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HomeMy WebLinkAbout1993-05-18; City Council; 12228; CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 PUBLIC HEARING- ANNEXATION OF FUTURE TERRITORY0 m PAGE TWO OF AGENDA BILL NO. /a: 9 28 It should be emphasized that this action will not force any property owner to amex CFD No. 1 at any time. The property owner must request and consent to annexation bt joining CFD No, 1, Staff anticipates that property will annex into CFD No, 1 od discretionary approval is required. If property owners are uncomfortable with the simplified annexation procedure, at public hearing they need only request exclusion and their property will be removed f the annexation boundaries. Property excluded from the simplified annexation procec will be able to join CFD No. 1 by requesting annexation through Council action depositing funds sufficient to pay for the cost of the regular proceedings. A public hea and an election will then be held; a process which is estimated to take six to nine mor Boundaries The boundaries of territory to be annexed into CFD No. 1 are shown in the attached Ed "1." The boundaries shown on the map include all vacant, undeveloped, or underdevelo land within the boundaries of the City of Carkbad with the exception of Local Facil Management Zones 1 through 4 and Zone 6. Zones 1 through 4 and Zone 6 are almost completely developed and considered "in-f: Council approved the exclusion of these zones from the boundaries of CFD No. 1 at April meeting. As property develops within Zones 1 through 4 and 6, property owners be required to pay full development fees which includes their fair share of the cost of caI projects financed by CFD No. 1. Summary of Facilities On December 11, 1990, Council adopted Resolution No. 90-432 declaring its intenti01 establish a Community Facilities District (the resolution of intention or ROI). Section I the resolution set forth a description of facilities for CFD No. 1. The facilities describec that resolution are the same as the facilities to be financed by the future territoq annexation: I. Public Facilities - new library facility, a major addition to the existing libr building, a City Hall complex, and the addition of office and warehouse facilitiei the Safety Center. Park improvements - Veterans Memorial Park (previously called Macario Can! Park). Major street improvements in portions of: Faraday Avenue, Cannon Road, La Cc Avenue, Olivenhain RoaURancho Santa Fe Road, and Leucadia Boulevard. Major bridge and overpass facilities - La Costa Interchange, Poinsettia L Interchange, and Palomar Airport Road Interchange. 11. 111. IV. No additional facilities will be necessary or provided in the annexation area and facilities as described for the existing district will serve the properties within the proPo* annexation area. 0 @ PAGE THREE OF AGENDA BILL NO. 12, a 3 8 Special Taxes Section 6 of the ROI adopted on December 11, 1990, set forth the Special Tax Community Facilities District No. 1. The Special Tax in that resolution is the same a: the future territory of annexation and is shown in Exhibit "A" to the attached resolui Exhibit "A" will allow each landowner within the future territory of annexation to cle estimate the probable annual amount and the maximum annual amount to be paid. Property to be annexed will see their maximum Special Tax escalate at the full inflatioi rate until their property annexes to CFD No. 1. Exhibit 2 shows the difference in Spf Taxes for property already within the CFD and property which annexes in FY 1992 After annexation, the maximum Special Tax will escalate at one-half the inflationary 1 Environmental Concerns The listing of the California gnatcatcher by the federal government will not affect annexation proceedings being considered by Council at this time. Because the gnatcatc is listed as threatened, proposals to develop property may be delayed and property OWI may annex at a later date than anticipated. FISCAL IMPACR When CFD No. 1 was established, it was anticipated that all vacant, undeveloped underdeveloped land as indicated on the attached boundary map would annex a developed. As the properties annexed, the necessary cash flow to finance the construc~ of the public facilities would be provided. Administrative requirements will be simplified for the developer when they reqi annexation to CFD No. 1. The Special Tax formulas, the facilities to be financed, parcels expected to annex, and the point at which annexation is required will not affected by the adoption of the simplified procedures. If any property owner would prefer to be excluded from the use of these simplil procedures, they should request exclusion at the public hearing and their property will removed from the annexation boundaries. If they later request annexation, they woulc required to pay the full cost and wait the required time limits imposed by the reg annexation procedures which include a public hearing and an election. EXHIBITS: 1. Boundary Map of Temtory for Future Annexation, Community Facilities District No. 2. 1992-93 CFD No. 1 special tax rates for established and annexation property. 3. Resolution No. 9 3 -1 78, authorizing the annexation of temtory in the future. I .. 0 BOUNDARY MAP' Em~~l TERRITORY FOR FUTURE ANNEXATION COMMUNITY FACILITIES DISTRICT NO. 1 CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CALIFORNIA IT IS INTENDED THAT ALL VACANT, UNDEVELOPED. OR UNDERDEVELOPED UNO WlTHlN THE BOUNDARIES OF THE CITY OF CARLSBAD WITH THE EXCEPTION OF THE SHADED AREA SHOWN {LOCAL FACILITY MANAGEMENT ZONES 1, 2. 3. 