HomeMy WebLinkAbout2014-068 RESOLUTION NO 2014-68
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
3 CITY OF SAN BERNARDINO AUTHORIZING THE ANNEXATION OF
4 TERRITORY GENERALLY LOCATED ON THE SOUTHWESTERLY SIDE OF
CAJON BOULEVARD, KNOWN AS 6207 N. CAJON BOULEVARD (ANNEXATION
5 NO. 8) TO COMMUNITY FACILITIES DISTRICT NO. 1033 AND AUTHORIZING
THE LEVY OF A SPECIAL TAX AND SUBMITTING THE LEVY OF TAX TO THE
6 QUALIFIED ELECTORS.
7 WHEREAS, the City of San Bernardino, California (the "City"), is a municipal
8 corporation and charter city, duly organized and existing pursuant to the provisions of the
9 Constitution of the State of California; and,
10 WHEREAS, the Mayor and Common Council of the City, on January 21, 2014,
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adopted Resolution No. 2014-19 (hereafter referred to as the "Resolution of Intention") stating
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its intention to annex territory to City of San Bernardino Community Facilities District No.
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1033 (hereafter referred to as "CFD No. 1033"), pursuant to the Mello-Roos Community
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Facilities Act of 1982, as amended (hereafter referred to as the "Act"); and,
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WHEREAS, a copy of the Resolution of Intention, which states the authorized
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facilities and services to be provided and financed by CFD No. 1033, and a description and
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map of the proposed boundaries of the territory to be annexed to CFD No. 1033 ("Annexation
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19 No. 8"), is on file with the City Clerk and is incorporated herein by this reference; and,
20 WHEREAS, on the 17th of March, 2014, the Mayor and Common Council held a
21 noticed public hearing as required by the Act and the Resolution of Intention relative to the
22 proposed annexation of territory to CFD No. 1033; and,
23 WHEREAS, at said hearing all interested persons desiring to be heard on all matters
24 pertaining to the annexation of territory to CFD No. 1033 and the levy of said special taxes
25 within the area proposed to be annexed were heard and a full and fair hearing was held; and,
26 WHEREAS, prior to the time fixed for said hearing, written protests had not been
27 filed against the proposed annexation of territory to CFD No. 1033 by (i) 50% or more of the
28 registered voters, or six registered voters, whichever is more, residing in CFD No. 1033, or
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1 (ii) 50% or more of the registered voters, or six registered voters, whichever is more, residing
2 in the territory proposed to be annexed to CFD No. 1033, or (iii) owners of one-half or more
3 of the area of land in the territory included in CFD No. 1033, or (iv) owners of one-half or
4 more of the area of land in the territory proposed to be annexed to CFD No. 1033; and,
5 WHEREAS, a boundary map for Annexation No. 8 to CFD No. 1033 has been filed
6 with the County Recorder of the County of San Bernardino, which map shows the territory to
7 be annexed in these proceedings, and a copy thereof is on file with the City Clerk.
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NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY
9 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
10 AS FOLLOWS:
11 SECTION 1. Recitals. The above recitals are all true and correct and are hereby
12 incorporated herein.
13 SECTION 2. Authorization. All prior proceedings taken by the Mayor and Common
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Council with respect to CFD No. 1033 and the proposed annexation of territory thereto have
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16 been duly considered and are hereby determined to be valid and in conformity with the Act.
17 SECTION 3. Boundaries. The description and map of the boundaries of the territory
18 to be annexed to CFD No. 1033, on file with the City Clerk are hereby approved, are
19 incorporated herein by reference, and shall be included within the boundaries of CFD No.
20 1033, and said territory is hereby annexed to CFD No. 1033, subject to voter approval of the
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levy of the special taxes therein as hereinafter provided.
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23 SECTION 4. Facilities and Services. The facilities and services which CFD No.
