HomeMy WebLinkAbout1991-06-25; City Council; NS-155; Community facilities district (CFD) 1 special tax levy...7.
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ORDINANCE NO. NS-155
ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AUTHORIZING THE
LEVY OF A SPECIAL TAX IN A COMMUNITY
FACILITIES DISTRICT
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proceedings, held a public hearing, conducted an election and received a 8
(hereinafter referred to as the "legislative body of the local Agency"), has initiated 7
WHEREAS, the City Council of the City of Carlsbad, California,
favorable vote from the qualified electors relating to the levy of a special tax in
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11 a community facilities district, all as authorized pursuant to the terms and
12 provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter
13 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California
14 (hereinafter referred to as the "Act"). This Community Facilities District shall
15 hereinafter be referred to as Communities Facilities District No. 1 (hereinafter
l6 referred to as the "District"); and
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18 I/ NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
19 ~ Carlsbad, California, as follows:
20 I SECTION 1. That the above recitals are all true and correct.
21 SECTION 2. That this Legislative body does, by the passage of this
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properties within the boundaries of the District, including any future annexations. 24
the in Exhibit "A" attached hereto, referenced and so incorporated, to all 23
Ordinance, authorize the levy of special taxes at the rate and formula as set for
26 I1 SECTION 3. That this legislative body is hereby further authorized each
27 year, by Resolution, to determine the specific special tax rate and amount to be
28 levied for the next fiscal year, except that the special tax rate to be levied shall
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not exceed that as set forth above, but the special tax may be levied at a lower
rate.
SECTION 4, Properties or entities of the State, Federal or other local
governments shall, except as otherwise provided in Section 53317.3 of the
Government Code of the State of California, be exempt from the above-referenced
and approved special tax.
SECTION 5. That proceeds of the above authorized and levied special tax
may only be used to pay, in whole or in part, the costs of the following, in the
following order of priority:
A. Payment of principal of and interest on outstanding
authorized bonded indebtedness;
B. Necessary replenishment of bond reserve funds or other
reserve funds;
C. Payment of costs and expenses of authorized public facilities
and incidental expenses pursuant to the Act; and
D. Repayment of advances and loans, as appropriate.
The proceeds of the special tax shall be levied only so long
as needed for its purpose, and shall; not be used for any other purpose.
SECTION 6. The above authorized special tax shall be collected in the
same manner as ordinary ad valorem taxes are collected and shall be subject to
the same penalties and the same procedure, sale and lien priority in case of
delinquency as is provided for ad valorem taxes.
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1 SECTION 7. The above authorized special tax shall be secured by the lien
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imposed pursuant to Section 3114.5 and 3115.5 of the Streets and Highways
4 I1 Code of the State of California, which lien shall be a continuing lien and shall
5 secure each levy of the special tax. The lien of the special tax shall continue in
6 force and effect until the special tax obligation is prepaid, permanently satisfied
7 and canceled in accordance with Section 53344 of the Government Code of the
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State of California or until the special tax ceases to be levied by the legislative
body of the local Agency in the manner provided in Section 53330.5 of said
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I2 I1 SECTION 8. This Ordinance and special tax shall be applicable for the
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referenced District, as well as any future annexations.
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specific authorization of the provisions of Section 53340 of the Government Code 15
SECTION 9. This Ordinance shall take effect upon its adoption under the
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of the State of California.
EFFECTIVE DATE: The City Clerk shall sign this Ordinance and shall
cause the same to be published within fifteen (15) days after its passage at least
once in the Carksbad Journal, a newspaper of general circulation published and 2o I 21 j circulated in this City.
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INTRODUCED AND FIRST READ at a regular meeting of the City Council
of the City of Carlsbad, California, on the 25th day of June
, 1991.