4. & 6) WILL BE ANNEXED TO THIS COMMUNITY FACILITIES DISTRICT W~TH THE FIRST DlsCRrnoNARy APPROVAL OTHER THAN A MASTER PLAN OR S~ECIFIC PLAN. PACIFIC OCEAN LEGEND LOCAL FACILITY -", BOUNDARY OF LOCAL FACILITY MANAGEMENT ZONE FUTURE ANNEXATION BOUNDARY - AREA NOT SUBJECT TO ANNEXATION - IN BOOK DAY OF , 1943 AT THE HOUR OF - FILED THIS - PAGE I DOWMENT NO. - of COMMUNrrY FACILITIES DlSTRlCTS IN ME OFflCE OF THE COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. ANNE'ITE EVANS COUNTY RECORDER CIN CLERK OF THE CITY OF CARLSBAD I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 CITY OF CARLSBAO. WAS APPROVED ~y THE CITY COUNCIL OF THE CITY OF CARLSBAD. STATE OF CAUFOFl?JIAa AT. A REGULAR ME€IlNG HELD ON THE - DAY OF , 1993 BY THE ADOPTION OF RESOLUTION NO. NORTH CITY CLERK OF THE ClTy OF CARLSBAD PA RESIDENTIAL UNDEVELOPED LAND USE: RESIDENTIAL LOW (RL) RESIDENTIAL LOW MEDIUM (RLM) RESIDENTIAL MEDIUM HIGH (RMH) RESIDENTIAL HIGH (RH) RESIDENTIAL MEDIUM (RM) PER NETACRE PER NE $289.43 795.1 6 1,332.82 1 2,043.52 2,876.79 I 1 I 1 NON-RESIDENTIAL UNDEVELOPED LAND USE: COMMERCIAL PROPERTY INDUSTRIAL PROPERTY AGRICULTURAL PROPERTY ' PER NETACRE PER NE $2,472.00 $: 1,236.00 0.00 RESIDENTIAL PROPERTY UNDEVELOPED LAND USE: RESIDENTIAL LOW (RL) RESIDENTIAL LOW MEDIUM (RLM) RESIDENTIAL MEDIUM (RM) RESIDENTIAL MEDIUM HIGH (RMH) RESIDENTIAL HIGH (RH) PER NET ACRE PER Nt $285.31 782.80 1,253.51 1,924.04 2,821.1 7 NON-RESIDENTIAL UNDEVELOPED LAND USE: COMMERCIAL PROPERTY INDUSTRIAL PROPERTY PER NET ACRE PER NI $1,648.00 $ 988.80 RESIDENTIAL DEVELOPED LAND USE: RL (0 - 1.5 DU/AC) RLM (1.51 TO 4.0 DU/AC) RMH (8.1 TO 15.0 DU/AC) RH (15.1 TO 23.0 DU/AC) RM (4.1 TO 8.0 DU/AC) PER DU PERDU S3,950.05 54,065.1 3,950.05 4,065.1 2,381.36 2,450.7 2,381.36 2,450.7 -HE 2,381.36 2,450.7 $4,585.56 $4,719.12 I 4,585.56 4,71 9.1 2 2,894.30 2,978.60 2,894.30 2,978.80 PER DU PERDU 2,894.30 2,97a.60 I. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 * 0 RESOLUTION NO. 93-148 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE ANNEXA- TION OF TERRITORY IN THE FUTURE TO AN EXISTING COMMUNITY FACILITIES DISTRICT WHEREAS, the CITY COUNCIL Of the CITY OF CF CALIFORNIA, (hereinafter referred to as the "legislative the local Agency"), has declared its intention, co proceedings and held a public hearing relating to the aui tion to annex territory in the future to an existing cc Facilities District pursuant to the terms and provisions "Mello-Roos Community Facilities Act of 1982", being 2.5, Part 1, Division 2, Title 5 of the Government Code State of California, and specifically Article 3.5 therec existing Community Facilities District is designl COMMUNITY FACILITIES DISTRICT NO. 1 (hereinafter referre the "District"); and, WHEREAS, it has now been determined to be within t public interest and convenience to establish a proce allow and provide for future annexations to the e District and further to specify the amount of special ta: would be levied in any future annexation area, as setting forth the terms and conditions for certificatior annexation in the future; and, WHEREAS, the area proposed to be annexed in the shall be known and designated as COMMUNITY FACILITIES NO. 1 (FUTURE ANNEXATION AREA) (hereinafter referred ta "Future Annexation Area"), and a map showing the terri 1 *. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 the area proposed to be annexed in the future ha submitted, which said map is hereby approved and a copy map shall be kept on file with the transcript of these p ings; and, WHEREAS, it has now been further determined that protests have not been received representing a majority against the future annexation proceedings. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: RECITALS SECTION 1. That the above recitals are all t correct. ANNEXATION AUTHORITY SECTION 2. That this legislative body does hereby rize €or the annexation of territory in the future purs the provisions and authorization of Section 53339.7 Government Code of the State of California. PUBLIC CONVENIENCE AND NECESSITY SECTION 3. That this legislative body hereby det that the public convenience and necessity requires a pi to allow and authorize territory to be annexed in the f\ the existing Community Facilities District in order to costs and expenses for the required and authorized facilities. BOUNDARIES SECTION 4. A description of the boundaries and t< proposed to be annexed in the future is as follows: All that property and territory propose annexed in the future to the existing Community Fa 4. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 District, as said property is shown on a map as prel approved by this legislative body, said map identified name of the existing Community Facilities District and designated as the Future Annexation Area, a copy of whicl file in the Office of the City Clerk and shall remain 01 public inspection. Future annexation proceedings can c completed with the unanimous consent of the owner or ow1 any parcel proposed for final annexation. NAME OF DISTRICT SECTION 5. The name of the existing Community Fac District is COMMUNITY FACILITIES DISTRICT NO. 1, and the d tion €or the Future Annexation Area shall be COMMUNITY TIES DISTRICT NO. 1 (FUTURE ANNEXATION AREA). FACILITIES SECTION 6. That the types of public facilities prov the existing District are those described as follows: I. Public facilities generally describ new library facility, a major addition to an existing building, a City Hall complex, and the addition of off warehouse facilities at the public safety center. 11. Park improvements generally desigi the MACARIO CANYON PARK. 111. Major street improvements in pori the following designated public streets: FARADAY AVENUE ROAD, LA COSTA AVENUE, OLIVENHAIN ROAD/RANCHO SANTA FE LEUCADIA BOULEVARD. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 26 27 28 0 e IV. Major bridge and overpass fac generally described as the LA COSTA INTERCHANGEl POINSET7 INTERCHANGE and PALOMAR AIRPORT ROAD INTERCHANGE. No additional facilities will be neces provided in the Future Annexation Area and the facili described €or the existing District will serve the pr within the Future Annexation Area. SPECIAL TAXES SECTION 7. It is the intention of this legislati that, except where funds are otherwise available, a spec sufficient to pay €or said facilities to be provided Future Annexation Area? secured by recordation of a co lien against all non-exempt real property in the Future tion Areal will be levied annually within the boundarie! Future Annexation Area. The special taxes shall be t originally authorized through the formation of the Community Facilities District and adopted by Ordinance legislative body, and no changes or