24 1033 is authorized to finance are in addition to those provided in or required for the territory
25 within CFD No. 1033 and the territory to be annexed to CFD No. 1033 and will not be
26 replacing services already available. A general description of the facilities and services to be
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financed is as follows:
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1 The continued operation and maintenance of the Verdemont Fire Station, including but
not limited to payment of compensation of employees, including salary and benefits,
2 maintenance and operation of fire safety vehicles and the fire station structures, any
other expenses required to keep such equipment and improvements in fit operating
3 condition and any incidental expenses (collectively, the "O&M Expenses"), and all
4 necessary administrative expenses of the City. The descriptions contained herein are
general in nature and do not necessarily include all related and appurtenant costs and
5 expenses necessary for the proposed facilities and services.
6 SECTION 5. Special Taxes. It is the intention of this legislative body that, except
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8 where funds are otherwise available, a special tax sufficient to pay for said facilities and
9 services to be provided in CFD No. 1033 and the territory proposed to be annexed as part of
10 Annexation No. 8, secured by recordation of a continuing lien against all non-exempt real
11 property in Annexation No. 8, will be levied annually within the boundaries of Annexation
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No. 8 from and after the annexation of such property to CFD No. 1033. The special taxes
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14 shall be those as originally authorized through the formation of CFD No. 1033 and adopted by
is Ordinance of this legislative body, and no changes or modifications are proposed in the
16 special taxes from those as originally set forth and made applicable to CFD No. 1033.
17 For particulars as to the rate and method of apportionment of the proposed special tax
18 (the "RMA"), reference is made to the attached and incorporated Exhibit"A," which sets forth
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in sufficient detail the method of apportionment to allow each landowner or resident within
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21 the Annexation No. 8 to clearly estimate the maximum annual amount that said person will
22 have to pay on said special tax.
23 SECTION 6 Election. The provisions of the Resolution of Intention as heretofore
24 adopted by the Mayor and Common Council are by this reference incorporated herein.
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26 (a) Pursuant to the provisions of the Act, the proposition of the levy
27 of the special tax within Annexation No. 8 shall be submitted to the
voters within Annexation No. 8 at an election called therefore as
28 hereinafter provided. The Mayor and Common Council hereby finds
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1 that fewer than 12 persons have been registered to vote within
Annexation No. 8 for each of the 90 days preceding the close of the
2 hearing heretofore conducted and concluded by the Mayor and
Common Council for the purposes of these annexation proceedings.
3 Accordingly, and pursuant to Section 53326 of the Act, the Mayor and
4 Common Council finds that for purposes of these proceedings the
qualified electors are the landowners within Annexation No. 8 and that
5 the vote shall be by said landowners, each having one vote for each
acre or portion thereof that said landowner owns in Annexation No. 8.
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7 (b) Pursuant to Section 53326 of the Act, the election shall be
conducted by mail ballot under section 1340 of the California Elections
8 Code. The Mayor and Common Council called a special election to
consider the measures described and incorporated as Exhibit `B,"
9 which election shall be held on March 17, 2014 (hereafter referred to as
10 "Election Day"). The City Clerk was the election official to conduct the
election and provided each landowner in the territory to be annexed to
11 CFD No. 1033, a ballot in the form of Exhibit "B", which form is
hereby approved. The City Clerk has accepted the ballots of the
12 qualified electors received prior to 4:00 o'clock p.m. on Election Day,
whether received by mail or by personal delivery.
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14 The Mayor and Common Council hereby further finds that the
provision of Section 53326 of the Act requiring a minimum of 90 days
15 to elapse before said election is for the protection of voters, that the
voters have waived such requirement and the date for the election
16 hereinabove specified is established accordingly.
17 in
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1
2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE ANNEXATION OF TERRITORY GENERALLY LOCATED ON
3 THE SOUTHWESTERLY SIDE OF CAJON BOULEVARD, KNOWN AS 6207 N. CAJON
BOULEVARD (ANNEXATION NO. 8) TO COMMUNITY FACILITIES DISTRICT NO. 1033 AND
4 AUTHORIZING THE LEVY OF A SPECIAL TAX AND SUBMITTING THE LEVY OF TAX TO THE
QUALIFIED ELECTORS.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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7 and Common Council of the City of San Bernardino at a joint rPg,il ar meeting
8 thereof held on the 17th day of March , 2014, by the following vote, to-wit:
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10 Council Members: AYES NAYS ABSTAIN ABSENT
11 MARQUEZ x
12 BARRIOS x
13 VALDIVIA x
14 SHORETT
x
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NICKEL x
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17 JOHNSON x
18 MULVIHILL x
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20 Georgea 1 Hanna, Clerk
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The foregoing resolution is hereby approved this / day of March , 2014.
