Highways Code within 15 days of the adoption of this
27
28
04/04/90
2102c
2
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~ -
RESOLUTION OF INT~clTION TO ESTABLISH CFD 995
2
resolution and not later than 15 days prior to the date of the
public hearing as set forth in Section 10 hereof.
3
Section 4. The community facilities district
4
proposed to be established shall be known and designated as
5
"City of San Bernardino Community Facilities District No. 995
6
(Verdemont Area)" (the "Community Facilities District").
Section 5. It is the intention of the City to order
7
8
the acquisition, construction and installation in and for the
9
Community Facilities District of certain public facilities
10
(the "Facilities") with an estimated useful life of five (5)
II
years or longer, which are public facilities that the City or
12
a public agency is authorized by law to construct, own or
13
operate, a description of the types of Facilities to be
14
constructed or acquired is set forth in Exhibit B, attached
15
hereto and incorporated herein and made a part hereof. The
16
Facilities to be acquired or constructed by the Community
17
Facilities District are necessary to meet increased demand
18
placed upon the City and other public agencies as a result of
19
development occurring within the Community Facilities
20
District. The cost of acquiring, constructing and installing
21
the Facilities includes incidental expenses consisting of the
22
costs of planning and designing the Facilities, including the
23
costs of environmental evaluations thereof, all costs
24
associated with the establishment of the Community Facilities
25
District, the issuance of bonds, the determination of the
26
amount of any special taxes to be levied, the cost of
27
collecting any special taxes, and costs otherwise incurred in
28
order to carry out the authorized purposes of the Community
04/04/90
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3
RESOLUTION OF INTENTION TO ESTABLISH CFD 995
Facilities District, together with any other expenses
2
incidental to the acquisition, construction, completion and
3
inspection of the Facilities.
4
Section 6. It is the intention of the City that,
5
except where funds are otherwise available, a special tax
6
sufficient to pay for the Facilities secured by recordation of
7
a continuing lien against all nonexempt real property in the
8
District, including the payment of interest on and principal
9
of bonds proposed to be issued to finance the Facilities and
10
the repayment of funds advanced to the Community Facilities
II
District, annual administration expenses of the City and the
12
Community Facilities District in determining, apportioning,
13
levying and collecting such special taxes, will be levied
14
annually within the boundaries of the Community Facilities
15
District. The rate, method of apportionment and manner of
16
collection of such proposed special tax is set forth in
17
Exhibit C, attached hereto and incorporated herein and made a
18
part hereof. Exhibit C provides sufficient detail to allow
19
each landowner or resident within the Community Facilities
20
District to estimate the maximum amount that such person will
21
have to pay for the Facilities.
22
The special tax as apportioned to each parcel
pursuant to Exhibit C is apportioned on the basis of benefit
23
24
as permitted by Section 53325.3 of the Act and the
25
apportionment of the special tax is not on or based upon the
26
value or ownership of real property. In the event that
27
property within the Community Facilities District is acquired
28
or dedicated to a public agency subsequent to the date of
04/04/90
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4
RESOLUTION OF INT~NTION TO ESTABLISH CFD 995
formation of the Community Facilities District, it may become
2 exempt and no longer subject to the special tax, pursuant to
3 the provisions of the rate and method of apportionment
4 attached hereto as Exhibit C. The special tax obligation on
5
any parcel, if the City so elects, may be prepaid and
6
eliminated according to the methodology and conditions
7
specified by the City in the resolution of issuance for any
8
bonds to be issued under these proceedings, by payment of the
9
amount so calculated to the City or its designated paying
10
agent for the Community Facilities District and utilized to
II
call or defease bonds to the full extent of such payment on
12
the earliest date on which such call or defeasance can be
13
accomplished.
14
Section 7. It is the intention of the City,
15
pursuant to Section 53317.3 of the Act, to levy the proposed
16
special tax on property that is not otherwise exempt from the
17
proposed special tax and that is acquired by a public entity
18
through a negotiated transaction, or by gift or devise.
19
Section 8. It is the intention of the City,
20
pursuant to Section 53317.5 of the Act, to treat any special
21
tax levied against property that is acquired by a public
22
entity through eminent domain proceedings as if it were a
23
special annual assessment.