PASSED, AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad, California, on the 2nd day of July
1991, by the following vote, to wit:
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AYES: Council Members Lewis, Kulchin,Larson, Stanton and Nygaard
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
VINCENT F. BIONDO, JR., City Attorney
18 11 ATTEST:
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(SEAL)
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CITY OF CARLSBAD
COMMUNITY FACXLITIES DISTRICT NO. 1
EXHIBIT "A"
PROPERTY CATEGORIES AND MAXIMUM TAX
All taxable property within the boundaries of the Community
lities District shall be subject to ANNUAL SPECIAL TAX
applicable, based upon the property categories, maximu
rates, increases and status of the issuance of building pel
a11 as hereinafter set forth. Improvement Area I refers t
properties within the boundaries of the City of Carlsbad E
and Thoroughfare District. Improvement Area I1 is fo
remaining properties within the Community Facilities Dist
not within the Bridge & Thoroughfare District.
RESIDENTIAL PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable property prior to the issuance of a building p
shall be subject to the following maximum annual special t
subject to increases as set forth herein:
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MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPER
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991
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PROPERTY CATEGORY
IMPROVEMENT IMPROVEMENT
AREA I AREA I1
Residential Low $ 281.00 $ 277.00
Residential Low to Medium 772.00 760.00
Residential Medium 1,294.00 1,217.00
Residential Medium to High 1,984.00 1,868.00
Residential High 2,793.00 2,739.00
SPECIAL DEVELOPMENT TAX - ONE TIME
Upon the issuance of a building permit, all Residential prq.
ties shall be subject to the following described SPECIAL DEVI
MENT TAX - ONE TIME, also subject to increases as set 3
herein, as follows:
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MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PER
PROPERTY CATEGORY AREA I AREA I1 26
RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990/:
IMPROVEMENT IMPROVEMENT
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Residential High 2,810.00 2,312.00
Residential Medium to High 2,810.00 2,312.00
Residential Medium 2,810.00 2,312.00 28
Residential Low to Medium 4,452.00 3,835.00
Residential Low $ 4,452.00 $ 3 , 835.00
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COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY
ANNUAL SPECIAL TAX 7 UNDEVELOPED PROPERTY
All taxable Commercial and Industrial Property prior t
issuance of a building permit shall be subject to the foll
maximum annual special taxes, also subject to increases a
forth herein:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPE
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991
IMPROVEMENT IMPROVEMENT
AREA I AREA I1
Commercial Property $ 2,400.00 $ 1,600.00
Industrial Property 1,200.00 960.00
Agricultural Property -0- -0-
All Commercial and Industrial Property, upon the issuance
building permit, shall have the option to (1) pay the SP.
DEVELOPMENT TAX - ONE TIME or (2) assume the ANNUAL SPECIAI - DEVELOPED PROPERTY for a period of not to exceed twenty
(25) years, generally in the amounts per property categor
follows:
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MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR F
YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA
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PROPERTY CATEGORY
IMPROVEMENT
COMMERCIAL USE DESIGNATIONS AREA I
Re8taUrant - Fast Food $ 28.46
Outdoor Tennis Courts 28.14
Convenience Market 27.31
Bank with Drive-thru 18.06
Campground 17.51
Restaurant - Sit Down 15.17
Marina 14.85
Bank - Walk In 12.83
Auto - Gasoline 8.11
Grocery Store 7.78
S t L with Drive-thru 7.59
Bowling Center 6.63
Restaurant - Quality 6.57
Neighborhood Shopping Center 6.46
Auto Car Wash 6.31
S & L - Walk In 5.51
Race Track 5.10
Library 4.26
Community Shopping Center 4.24
Hospital - General 3.88
Hotel - Conv. Fac/Comm. 3.47
Auto - Repair f Sales 3.41
Regional Shopping Center 3.35
Discount Store 3.22
Golf Course 3.06
Church 2.99
Office - Government 2.93
Commercial Shops 2.90
Health Club 2.89
Motel 2.69
Office - High Rise 2.67
Office - Commercial, 100,000 SF 2.56
Lumber/Hardware Store 2.47
Office - Medical 2.42
Hospital - Convalescent 2.33
Indoor Sports Arena 2.33
Resort Hotel 2.30
University 2.26
Junior College 2.19
All other Commercial Properties 2.14
not indentif ied above
IMPROVEMEN!