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24 R. CAREY D IS, Mayor
City of San Bernardino
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26 Approved as to form:
GARY D. SAENZ,
27 City Attorney
28 B ,% ,
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2 EXHIBIT "A"
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4 CFD 1033
5 RATE AND METHOD
OF APPORTIONMENT
6 (RMA)
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1 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NO. 1033
2 CITY OF SAN BERNARDINO
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4 This Rate and Method of Apportionment of this Special Tax sets forth the special tax
applicable to each Assessor's Parcel within Community Facilities District No. 1033 ("CFD
5 No. 1033") of the City of San Bernardino ("City") to be levied and collected according to
the special tax liability determined by the Mayor and Common Council of the City, acting as
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the Legislative Body of CFD No. 1033. The applicable Special Tax shall be determined
7 pursuant to the application of the appropriate amount or rate as described below. All
Taxable Property within CFD No. 1033, unless exempted by law, or the provisions of
8 Section E, below, shall be subject to the applicable Special Tax levied and collected to the
9 extent and in the manner herein provided.
10 This Rate and Method of Apportionment also is provided as an explanation to allow
landowners or residents within CFD No. 1033 to estimate the Special Tax to be annually
11 levied and collected, or prepaid, as the case may be, with regard to property within CFD
12 No. 1033.
13 A. Definitions
14 "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being
15 Chapter 2.5 (commencing with Section 53311) of Division 2 of Title 5 of the
California Government Code.
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17 "Administrative Expense" means any costs incurred by the City on behalf of CFD
No. 1033 related to the determination of the amount of the annual levy of the Special
18 Tax, the collection of the Special Tax, and the other costs incurred in order to carry
out the authorized purposes of CFD No. 1033.
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20 "Special Tax" means the special tax to be levied in each Fiscal Year pursuant to
Sections C. and D. on each Assessor's Parcel for a period not to exceed 30 years
21 including the Initial Fiscal Year.
22 "Assessor's Parcel" means a parcel of land as designated on an official map of the
23 San Bernardino County Assessor which has been assigned a discrete identifying
parcel number.
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25 "Commercial/Retail/Office/Industrial Property" means property zoned for
commercial, retail, office or industrial uses or other non-residential uses.
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27 "Common Council" or "Council" means the Mayor and Common Council of the
City of San Bernardino.
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1 "Residential Property" means for any Fiscal year all Taxable Property for which a
foundation building permit for single family or multi-family units was issued prior to
2 May 1 preceding the Fiscal Year in which the Special Tax is being levied.
3 "Facilities" means the Fire Station Services as may be identified in the Community
4 Facilities District Engineer's Report prepared for CFD No. 1033 on file in the Office
of the City Clerk, or the continued operation and maintenance of the Verdemont Fire
5 Station, including but not limited to payment of compensation of employees,
6 including salaries and benefits, maintenance and operation of fire safety vehicles and
the fire station structures, any other expenses required to keep the such equipment
7 and improvements in fit operating condition and any incidental expenses
(collectively, the "O&M Expenses") to be financed by CFD No. 1033 pursuant to
8 the Act.
9
"Fiscal Year" means the period starting on July 1st and ending the following June
10 30th.
11 "In-Lieu Fee" means a one-time fee, which fee shall be deposited into an interest
12 bearing reserve account for future O&M Expenses in the following amounts and for
which a further explanation of the In-Lieu Fee will be described in an estimated cost
13 report:
14 Residential Zone $6,349.88 per residential dwelling unit as an In-
15 Lieu Fee
16 Commercial, Retail, Office Zone $44,358.47 per acre of development as set forth
17 on a site plan of development as an In-Lieu Fee
18 Industrial Zone $44,358.47 per acre of development as set forth
19 on a site plan of development as an In-Lieu Fee
20 "Land Use Class" means any of the classes of Property listed in Table 1 and Table
2, below.