modifications are in the special taxes from those as originally set forth applicable to the Community Facilities District. For particulars as to the rate and me apportionment of the proposed special tax, reference is the attached and incorporated Exhibit "A" I which sets sufficient detail the method of apportionment to al. landowner or resident within the Future Annexation clearly estimate the maximum amount that said person w to pay on said special tax. f 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 This legislative body further authoriz special taxes to pay €or capital facilities may be prep satisfied by the payment of the maximum present value special tax and all details and particulars shall be SE and adopted by Resolution of this legislative body. The proposed special taxes shall be cc in the same manner as ad valorem property taxes and c subject to the same penalties, procedure, sale and lien in any case of delinquency as applicable €or ad valorer however, as applicable, this legislative body may estab: adopt an alternate or supplemental procedure as necessary ANNEXATION EFFECTIVE DATE SECTION 8, Annexation of property in' the future I effective only with the unanimous approval of the c owners of each parcel or parcels at the time that any p proposed for annexation. Upon recepit of the written no further public hearings or additional election pro will be required. VALIDITY OF PROCEEDINGS SECTION 9. It is hereby further determined by this tive body that all annexation proceedings hereto were v in conformity with the requirements of law, and specific provisions of the "Mello-Roos Community Facilities Act of NOTICE SECTION 10. Immediately upon the receipt of a owner consent and the certification of the annexation ings, a notice of annexation shall be recorded in the C 1 2 3 4 5 6 7 8 9 10 'I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 m the County Recorder as authorized by Section 53339.8 Government Code of the State of California. PASSED, APPROVED AND ADOPTED at a regular meeting Carlsbad City Council held on the 18th day of MAY 1993, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finni NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, City Clbrk (SEAL) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 27 18 19 20 21 22 23 24 25 26 27 28 e 0 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 EXHIBIT "A" PROPERTY CATEGORIES AND MAXIMUM TAX All taxable property within the boundaries of the Future tion Area shall be subject to ANNUAL SPECIAL TAXES as ap based upon the rates as established for the original C Facilities District No. 1 and further based upon the categories, maximum tax rates, increases and status Improvement Area I refers to all properties within the ries of the City of Carlsbad Bridge and Thoroughfare D Improvement Area I1 is for all remaining properties wi Community Facilities District, not within the Bridge & T fare District. issuance of building permits, all as hereinafter set RESIDENTIAL PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable property prior to the issuance of a buildini shall be subject to the following maximum annual specia subject to increases as set forth herein: MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PRO PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/19 IMPROVEMENT IMPROVEME PROPERTY CATEGORY AREA I AREA I Residential Low $ 281.00 $ 277.0 Residential Low to Medium 772.00 760.0 Residential Medium 1,294.00 1,217.0 Residential Medium to High 1,984.00 1,868.0 Residential High 2,793.00 2,739.0 SPECIAL DEVELOPMENT TAX - ONE TIME Upon the issuance of a building permit, all Residential ties shall be subject to the following described SPECIAL MENT TAX - ONE TIME, also subject to increases as SE herein, as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 a 0 MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PE RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 199 IMPROVEMENT IMPROVEMEN PROPERTY CATEGORY AREA I AREA II Residential Low $ 4,452.00 $ 3,835.00 Residential Low to Medium 4,452.00 3,835.00 Residential Medium 2,810.00 2,312. oc Residential Medium to High 2,810.00 2,312 .OC Residential High 2,810.00 2,312. OC COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable Commercial and Industrial Property prior issuance of a building permit shall be subject to the fc maximum annual special taxes, also subject to increases forth herein: MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PRC PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/15 I MP ROV E ME b AREA I AREA 11 Commercial Property $ 2,400.00 $ 1,600.OC Industrial Property 1,200.00 960.0C IMPROVEMENT Agricultural Property -0- -0- All Commercial and Industrial Property, upon the issuan building permit, shall have the option to (1) pay the DEVELOPMENT TAX - ONE TIME or (2) assume the ANNUAL SPEC - DEVELOPED PROPERTY for a period of not to exceed twei (25) years, generally in the amounts per property cate follows: MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA PROPERTY CATEGORY IMPROVEMENT I MPROVEMI COMMERCIAL USE DESIGNATIONS AREA I AREA I Restaurant - Fast Food $ 28.46 $ 7.5: Outdoor Tennis Courts 28.14 7.21 Convenience Market 27.31 6.73 Bank with Drive-thru 18.06 5.7 Campground 17.51 4.9' Restaurant - Sit Down 15.17 4.7 J. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 0 e OR, IN THE ALTERNATE, ANNUAL SPECIAL TAX The "Maximum Annual Special Tax - Developed Property" Fiscal Year shall not exceed 13.81% of the authorized *I Special Development Tax - One Time" for the various Corn and Industrial Property categories as set forth above amount applicable and annually adjusted for each Fiscal Ye ANNUAL TAX INCREASE The above SPECIAL TAXES for the taxable properties are able for the fiscal year 1990/91, and are all subject to increases to reflect increases in construction costs Construction Cost Index of the Engineering News-Record, "ENR Cost Indexes in 22 Cities" will be used. Th published for the month of April for the City of Los will annually inflate each of the Maximum Annual Taxes f year for properties as follows: A. PROPERTIES WITHIN THE DISTRICT: Not to exceed 50% of under the column heading of "Percentage Change from La8 above-referenced increase. B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed of the above-referenced increase until annexed. TERM OF TAX The above taxes shall be levied until all bonds have bc charged and facilities funded and/or guaranteed, and the DEVELOPMENT TAX - ONE TIME has been paid; however, the SPECIAL TAX - DEVELOPED PROPERTY shall not be leviec period in excess of twenty-five (25) years per parcel. Residential: Once a building permit has been issued for Residential and the SPECIAL DEVELOPMENT TAX - ONE TIME has been p? property no longer.wil1 be subject to any annual special Commercial & Industrial: The Commercial and Industrial properties, upon the issuai building permit, have the option to (1) pay the SPECIAL MENT TAX - ONE TIME or (2) assume the ANNUAL SPECIA DEVELOPED PROPERTY, as set forth above. Upon the issi any building permit, no further increase or escalz authorized. 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1!3 19 20 21 22 23 24 25 26 27 28 0 ALLOCATION OF COST AND TAX Total capital costs for all authorized facilities SI allocated as follows: 65% to Residential property, Commercial & Industrial property. The above costs exclud of issuance as needed. Residential property shall be taxed in an amount suffic meet the 65% share of facilities, which tax will includ of issuance, interest and other costs, including sinki payments for future construction as applicable. Commercial & Industrial property shall be taxed in an sufficient to meet the 35% share of facilities, which t include costs of issuance, interest and other costs, ir sinking fund payments for future construction as applicabl COLLECTION OF ANNUAL TAX Residential: Determine monies necessary to make payment on bond debt E replenish reserve, call bonds, pay bonds and Community ties District No. 1 administrative costs, and pay for capital facilities. FIRST: Reduce this amount by th collected from Special Development Tax - One Time levied residential properties. SECOND: The remaining funds nee to be collected by the levy of the annual Special Undeveloped Property on undeveloped taxable residential in the proportional amounts for each property cate required, not to exceed the maximum authorized tax. Commercial and Industrial: Determine monies necessary to make payment on bond debt replenish reserve, call bonds, pay bonds and Community lies District No. 1 administrative costs, and pay for cu future public capital facilities. FIRST: Reduce this ai the funds collected from Special Development Tax - One ' annual Special Tax - Developed Property levied against cia1 and industrial properties. SECOND: Levy the Special Tax - Undeveloped Property on undeveloped taxable cia1 and industrial acreage in the proportional amounts property category as required, not to exceed the maximum **x 0 1) Carlsbad SUN Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to W.C.C.N. Inc. 2841 Loker Ave. East, Carlsbad, CA 92008 (619) 431-4854 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled I: I am principal clerk of the printer of the Carlsbad Sun, a newspaper of general circulation published weekly in the City of Carlsbad, County of San Diego, State of California, and which is published for the dissemination of local news and intelligence of a general character, and whi per at all times herein mentioned had and still has a bona fide subscription list of paying subs which newspaper has been established, printed and published at regular intervals in the s( Carlsbad, County of San Diego, State of California, for a period exceeding one preceding the date of publica notice hereinafter referred to; s notice of which the annexed i copy, has been published in e; and entire issue of said newspa in any supplement thereof on ing dates, to-wit: DESCRIPTION OF FUTURE ANNEXATION AREA All that area of proposed taxable land which is included within the boundaries of a map designated as FUTURE ANNEXATION AREA forthe above referenced Community Facilities District lities to be provided to serve the future annexation escribed as follows: DESCRIPTION OF FACILITIES April 15 HAIN ROADlRANCHO SANTA FE ROAD and LEUCADIA BOULEVARD. IV. Major bridge and overpass facilities generally described as the LA COSTA INTERCHANGE, POINSETTIA LANE INTERCHANGE and PALO- MAR AIRPORT ROAD INTERCHANGE. No new facilities are proposed for the Future Annexation Area. PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING HAS BEEN SCHEDIJLED FOR THE 18TH DAY OF MAY. 1993. AT THE HOUR OF 6:OO O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLA- TIMETHE LEGISLATIVEBODY 0FTHECITYOFCARLSBAD.CALIFOR- NIA, WI L HEAR ALL EVIDENCE AND TESTIMONY BY ALL IN- PAYERS, RELATING GENERALLY TO THE FOLLOWING Facilities District; TIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, AT WHICH TERESTiD PERSONS. PROPERTY OWNERS. VOTERS AND TAX- I certify under penalty of perjurj foregoing is true and correct. Ex Carlsbad, County of San Diego, A. Authorization to annex territory in the future to existing Community B. Authorization to levy special taxes in area subject to future annexa- ALL PERSONS INTERESTED. INCLUDING PROPERTY OWNERS AND REGISTERED VOTERS. MAY APPEAR AND PRESENT EVIDENCE AND TESTIMONY RELATING TO THE ANNEXATION IN THE FUTURE OF SAID TERRITORY OR THE AUTHORIZATION TO LEVY SPECIAL TAXES. ANY PROTEST PERTAINING TO THE REGULARITY OF THE PROCEEDINGS MUST BE IN WRITING. AND SHALL BE FILED WITH THE CITY CLERK OF THE LEGISLATIVE BODY ON OR BEFORE THE TIME SET FOR THE HEARING. IF A MAJORITY PROTEST IS TIMELY FILED AGAINST THE FUTURE ANNEXATION OF SAID TERRITORY, THE LEGISLASTIVE BODY SHALL ABANDON THE ANNEXATION PRO- CEEDINGS OR MODIFY THE PROCEEDINGS. IF SAID MATORITY PRO- TEST IS LIMITED TO CERTAIN FACILITIES OR SPECIAL TAX, THOSE FACILITIES OR THAT TAX SHALL BE ELIMINATED BY THE LEGISLA- SPECIAL TAX The facilities are proposed to be financed through the issuance of bonds and/or a special tax secured by recordation ofa continuing lien against all non-exempt real property in the existing Community Facilities District, as well as any future annexation areas, and for particulars as to