AREA I1
$ 7.58
7.26
6.74
5.72
4.99
4.73
4.41
4.60
2.89
2.56
3.48
2.83
3.09
2.27
2.52
3.03
2.33
2.86
1.80
3.18
2.52
1.58
1.61
1.58
2.14
1.94
1.88
1.58
1.85
2.06
1.84
1.75
1.58
2.07
2.23
2.23
1.98
1.91
1.90
1.44
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1 IMPROVEMENT IMPROVEMEN'I
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Heliports , $ 10.63 $ 3.67 3
INDUSTRIAL USE DESIGNATIONS AREA I AREA I1
Industrial-Commercia1 Business
4 Park 2.14 1.51
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All other Industrial Properties
not identified above 1.74 1.42
OR, IN THE ALTERNATE,
ANNUAL SPECIAL TAX
The "Maximum Annual Special Tax - Developed Property" fo
Fiscal Year shall not exceed 13.81% of the authorized "ME
Special Development Tax - One Time" for the various Comm6
and Industrial Property categories as set forth above i
amount applicable and annually adjusted for each Fiscal Year
ANNUAL TAX INCREASE
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The above SPECIAL TAXES for the taxable properties are a1
able for the fiscal year 1990/91, and are all subject to i
increases to reflect increases in construction costs.
Construction Cost Index of the Engineerinq News-Record, t
"ENR Cost Indexes in 22 Cities" will be used. The
published for the month of April for the City of Los AI
under the column heading of "Percentage Change from Last
will annually inflate each of the Maximum Annual Taxes for
year for properties as follows:
18 A. PROPERTIES WITHIN THE DISTRICT: Not to exceed 50% of ti
above-referenced increase.
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TERM OF TAX 21
of the above-referenced increase until annexed.
B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed 1(
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charged and facilities funded and/or guaranteed, and the SF
The above taxes shall be levied until all bonds have been
DEVELOPMENT TAX - ONE TIME has been paid; however, the P 23
SPECIAL TAX - DEVELOPED PROPERTY shall not be levied 24 period in excess of twenty-five (25) years per parcel.
25 Residential:
.26 Once a building permit has been issued f,or Residential prc
property no longer will be subject to any annual special tar 27
and the SPECIAL DEVELOPMENT TAX - ONE TIME has been paid
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Commercial & Industrial:
The Commercial and Industrial properties, upon the issuance
building permit, have the option to (1) pay the SPECIAL DEV
MENT TAX - ONE TIME or (2) assume the ANNUAL SPECIAL :
DEVELOPED PROPERTY, as set forth above. Upon the issuanc
any building permit, no further increase or escalatic
authorized.
ALLOCATION OF COST AND TAX
Total capital costs for all authorized facilities shal
allocated as follows: 65% to Residential property, 35
Commercial & Industrial property. The above costs exclude
of issuance as needed.
Residential property shall be taxed in an amount sufficier
meet the 65% share of facilities, which tax will include 1
of issuance, interest and other costs, including sinking
payments for future construction as applicable.
Commercial & Industrial property shall be taxed in an an
sufficient to meet the 35% share of facilities, which tax
include costs of issuance, interest and other costs, incll
sinking fund payments for future construction as applicable.
COLLECTION OF ANNUAL TAX
Residential:
Determine monies necessary to make payment on bond debt 8erv
replenish reserve, call bonds, pay bonds and Community Fac
ties District No. 1 administrative COst8, and pay for pu
capital facilities. FIRST: Reduce this amount by the f
collected from Special Development Tax - One Time levied aga
residential properties. SECOND: The remaining funds needed
to be collected by the levy of the annual Special Ta
Undeveloped Property on undeveloped taxable residential acre
in the proportional amounts for each property categor]
required, not to exceed the maximum authorized tax.
Commercial and Industrial:
Determine monies necessary to make payment on bond debt serv
replenish reserve, call bonds, pay bonds and Community Fac
lies District No. 1 administrative costs, and pay for curren
future public capital facilities. FIRST: Reduce this amoun
the funds collected from Special Development Tax - One Time
annual Special Tax - Developed Property levied against com
cial and industrial properties. SECOND: Levy the an
Special Tax - Undeveloped Property on undeveloped taxable com
cial and industrial acreage in the proportional amounts for
property category as required, not to exceed the maximum tax.
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