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22 "Project" means any project undertaken for the purpose of development involving
the approval or issuance of any permit or entitlement for use by any governmental
23 agency and includes all such permits and entitlements for use whether classified as
24 quasi-legislative, quasi-judicial or ministerial in nature, including, but not limited to,
the adoption, amendment, approval or issuance of any general plan, specific plan,
25 master plan, zoning ordinance, tentative subdivision map, tentative parcel map, final
subdivision map, final parcel map, variance, conditional use permit, site plan, plot
26 plan, development plan, annexation, public utility connection, building permit and
27 certificate of occupancy.
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1 "Taxable Property" means all Assessor's Parcels within the boundaries of CFD No.
1033 which are not exempt from the Special Tax pursuant to the Act and the
2 provisions of Section E. herein.
3 B. Assignment to Land Use Classes
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As soon as practicable, as of May 1 for the next succeeding Fiscal Year, all Taxable
5 Property within CFD No. 1033 shall be categorized as Residential Property or either
6 Commercial/Retail/Office/Industrial Zone Property. Taxable Property shall be
subject to a Special Tax pursuant to Sections C. and D. below.
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8 C. Special Tax
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1. Residential Property
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11 The Special Tax for each Assessor's Parcel classified as Residential Property
shall be the amount determined by reference to Table 1 and the paragraphs
12 that follow Table 1.
Table 1
13 Special Tax Rates for Residential Property
14 (For the Initial Fiscal Year 2004-05)
Special
15 Land Use Class Land Use Description Tax Per Unit (2004-05)
16 1 Single Family Detached Unit $350.00
17 2 Multi-Family Unit/Attached Dwelling Unit $350.00
18 In determining the Special Tax which may be levied in any Fiscal Year, on July 1, 2005,
19 and on each July 1 thereafter, the Special Tax shall be increased by an amount not to exceed
2 % of the amount in effect for the previous Fiscal Year, up to the Fiscal Year commencing
20 July 1, 2033. The Special Tax shall terminate as to such Assessor's Parcel at the close of
the thirtieth (30th) Fiscal Year following the beginning of the Initial Fiscal Year 2004-2005,
21 i.e., the Special Tax shall terminate as of June 30, 2034.
22 2. Commercial/Retail/Office/Industrial Zone Property
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24 The Special Tax for each Assessor's Parcel classified as either Commercial,
Retail, Office, or Industrial Zone Property shall be the amount determined by
25 reference to Table 2 and the paragraphs that follow Table 2.
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1 Table 2
Special Tax Rates for Commercial/Retail/Office/Industrial Zone Property
2 (For the Initial Fiscal Year 2004-05)
Special
3 Land Use Class Land Use Description Tax Per Acre (2004-05)
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3 Commercial $2,445.00
5 4 Retail $2,445.00
5 Office $2,445.00
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6 Industrial $2,445.00
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In determining the Special Tax which may be levied in any Fiscal Year, on July 1, 2005,
8 and on each July 1 thereafter, the Special Tax shall be increased by an amount not to exceed
9 2 % of the amount in effect for the previous Fiscal Year, up to the Fiscal Year commencing
July 1, 2033. The Special Tax shall terminate as to such Assessor's Parcel at the close of
10 the thirtieth (30th) Fiscal Year following the beginning of the Initial Fiscal Year 2004-2005,
i.e., the Special Tax shall terminate as of June 30, 2034.
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12 D. Method of Apportionment of the Special Tax
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14 Commencing with Fiscal year 2004-05, and each Fiscal Year thereafter, the Council
shall determine the Special Tax to be collected from Taxable Property in CFD No.
15 1033. The Council may levy the Special Tax on all Assessor's Parcels of
Development Property by levying the Special Tax for Land Use Classes 1, 2, 3, 4, 5
16 and 6.