24
Section 9. It is the intention of the City,
pursuant to Section 53340.1 of the Act, to levy the proposed
25
26
special tax on the leasehold or possessory interests in
27
property owned by a public agency, which property is otherwise
28
exempt from the special tax.
04/04/90
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5
RESOLUTION Of IN~~NTION TO ESTABLISH CfD 99~
Section 10.
Notice is given that on the 21st day of
2 May, 1990, at the hour of 10:00 o'clock A.M., or as soon
3 thereafter as the matter may be heard, at the regular meeting
4 place of the Common Council, 300 North "D" Street,
5 San Bernardino, California 92418, a public hearing will be
6 held at which the City shall consider the establishment of the
7 Community Facilities District, the proposed rate and method
8 and apportionment of the special tax, the proposed
9 appropriations limit for the Community facilities District and
10 all other matters as set forth in this Resolution of
II Intention. At the above-mentioned time and place for such
12 public hearing, any persons interested, including all
13
taxpayers, property owners and registered voters within the
14
Community Facilities District, may appear and be heard, and
15
the testimony of all interested persons or taxpayers for or
16
aqainst the establishment of the Community Facilities District
17
and the levy of the special tax, or the extent of the
18
Community Facilities District, or the acquisition or
19
construction of the Facilities, or the establishment of an
20
appropriations limit, or on any other matters set forth
21
herein, will be heard and considered.
22
Any protests may be made orally or in writing,
23
except that any protests pertaining to the regularity or
24
sufficiency of such proceedings shall be in writing and shall
25
clearly set forth the irregularities and defects to which the
26
objection is made. All written protests shall be filed with
27
the City Clerk on or before the time fixed for such public
28
hearing, and any written protest may be withdrawn in writing
04/04/90
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6
RESOLUTION OF IN',-".NTION TO ESTABLISH CFD 995
at any time before the conclusion of such public hearing. If
2
written protests against the establishment of the Community
Facilities District are filed by fifty percent (50%) or more
3
4
of the registered voters, or six (6) registered voters,
5
whichever is greater, residing within the Community Facilities
6
District, or owners of one-half (1/2) or more of the area of
land proposed to be included within the Community Facilities
8 District, the proceedings shall be abandoned. If said
7
9
majority protest is limited to certain facilities or special
10
tax, those facilities or that tax may be eliminated by the
II
City Council.
12
Section 11. If, following the public hearing
13
described herein, the City determines to establish the
14
Community Facilities District and proposes to levy a special
15
tax within the Community Facilities District, the City shall
then submit the levy of the special tax to the qualified
17 electors of the Community Facilities District. If at least
16
18
twelve (12) persons, who need not necessarily by the same
19
twelve (12) persons, have been registered to vote within the
20
territory of the Community Facilities District for each of the
21
ninety (90) days preceding the close of the public hearing,
22
the vote shall be by registered voters of the Community
23
Facilities District, with each voter having one (1) vote.
24
Otherwise, the vote shall be a mailed ballot election,
25
consistent with Section 53327.5 of the Act, by the landowners
26
of the Community Facilities District who are the owners of
27
record at the close of the public hearing, with each landowner
28
having one (1) vote for each acre or portions of an acre of
04/04/90
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RESOLUTION OF INTENTION TO ESTABLISH CFD 995
land owned within the Community Facilities District. The
2
number of votes to be voted by a particular landowner shall be
3
specified on the ballot provided to that landowner.
4
Section 12. The Proceedings Engineer of the City
5
pursuant to Section 53321.5 of the Act is hereby directed to
6
coordinate a study by interested City departments and other
7
public agencies of the Community Facilities District and, at
8
or before the time of such public hearing, to cause to be
9
prepared and filed with the Common Council a report which
10
shall contain a brief description of the Facilities by type
II
which are required to adequately meet the needs of the
12
Community Facilities District, and an estimate of the cost for
13
providing the Facilities and an estimate of the incidental
14
expenses related thereto. Such report shall further contain
15
any other material that is related to the Facilities or the
16
Community Facilities District, including a proposed
17
appropriations limit, and shall, upon its presentation, be
18
submitted to the Common Council for review, and shall be made
19
a part of the record of the public hearing held to consider
20
establishing the Community Facilities District.
21
Section 13. In the opinion of the Common Council,
22
the public interest will not be served by allowing the
23
property owners in the Community Facilities District to enter
24
into a contract pursuant to Section 53329.5(a) of the Act to
do the work to be financed under the Community Facilities
25
26
District.