the method of apportionment of the special tax, reference is made to the proceedings and specifically the Resolution ofFormation forthe existingCommuniiy Facili- ties District and the tax rate as approved therein. ANNEXATION EFFECTIVE DATE Annexation of property in the future shall only be effective upon the unanimous approval of the owner or owners of parcels ai the time the parcel is annexed. and no future public hearings or additional proceedings will be required for an effective annexation. INQUIRIES For any questions relating to the proceedings. or any particulars, please contact the following designated person: CHERYL ALLEN. ACTING FINANCE DIRECTOR CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD. CA 92008 TELEPHONE: (619) 434-2887 For further particulars, reference is made io the Resolution of Intention to Annex Temtory in the Future to qn existing Community Facilities Dis- trict,assaidResolution has beenapprovedandisonfilewiththetranscript of these proceedings and open for public inspection. DATED: April 12,1993 ALETHA L RAUTENKRANZ City Clerk City of Carlsbad State of California 4 e w - [PUBLICA? NOTICE OF PUBLIC HEARING 9' &43 FUTURE ANNEXATIONS TO EXISTING COM"I!I!Y FACILITIES DISTRICT NOTICE IS HEREBY GIVEN that the CITY COUNCIL of the CITY OF CARLSBAD, CALI (hereinafter referred to as the "legislative body of the local Agency"), is c to annex territory In the future to an existing Community Facilities I said existing Community Facilities District having been designated as C( FACILITIES DISTRICT NO. 1. pursuant to the provisions of the "Mello-Roos Community Facilities Act of DESCRIPTION OF FUTURE ANNEXATION AREA All that area of proposed taxable land which is included within the boundari map designated as FUTURE ANNEXATION AREA for the above referenced Community ties District. DESCRIPTION OF FACILITIES The proposed facilities to be provided to serve the future annexation a generally described as follows: I. Public facilities generally described as a new library facility, addition to an existing library building, a City Hall complex, and the addi office and warehouse facilities at the public safety center. 11. Park improvements generally designated as the MACARIO CANYON PARK. 111. Major street improvements in portions of the following designatec streets: FARADAY AVENUE, CANNON ROAD, LA COSTA AVENUE, OLIVENHAIN ROAD/RANCI FE ROAD and LEUCADIA BOULEVARD. IV. Major bridge and overpass facilities generally described as the I INTERCHANGE, POINSETTIA LANE INTERCHANGE and PALOMAR AIRPORT ROAD INTERCHANGE No new facilities are proposed for the Future Annexation Area. PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING HAS BEEN SCHEDULED FOR THE 18TI MAY, 1993, AT THE HOUR OF 6:OO O'CLOCK P.M., IN THE REGULAR MEETING PLACE LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, AT WHICH T LEGISLATIVE BODY OF THE CITY OF CARLSBAD, CALIFORNIA, WILL HEAR ALL EVIDE TESTIMONY BY ALL INTERESTED PERSONS, PROPERTY OWNERS, VOTERS AND TAXPAYERS, 1 GENERALLY TO THE FOLLOWING: A. Authorization to annex territory in the future to existing COI facilities district; B. Authorization to levy special taxes in area subject to future annexat ion. - d e e ALL PERSONS INTERESTED, INCLUDING PROPERTY OWNERS AND REGISTERED VOTE1 APPEAR AND PRESENT EVIDENCE AND TESTIMONY RELATING TO THE ANNEXATION IN THE OF SAID TERRITORY OR THE AUTHORIZATION TO LEVY SPECIAL TAXES. ANY PROTEST P ING TO THE REGULARITY OF THE PROCEEDINGS MUST BE IN WRITING, AND SHALL BE FIL THE CITY CLERK OF THE LEGISLATIVE BODY ON OR BEFORE THE TIME SET FOR THE €4 IF A MAJORITY PROTEST IS TIMELY FILED AGAINST THE FUTURE ANNEXATION OF SAID TORY, THE LEGISLATIVE BODY SHALL ABANDON THE ANNEXATION PROCEEDINGS OR MOD PROCEEDINGS. IF SAID MAJORITY PROTEST IS LIMITED TO CERTAIN FACILITIES OR TAX, THOSE FACILITIES OR THAT TAX SHALL BE ELIMINATED BY THE LEGISLATIVE BODY. SPECIAL TAX The facilities are proposed to be financed through the issuance of bonds ar special tax secured by recordation of a continuing lien against all non-exem] property in the existing Community Facilities District, as well as any annexation areas, and for particulars as to the method of apportionment special tax, reference is made to the proceedings and specifically the Resolu Formation €or the existing Community Facilities District and the tax I approved therein. ANNEXATION EFFECTIVE DATE Annexation of property in the future shall only be effective upon the uni approval of the owner or owners of parcels at the time the parcel is annexed, future public hearings or additional proceedings will be required for an ef: annexat ion. INQUIRIES For any questions relating to the proceedings, or any particulars, please ( the following designated person: CHERYL ALLEN, ACTING FINANCE DIRECTOR CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 TELEPHONE: (619) 434-2867 For further particulars, reference is made to the Resolution of Intention to Territory in the Future to an existing Community Facilities District, a: Resolution has been approved and is on file with the transcript of these proce and open for public inspection. DATED : 1s , 1993. V L CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA 0 LAW OFI~ICES 12770 HIGti BLUFF hve, SUITE 240 SAN DIEGO, CALIFORNIA 92130 BROWN, DIVEN & HENTSCHKE 0 NtWl'ORT BEAC Lcx ANGEL F. MACKENLIE BROWN* WARREN B. DIVEN DANIELS. HENTSCHKE (619) 456-1915 ROBERT E. HESELL FAX 259-0292 *A PROFESSIONAL CORPORATION April 16, 1993 Cheryl Allen, Assistant Finance Director City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 RE: COMMUNITY FACILITIES DISTRICT NO. 1 FUTURE ANNEXATIONS Dear Cheryl: Enclosed herein please find the following documents for the public heari scheduled for May 18, 1993: 1. ORDER OF PROCEDURE 2. RESOLUTION AUTHORIZING THE ANNEXATION OF TERRITORY IN THE FUTURE TO AN EXISTING COMMUNITY FACILITIES DISTRICT *x* Please note that a copy of the AGENDA for this meeting must be posted in a freely accessible to the general public at least 72 hours before the time said meeting where action will be taken on this Community Facilities District, -S on file now in the Office of the City Clerk should