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18 E. Limitations
19 The Council shall not levy a Special Tax on properties owned by the State of
20 California, federal or other local governments, except as otherwise provided in
Sections 53317.3 and 53317.5 of the Act. Property which becomes the property of
21 the State of California, the federal government or other public agency is liable for
22 the Special Tax levied in the Fiscal Year during which such transfer occurs and will
be subject to the Special Tax in each Fiscal Year thereafter under the original Land
23 Use Class for such Assessor's Parcel. Such Assessor's Parcel may be exempted, at
the direction, and in the discretion, of the Council in any Fiscal Year.
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25 F. Prepayment of the Special Tax
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27 Any owner of property within CFD No. 1033 may discharge the Special Tax
obligation in full or in part, by making payment pursuant to the applicable Sections
28 F. 1. or F. 2 as follows:
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1 1. Upon the Approval of a Tentative or Parcel Map
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At the time of approval of a tentative or parcel map, the owner of such
3 residential unit may prepay the Special Tax in full or in part by making a
4 cash payment to CFD No. 1033, in which case the Special Tax for the Initial
Fiscal Year, and each Fiscal Year thereafter, shall be reduced according to
5 the following steps:
6 a. Determine the maximum prepayment if the owner were to prepay the
7 Special Tax in entirety. For example, for Projects approved prior to
July 1, 2005, the maximum prepayment for each residential unit is
8 $6,439.88 and for each acre of development as set forth on a site plan
9 of development for Commercial/Retail/Office or Industrial zone
property is $44,358.47.
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11 b. Determine the property's revised Special Tax by multiplying the
property's applicable Special Tax for the Initial Fiscal Year
12 determined pursuant to Section C. 1. by one minus the quotient
obtained by dividing the cash payment made by the owner pursuant to
13 this Section F. 1 .b. by the maximum prepayment obligation
14 determined pursuant to Section F. 1 .a. The property's revised Special
Tax for the Initial Fiscal Year, and each Fiscal Year thereafter, shall
15 be the Special Tax for the applicable land use designation (Residential
16 or Commercial/Retail/Office/Industrial zone Property) for purposes of
Sections C. and D. herein.
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2. After the Approval of the Tentative Map/Parcel Map
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19 After the time a tentative or parcel map has been approved, and prior to May
1 for the next succeeding Fiscal Year, the owner of such parcel may prepay
20 the Special Tax in full or in part by making a cash payment to CFD No.
1033, in which case the Special Tax for the applicable Fiscal Year, and each
21 Fiscal Year thereafter, shall be reduced according to the following steps:
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a. Compute the present value of the Special Tax using a period equal to
23 the lesser of the remaining term for which the Special Tax may be
24 levied on such parcel; then
25 b. Multiply the amount determined in Section F.2.a; above, by the
owner's desired prepayment percentage (which shall be a minimum of
26 twenty percent (20%) of the present value of the total Special Tax) to
27 determine the prepayment amount subject to additional adjustments as
specified below; then
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1 c. Add the following to the result of Section F.2.b.:
2 i) Unpaid special taxes, interest and penalties, if any, which have
been entered on the Assessor's tax roll; and
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4 ii) a $75 administrative charge per Assessor Parcel.
5 d. The Special Tax applicable to property utilizing a prepayment
6 percentage less than 100% shall be revised in the Fiscal Year
following the date of prepayment by multiplying such property's
7 Special Tax by the prepayment percentage actually determined in
Section F.2.b. Such property's revised Special Tax for the Fiscal Year
8 following the date of prepayment, and each Fiscal Year thereafter,
9 shall be the Special Tax for such property for purposes of Sections C.
and D. herein.
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11 In no event shall the In-Lieu Fee be increased by more than 2% per year nor shall
the Tax be increased by more than 2% per year, based upon a cost inflation formula to be
12 continued in the Estimated Cost Report and the Engineer's Report and made a part of the
formation documents for the District, from the previous year for any property located within
13 the District that was previously assessed and charged with the Tax in the immediately
14 preceding year. The Special Tax and the In-Lieu Fee shall be recalculated annually to
reflect (i) any changes in the O&M Expenses, (ii) the annexation of additional property into
15 the District, (iii) the payment of the O&M Expenses, or any portion thereof, with funds
other than the Tax, (iv) the amount of In-Lieu Fees available to be applied for the applicable
16 for which the calculation is being made, and (v) any other changes which may affect the
17 estimated O&M Expenses for such year.