27
Section 14. Notice of the time and place of such
28
public hearing shall be given by the City Clerk in the
04/04/90
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8
RESOLUTION OF INTENTION TO ESTABLISH CFD 995
following manner: A Notice of Public Hearing in the form
2
required by Section 53322 of the Act shall be published in the
3
SAN BERNARDINO SUN, a newspaper of general circulation
4
published in the area of the proposed Community Facilities
5
District, which such publication shall be made pursuant to
6
Section 6061 of the Government Code, and shall be completed at
7
least seven (7) days prior to the date set for such public
8
hearing; further, a Notice of Public Hearing in the form
9
required by Section 53322.4 of the Act shall be sent by
10
first-class mail, postage prepaid, to each registered voter
II
and to each landowner within the proposed Community Facilities
12
District as shown on the last equalized assessment roll. Said
13
mailing shall be completed not less than fifteen (15) days
14
prior to the date of such public hearing.
15
III
16
III
17
III
18
III
19
III
20
III
21
III
22
III
23
III
24
III
25
III
26
III
27
28
04/04/90
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9
RESOLUTION OF INT~NTION TO ESTABLISH CFD 995
I HEREBY CERTIFY that the foregoing resolution was
2
3 duly adopted by the Mayor and Common Council of the City of
4 San Bernardino at a
meeting thereof, held on
5 the
, 1990, by the
day of
6 following vote, to wit:
7
8
Council Members
AYES:
9
10
NAYS:
II
ABSENT:
12
13
City Clerk
14
15
The foregoing resolution is hereby approved this
16
, 1990.
day of
17
18
19
W.R. Holcomb, Mayor
City of San Bernardino
20
21
22
Approved as to form
and legal content:
James F. Penman
City ~ttorney
23
24
~'-"1,.,.______~ ....".
- -"
By:
25
/
26
27
28
04/04/90
2102c
10
.
995
STA TE OF CALIFORNIA
FILED ... T REQUEST OF an' Q.ERI<
I HEREBY CERnFY 11-4...1 lHE WIlHIN MAP SHOWING lHE B<l.JNOARIES or
~E c::a.INUNIlY FAOU11ES 0lS1R1CT NO. Qg~ OF THE an (y
SAN BERNM'OINO, STArE Of CALFORNIA. WAS APPRO'vtD BY ll-E CITY
C()JNOL. .....T A REGU.AR MEETING llOEOF". HElD (JoI "THE DAY
Of' ,1990. BY ITS RESQ..U11o. NO_
CITY aLRlC
CITY or SAN BERNAR:lINO
~
144(14 CONCORDIA HOWES
2 '4193 WQNNlG OE'vn.OPlrLHT, 1He.
, 14.250 a: 14261 MONNIG OE\IEl.CPME:J'H. INC.
. 13530 McCL..El..J..AN DEVELOPlIENT
5 ",<)7 lkCl.ElLAN DE\nOPlENT
. 8Rl1ilAR INDUSTRIES
7 12756 a: 13172 BR'NAR INDUsmlES
8. lJ60J lolONNIG OE\IEl.OPt.lENT, INC.
~
NOT TO SCALE:
March 28,1990
EXHIBIT "A"
CITY OF SAN BERNARDINO
COMMUNITY FACILfTIES DISTRICf NO.1
Parcel 1
Parcels 1 through 4, Parcel Map No. 6755, in the City of San Bernardino, County of San
Bernardino, State of California, as per plat recorded in Book 66 of Parcel Maps, pages 43 and
44, records of said County.
Exceotinl!: therefrom that portion lying within Tract No. 10183 and Tract No. 10184, as per
plats recorded in Book 178 of Maps, pages 63 and 64, and in Book 178 of Maps, pages 65
and 66, respectively, records of said County.
Parcel 2
That portion of Lots 1, 2 and 3, Block 55, and that portion of the vacated streets adjacent
thereto, of Irvington Land and Water Company Subdivision, in the City of San Bernardino,
County of San Bernardino, State of California, as per plat recorded in Book 1, page 32,
Records of Survey of said County, lying Northeasterly of the Northeasterly line of Tract No.
10456, as per plat recorded in Book 150 of Maps, pages 56 through 58, records of said
County.