be the proposed Boundar territory to be annexed in the future. RESOLUTION Through the adoption of the enclosed Resolution, the legislative bod] generally be accomplishing the following: The RESOLUTION AUTHORIZING ANNEXATION OF TERRITORY IN THE FUTURE TO AN EX COMMUNITY FACILITIES DISTRICT is the formal action authorizing future annex without further hearing or election proceedings by the legislative body. WRITTEN COMM"ICATI0NS Please note that as written communcations are filed regarding the proceedings should be distributed as follows: A. Each member of the legislative body B. Office of Bond Counsel C. Office of Special Tax Consultant e 0 Cheryl Allen, Assistant Finance Director City of Carlsbad April 16, 1993 Page Two SUBSEQUENT ANNEXATION PROCEEDINGS Upon conclusion of the public hearing, this office will be transmitting to documentation necessary to conclude any successful annexation which does req unanimous consent of the property owner owning the property proposed for anr The documents to be transmitted are as follows: - Property Owner Consent and Ballot - Resolution Concluding Annexation Proceedings - Notice of Special Tax Lien for Annexation Area - Certificate of Compliance CONFORMED COPIES I would appreciate receiving conformed copies of all Resolutions previously a in connection with this District. As soon as available, and prior to the hearing, it ie necessary for our office to review the Certificate of Complian well as the affidavit of publication on the intention to annex territory future. Very truly yours, F. MACKENZIE BROWN FMB : bd cc: Aletha Rautenkranz, City Clerk Barbara Hale; Kadie-Jensen, Johnson & Bodnar e 0 CITY OP CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 FUTURE ANNEXATIONS DATE OF PUBLIC HEARING: MAY 18, 1993 PUBLIC HEARING TO BE CONSIDERED: AUTHORIZATION TO ANNEX TERRITORY IN THE FUTURE TO AN EXISTING COMMUNITY FACILITIES DISTRICT MAYOR: Announce that this is the time and place for the public relating to the intent and authorization to annex territor] future to an existing Community Facilities District. CITY CLERK: Announce that notice of the public hearing has been give Certificate of Compliance is on file relating to the fc notice: - PUBLICATION of Notice of Public Hearing on Future Annexations to Existing Communty Facilities District STAFF: General presentation of the following: A. Boundaries of existing Community Facilities District B. Boundaries of territory proposed to be annexed in the future to the existing District. ALL WRITTEN PROTESTS SHOULD BE COPIED AND DELIVERED TO EACH MEMBER OF THE LEC BODY FOR REVIEW PRIOR TO THE PUBLIC HEARING. END OF STAFF REPORT - OPEN FOR PUBLIC DISCUSSION MAYOR : REQUEST THAT EACH PERSON WHO SPEAKS GIVE HIS NAME AND ADDF STATE WHETHER HE IS A PROPERTY OWNER OR A REGISTERED VOTER. First, ask to hear from anyone who wishes to protest c against the authority to annex territory in the futur existing District. Next, ask €or those who wish to speak in favor of the procee STAFF : Final presentation of protest count of registered voj owners, if any. MAYOR: Declare the public hearing CLOSED. 0 0 ORDER OF PROCEDURE CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 FUTURE ANNEXATIONS PAGE TWO DATE OF PUBLIC HEARING: MAY la, 1993 IF THE LEGISLATIVE BODY WISHES TO PROCEED: CITY COUNCIL: Adopt RESOLUTION AUTHORIZING THE ANNEXATION OF TE IN THE FUTURE TO AN EXISTING COMMUNITY FACILITIES DI ***** 1 2 3 4 5 6 7 8 9 1u 17 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 26 27 28 0 m RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TION OF TERRITORY IN THE FUTURE TO AN EXISTING COMMUNITY FACILITIES DISTRICT CARLSBAD, CALIFORNIA, AUTHORIZING THE ANNEXA- WHEREAS, the CITY COUNCIL Of the CITY OF CA CALIFORNIA, (hereinafter referred to as the "legislative the local Agency"), has declared its intention, co proceedings and held a public hearing relating to the aut tion to annex territory in the future to an existing Cc Facilities District pursuant to the terms and provisions "Mello-Roos Community Facilities Act of 1982", being 2.5, Part 1, Division 2, Title 5 of the Government Code State of California, and specifically Article 3.5 thereo existing Community Facilities District is design; COMMUNITY FACILITIES DISTRICT NO. 1 (hereinafter referre the "District") ; and, WHEREAS, it has now been determined to be within t public interest and convenience to establish a proce allow and provide for future annexations to the e District and further to specify the amount of special tax would be levied in any future annexation area, as setting forth the terms and conditions for certification annexation in the future: and, WHEREAS, the area proposed to be annexed in the shall be known and designated as COMMUNITY FACILITIES D NO. 1 (FUTURE ANNEXATION AREA) (hereinafter referred to "Future Annexation Area"), and a map showing the terri. 0 the area proposed to be annexed in the future h submitted, which said map is hereby approved and a copy map shall be kept on file with the transcript of these ings; and, 1 2 3 4 5 6 7 8 WHEREAS, it has now been further determined that protests have not been received representing a majority against the future annexation proceedings. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: RECITALS 9 SECTION 1. That the above recitals are all t 10 11 12 13 14 15 16 17 correct. ANNEXATION AUTHORITY SECTION 2. That this legislative body does herebi rize €or the annexation of territory in the future pur the provieions and authorization of Section 53339.7 Government Code of the State of California. PUBLIC CONVENIENCE AND NECESSITY SECTION 3. That this legislative body hereby del that the public convenience and necessity requires a p to allow and authorize territory to be annexed in the f the existing Community Facilities District in order to costs and expenses for the required and authorizet facilities. IS 19 20 21 22 23 24 25 26 27 28 BOUNDARIES SECTION 4. A description of the boundaries and tc proposed to be annexed in the future is as follows: All that property and territory proposc annexed in the future to the existing Community Fa e 0 District, as said property is shown on a map as pr approved by this legislative body, said map identified name of the existing Community Facilities District and designated as the Future Annexation Area, a copy of whij file in the Office of the City Clerk and shall remain public inspection. Future annexation proceedings can completed with the unanimous consent of the owner or 01 any parcel proposed for final annexation. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 26 27 28 NAME OF DISTRICT SECTION 5. The name of the existing Community Fa( District is COMMUNITY FACILITIES DISTRICT NO. 1, and the tion for the Future Annexation Area shall be COMMUNITY TIES DISTRICT NO. 1 (FUTURE ANNEXATION AREA). FACILITIES SECTION 6. That the types of public facilities proT the existing District are those described as follows: I. Public facilities generally describ new library facility, a major addition to an existing building, a City Hall complex, and the addition of off warehouse facilities at the public safety center. 11. Park improvements generally desigr: the MACARIO CANYON PARK. 111. Major street improvements in port the following designated public streets: FARADAY AVENUE, ROAD, LA COSTA AVENUE, OLIVENHAIN ROAD/RANCHO SANTA FE R LEUCADIA BOULEVARD. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 15 19 20 21 22 23 24 25 26 27 28 0 a IV. Major bridge and overpass fac generally de8cribed as the LA COSTA INTERCHANGE, POINSET' INTERCHANGE and PALOMAR AIRPORT ROAD INTERCHANGE. No additional facilities will be nece~ provided in the Future Annexation Area and the facilj described for the existing District will serve the pr within the Future Annexation Area. SPECIAL TAXES SECTION 7. It is the intention of this legislati that, except where funds are otherwise available, a spec sufficient to pay for said facilities to be provided Future Annexation Area, secured by recordation of a co: lien against all non-exempt real property in the Future tion Area, will be levied annually within the boundarieE Future Annexation Area. The special taxes shall be t originally authorized through the formation of the c Community Facilities District and adopted by Ordinance legislative body, and no changes or modifications are I in the special taxes from those as originally set forth a applicable to the Community Facilities District. For particulars as to the rate and me apportionment of the proposed special tax, reference is the attached and incorporated Exhibit "A", which sets f sufficient detail the method of apportionment to all( landowner or resident within the Future Annexation A clearly estimate the maximum amount that said person wi to pay on said special tax. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 -. -- 0 0 This legislative body further authori special taxes to pay €or capital facilities may be pre satisfied by the payment of the maximum present value special tax and all details and particulars shall be SI and adopted by Resolution of this legislative body. The proposed special taxes shall be c in the same manner as ad valorem property taxes and ! subject to the same penalties, procedure, sale and lien in any case of delinquency as applicable for ad valorer however, as applicable, this legislative body may estab: adopt an alternate or supplemental procedure as necessary ANNEXATION EFFECTIVE DATE SECTION 8. Annexation of property in the future s effective only with the unanimous approval of the 0 owners of each parcel or parcels at the time that any p; proposed for annexation. Upon recepit of the written ( no further public hearings or additional election proc will be required. VALIDITY OF PROCEEDINGS SECTION 9. It is hereby further determined by this 1 tive body that all annexation proceedings hereto were va in conformity with the requirements of law, and specifica provisions of the "Mello-Rooa Community Facilities Act Of NOTICE SECTION 10. Immediately upon the receipt of a p owner consent and the certification of the annexation F ings, a notice of annexation shall be recorded in the Of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 0 0 the County Recorder as authorized by Section 53339.8 Government Code of the State of California. PASSED, APPROVED AND ADOPTED at a regular meeting Carlsbad City Council held on the day of 1993, by the following vote, to wit: AYES: NOES: ABSENT: CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 EXHIBIT "A" PROPERTY CATEGORIES AND MAXIMUM TAX All taxable property within the boundaries of the Future tion Area shall be subject to ANNUAL SPECIAL TAXES as aF based upon the rates as established for the original C Facilities District No. 1 and further based upon the categories, maximum tax rates, increases and status issuance of building permits, all as hereinafter se. Improvement Area I refers to all properties within the ries of the City of Carlsbad Bridge and Thoroughfare D Improvement Area I1 is for all remaining properties wi Community Facilities District, not within the Bridge & T fare District. RESIDENTIAL PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable property prior to the issuance of a buildin shall be subject to the following maximum annual specia subject to increases as set forth herein: MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PRO PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/19 IMPROVEMENT IMPROVEME PROPERTY CATEGORY AREA I AREA I Residential Low $ 281.00 $ 277.0 Residential Low to Medium 772.00 760.0 Residential Medium 1,294.00 1,217.0 Residential Medium to High 1,984.00 1,868.0 Residential High 2 , 793.00 2 , 739.0 SPECIAL DEVELOPMENT TAX - ONE TIME Upon the issuance of a building permit, all Residential ties shall be subject to the following described SPECIAL MENT TAX - ONE TIME, also subject to increases as SE herein, a8 follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 0 m MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PI RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 19: IMPROVEMENT IMPROVEMEI PROPERTY CATEGORY AREA I AREA I' Residential Low $ 4,452.00 $ 3,835.0( Residential Low to Medium 4,452.00 3,835 .O( Residential Medium 2,810.00 2,312.01 Residential Medium to High 2,810.00 2,312.01 Residential