18 G. Manner of Collection
19 The Special Tax will be collected in the same manner and at the same time as
20 ordinary ad valorem real property taxes. The Special Tax shall be subject to the
same penalties and the same procedure, sale and lien priority in case of a
21 delinquency as provided for with ad valorem taxes. The collection of the Special Tax
22 shall otherwise be subject to the provisions of the Act. The Common Council
reserves the power to provide for alternative means of collection of special taxes as
23 permitted by the Act.
24 H. Termination of Special Tax Levy
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Provided that Special Taxes previously levied on an Assessor's Parcel are not
26 delinquent, the lien of special taxes of CFD No. 1033 shall terminate as to such
27 Assessor's Parcel at the close of the thirtieth (30) Fiscal Year following the
beginning of the Initial Fiscal Year for such Assessor's Parcel. Furthermore,
28 provided an owner within CFD No. 1033 fully and completely discharges their
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1 special tax obligation pursuant to Sections F.1 and/or F.2, the lien of special taxes of
CFD No. 1033 shall terminate.
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Pursuant to Section 53330.5 of the Act, the Common Council shall, upon written
3 request, cause to be recorded in the official records of San Bernardino County a
4 Notice of Cessation of Special Tax Lien for each Assessor's Parcel upon termination
of the lien on such Assessor's Parcel.
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6 I. Review/Appeal Board
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The Council shall establish, as part of the proceedings and administration of CFD
8 No. 1033, a special Review/Appeal Board. Any landowner who feels that the
9 amount of the Special Tax, as to their Assessor's Parcel, is in error may file a notice
with the Review/Appeal Board appealing the amount of the levy. The
10 Review/Appeal Board shall interpret this Rate and Method of Apportionment of the
11 Special Tax and make determinations relative to the annual administration of the
special tax and any landowner appeals, as herein specified.
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1 EXHIBIT "B"
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6 OFFICIAL BALLOT
SPECIAL ELECTION
7 City of San Bernardino Community Facilities District No. 1033
Annexation No. 8
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9 This ballot is for a special landowner election. You must return this ballot in the enclosed
Identification Envelope to the office of the City Clerk of the City of San Bernardino no later than 3:00
10 p.m. on March 17, 2014, by mail or in person; or in person to the location of the public hearing no later
than 4:00 p.m. on March 17, 2014. The City Clerk's office is located at 300 N. "D" Street, 2nd Floor, San
11 Bernardino, California, 92418. The public hearing will be held at the City Council Chambers, 300 N. "D"
Street,San Bernardino,California.
12 This ballot represents 1 vote(s).
13 To vote, mark a cross (X) in the voting square after the word "YES" or after the word
14 "NO". All marks otherwise made are forbidden and make the ballot void.
15 If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of San
16 Bernardino to obtain a replacement ballot.
17 PROPOSITION A: Shall special taxes with a rate and method of
18 apportionment as set forth in Exhibit "A" to the resolution entitled "A
Resolution of the Mayor and Common Council of the City of San Bernardino,
19 California, Authorizing the Annexation of Territory Generally Located on the
Southwesterly Side of Cajon Boulevard, Known as 6207 N. Cajon Boulevard Yes
20 (Annexation No. 8) to Community Facilities District No. 1033 and Authorizing
the Levy of a Special Tax and Submitting the Levy of Tax to the Qualified
21 Electors." (the "Resolution of Annexation") be levied on taxable property within No
City of San Bernardino Community Facilities District No. 1033, Annexation No.
22 8, to pay for the continued operation and maintenance of the Verdemont Fire
Station,and incidental expenses thereto?
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24 PROPOSITION B: Shall the City of San Bernardino on behalf of City of San
Bernardino Community Facilities District No. 1033, Annexation No. 8
25 ("Annexation No. 8") establish an annual appropriations limit for Annexation Yes
No. 8, as defined by subdivision (h) of Section 8 of Article XIIIB of the
26 California Constitution,in the amount of$500,000?
No
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