Parcel 3
Lots 2, 3 and 4, Block 60, and that portion of the vacated streets adjacent thereto, of
Irvington Land and Water Company Subdivision, in the City of San Bernardino, County of
San Bernardino, State of California, as per plat recorded in Book 1, page 32, Records of
Survey of said County.
Parcel 4
Lots 1 and 2 and the Northeasterly 264.00 feet of Lot 3, measured at right angles to the
Northeasterly line thereof, Block 86, and that portion of the vacated streets adjacent thereto,
of Irvington Land and Water Company Subdivision, in the City of San Bernardino, County
of San Bernardino, State of California, as per plat recorded in Book 1, page 32, Records of
Survey of said County.
Parcel 5
Lots 1 and 4, Block 87, and that portion of the vacated streets adjacent thereto, of Irvington
Land and Water Company Subdivision, in the City of San Bernardino, County of San
Bernardino, State of California, as per plat recorded in Book I, page 32, Records of Survey
of said County.
~
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EXHIBIT "N
Page 2
Parcel 6
That portion of Block 83, Irvington Land and Water Company Subdivision, in the City of San
Bernardino, County of San Bernardino, State of California, as per plat recorded in Book I,
page 32, Records of Survey of said County, lying Southeasterly of a line parallel with and
distant 480.00 feet Northwesterly of and measured at right angles to the centerline of Cypress
Avenue, and lying Southwesterly of the Southwesterly line of that certain parcel of land
conveyed to the San Bernardino County Flood Control District as Parcel #3 by deed
recorded July 27, 1948, in Book 2268, pages 146 through 149, Official Records of said County,
and lying Northwesterly and Northeasterly of the Northwesterly and Northeasterly line of that
certain frontage road, 28 feet wide, shown on a Caltrans Right of Way Map File # 428591
for State Highway Route 15.
Parcel 7
Tract No. 12756, in the City of San Bernardino, County of San Bernardino, State of
California, as per plat recorded in Book 197 of Maps, pages 22 through 25, records of said
County and that portion of Lots "J", "le", "L", "M" and 11, Meyer & Barclay Subdivision, as
per plat recorded in Book 12 of Maps, page 18, records of said County, described as follows:
Beginning at the most Westerly comer of said Tract No. 12756, said comer being in the
Northeasterly line of a Frontage Road, 30.00 feet wide, thence N47"11'OO"W along said
Frontage Road 3258.87 feet to an intersection with the West line of said Lot 11; thence
N2"29'18"E 473.03 along said West line; thence S60"10'OO"E 867.35 feet; thence S47"13'46"E
1328.74 feet to an intersection with the East line of said Lot 11; thence NZ040'02"E 824.26
feet along said East line; thence N67"26'42"E 371.08 feet; thence S59"09'47"E 195.99 feet;
thence S30"13'54"E 696.81 feet; thence S28"06'59"E 997.27 feet; thence S9"03'06"E 263.89
feet to the beginning of a tangent curve concave Easterly having a radius of 1999.19 feet;
thence Southeasterly along the arc of said tangent curve 35.94 feet through a central angle
of 1001'48" to the most northerly comer of said Tract No. 12756; thence following along the
Northwesterly line of said Tract No. 12756 through its various courses S79"55'06"W 96.94 feet
to the beginning of a tangent curve concave Southerly having a radius of 600.00 feet; thence
Westerly along the arc of said tangent curve 388.53 feet through a central angle of 37"06'06";
thence S4Z049'OO"W 262.50 feet; thence N47"II'OO"W 89.02 feet; thence S42049'OO"W 149.00
feet to the point of beginning.
Harold E. Robinson PLS 3069
(legal\HR3-28)
EXHIBIT -B-
DESCRIPTION OF FACILITIES
TO BE CONSTRUCTED
Right-of-way improvements to be constructed under the
Verdemont Community Facilities District include the
acquisition, construction and installation of full width
streets (conforming with the General Plan) with sidewalks,
curbs and gutters, paving, street lights, water mains and
sewer mains and certain storm drains (where required to
handle off-tract drainage), basically on the quarter-mile
grid streets.
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EXHIBIT C
RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT
NO. 1990-1 OF THE CITY OF SAN BERNARDINO
(VERDEMONT AREA)
A Special Tax (the "Special Tax") shall be levied on and collected from each parcel in
Community Facilities District No. 1990-1 in each Fiscal Year, commencing 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 described below. Ail 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 Community 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 Class, 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 common walls.
"Backup Special Tax" means an amount equal to $.168 per square foot of Assessor's
Parcel for Special Tax Area A, $0.163 per square foot of Assesesor's Parcel for
Special Tax Area B, $0.162 per square foot of Assessor's Parcel for Special Tax Area
C and $0.155 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. -
1
"Developed Proper.. means all Taxable Property in Are", _, 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.
"District" means Community Facilities District No. 1990-1 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 eligible for financing under the
provisions of the Act.
"Fiscal Year" means the period starting July 1 and ending the following June 30.
"Land Use Class" 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 Class, 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 pro rata share (as
described 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 Area
A 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.
2
For purposes of. iermimng the applicable MaximUl. ..ipecial 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.
The square footage of a Commercial/Industrial building shall 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
Commercial/lndustrial 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 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 completed 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 I,
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 2.0% of the amount in effect for the previous Fiscal Year.
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TABLE I
SPECIAL 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/lndustrial)
Assigned Special
Land Use Tax (Fiscal
Class Descriotion Sauare Foota2e Year 1990-91)
1 Single Family Detached 2,200 SF and above $1,694 per unit
2 Single Family Detached 1,800 - 2,199 SF $1,540 per unit
3 Single Family Detached < 1,800 SF $1,309 per unit
4 Attached Not Applicable $7,318 per acre
5 CommerciallIndustrial Not Applicable $7,318 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 ($0.168 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 may only be applied to Single Family Detached lots larger than the
following minimum sizes:
Class 1:
Class 2:
Class 3:
10,083 square feet
9,166 square feet
7,791 square feet
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TABLE II
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 (CommerciaIJIndustrial)
Assigned Special
Land Use Tax (Fiscal
Class Desc:riDtion Sauare Foota2e Year 1990-91)
1 Single Family Detached 2,200 SF and above $1,378 per unit
2 Single Family Detached 1,800 - 2,199 SF $1,252 per unit
3 Single Family Detached < 1,800 SF $1,065 per unit
4 Attached Not Applicable $7,100 per acre
5 CommerciallIndustrial Not Applicable $7,100 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 ($0.168 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 may only be applied to Single Family Detached lots larger than the
following minimum sizes:
Class 1:
Class 2:
Class 3:
8,453 square feet
7,680 square feet
6,533 square feet
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TABLE III
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 (CommerciallIndustrial)
Assigned Special
Land Use Tax (Fiscal
Class DescriDtion Square Footal!e Year 1990-91)
1 Single Family Detached 2,200 SF and above $1,527 per unit
2 Single Family Detached 1,800 - 2,199 SF $1,388 per unit
3 Single Family Detached < 1,800 SF $1,180 per unit
4 Attached Not Applicable $7,057 per acre
5 CommerciallIndustrial Not Applicable $7,057 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 ($0.168 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 may only be applied to Single Family Detached lots larger than the
following minimum sizes:
Class 1:
Class 2:
Class 3:
9,425 square feet
8,567 square feet
7,283 square feet
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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
Class DescriDtion Sauare Footal!e 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 $6,752 per acre
5 Commerciall1ndustrial Not Applicable $6,752 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 ($0.168 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 may only be applied to Single Family Detached lots larger than the
following minimum sizes:
Class 1:
Class 2:
Class 3:
8,619 square feet
7,832 square feet
6,658 square feet
2. Undeveloped Property
The 1990-91 Maximum Special Tax for Undeveloped Property shaH be $7,300
per acre for Special Tax Area A, $7,100 per acre for Special Tax Area B,
$8,300 per acre for Special Tax Area C and $7,900 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 Tax for
Undeveloped Property shaH be increased by an amount no greater than 2.0%
of the amount in effect for the previous Fiscal Year.
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D. METHOD OF ,jPORTIONMENT OF THE St- .;;CIAL 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 Tax;
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 67 acres of Undeveloped Property
conveyed or irrevocably offered to a public agency or conveyed to a homeowners'
association (20 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 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
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or a property en, lbered with public or utility easen. LS making impractical its
utilization for other than the purposes set forth in the easement.
F. REVIEW/APPEAL COMMITIEE
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 shall 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. 1990-1 will pursue foreclosure in a timely manner.
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