High 2,810.00 2,312.0t COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable Commercial and Industrial Property prior issuance of a building permit shall be subject to the fl maximum annual special taxes, also subject to increases forth herein! MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PRI PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1 IMPROVEMENT IMPROVEME AREA I AREA I Commercial Property $ 2,400.00 $ 1,600.0 Industrial Property 1,200.00 960.0 Agricultural Property -0- -0- All Commercial and Industrial Property, upon the issuan building permit, shall have the option to (1) pay the DEVELOPMENT TAX - ONE TIME or (2) assume the ANNUAL SPE( - DEVELOPED PROPERTY for a period of not to exceed twe (25) yearsl generally in the amounts per property cat€ follows: MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA PROPERTY CATEGORY IMPROVEMENT IMPROVEM COMMERCIAL USE DESIGNATIONS AREA I AREA I Restaurant - Fast Food $ 28.46 $ 7.5 Outdoor Tennis Courts 28.14 7.2 Convenience Market 27.31 6.7 Bank with Drive-thru 18.06 5.7 Campground 17.51 4.9 Restaurant - Sit Down 15.17 4.7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 0 e OR, IN THE ALTERNATE, ANNUAL SPECIAL TAX The "Maximum Annual Special Tax - Developed Property" Fiscal Year shall not exceed 13.81% of the authorized Special Development Tax - One Time" for the various Co and Industrial Property categories as set forth above amount applicable and annually adjusted for each Fiscal Y ANNUAL TAX INCREASE The above SPECIAL TAXES for the taxable properties are able for the fiscal year 1990/91, and are all subject t increases to reflect increases in construction cost Construction Cost Index of the Engineering News-Record, "ENR Cost Indexes in 22 Cities" will be used. TI published for the month of April for the City of Los under the column heading of "Percentage Change from La will annually inflate each of the Maximum Annual Taxes year €or properties as follows: A. PROPERTIES WITHIN THE DISTRICT: Not to exceed 50% of above-referenced increase. B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed of the above-referenced increase until annexed. TERM OF TAX The above taxes shall be levied until all bonds have bc charged and facilities funded and/or guaranteed, and the DEVELOPMENT TAX - ONE TIME has been paid; however, thc SPECIAL TAX - DEVELOPED PROPERTY shall not be levie period in excess of twenty-five (25) years per parcel. Residential: Once a building permit has been issued for Residential and the SPECIAL DEVELOPMENT TAX - ONE TIME has been p, property no longer will be subject to any annual special Commercial & Industrial: The Commercial and Industrial properties, upon the issuai building permit, have the option to (1) pay the SPECIAL MENT TAX - ONE TIME or (2) assume the ANNUAL SPECIA DEVELOPED PROPERTY, as set forth above. Upon the issl any building permit, no further increase or escals authorized. I) I' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 * * ALLOCATION OF COST AND TAX Total capital costs for all authorized facilities s allocated a8 fOllow8: 65% to Residential property, Commercial & Industrial property. The above costs excluc of issuance as needed. Residential property shall be taxed in an amount suffic meet the 65% share of facilities, which tax will includ of issuance, interest and other costs, including sinki payments for future construction as applicable. Commercial 61 Industrial property shall be taxed in an sufficient to meet the 35% share of facilities, which t include costs of issuance, interest and other costs, ii sinking fund payments for future conetruction as applicab: COLLECTION OF ANNUAL TAX Residential: Determine monies necessary to make payment on bond debt E replenish reserve, call bonds, pay bonds and Community ties District No. 1 administrative costs, and pay for capital facilities. FIRST: Reduce this amount by th collected from Special Development Tax - One Time levied residential properties. SECOND: The remaining funds ne€ to be collected by the levy of the annual special Undeveloped Property on undeveloped taxable residential a in the proportional amounts for each property catec required, not to exceed the maximum authorized tax. Commercial and Industrial: Determine monies necessary to make payment on bond debt s replenish reserve, call bonds, pay bonds and Community lies District No. 1 administrative costs, and pay for cur future public capital facilities. FIRST: Reduce this am! annual Special Tax - Developed Property levied against cial and industrial properties. SECOND: Special Tax - Undeveloped Property on undeveloped taxable cial and industrial acreage in the proportional amounts f' property category as required, not to exceed the maximum t the fund8 collected from Special Development Tax - One T Levy the kt* I) e CERTIFICATE OF COMPLIANCE WITH NOTICE REQUIREMENTS COMMUNITY FACILITIES DISTRICT NO. 1 FUTURE ANNEXATIONS STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSBAD ALETHA RAUTENKRANZ, under penalty of perjury, CERTIFIES AS FOLLOWS: The undersigned is now, and at all times mentioned herein was, the duly w qualified and acting CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA, and a accomplished the notice requirements in connection with the referenced Cc Facilities District, as noted: e L( PUBLICATION (CARLSBAD SUN) The NOTICE OF PUBLIC HEARING ON FUTURE ANNEXATIONS was published on the 15' flPQ)L , 1993, said publication being accomplished at least seven ( prior to the date set for the public hearing. RECORDING A copy of the proposed FUTURE ANNEXATION BOUNDARY MAP of the annexation a filed in the Office of the County Recorder within fifteen (15) days af adoption of the Resolution Setting Hearing, said filing being accomplished q+' day of fiP(71 L , 1993. POSTING A copy of the AGENDA for the meeting of April 6, 1993, was posted in a accessible to the general public at least 72 hours before the time set f meeting; said posting being accomplished on the aNn day of fiP(I 1 L 1993. EXECUTED this ISyh day of fipfl1 L , 1993, at Carlsbad, California. apeIbt,.L CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA ..