HomeMy WebLinkAbout2005-11-15; City Council; 18343; Community Facilities District No. 3CITY OF CARLSBAD -AGENDA BILL I AB# 18,343
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DEPT. CLK
COMMUNITY FACILITIES DISTRICT NO. 3
RECOMMENDED ACTION:
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DEPT.HD.
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ClTYAlTY. kf
Adopt Ordinance No. NS-777 authorizing the levy of a special tax in Improvement Area 1
and Improvement Area 2 of Community Facilities District No. 3.
ITEM EXPLANATION:
Ordinance No. NS-777 was introduced and first read at the City Council meeting held on
November 8, 2005. The second reading allows the City Council to adopt the ordinance,
which would then become effective in thirty days. The City Clerk will have the ordinance
published within fifteen days, if adopted.
FISCAL IMPACT:
See Agenda Bill No. 18,335 on file with the City Clerk.
EXHIBIT:
1. Ordinance No. NS-777.
DEPARTMENT CONTACT: Sheila Cobian (760) 434-2927, scobi @ci . carlsbad. ca. us
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Exhibit 1
ORDINANCE NO. NS-777
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ACTING AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 3
AUTHORIZING THE LEVY OF A SPECIAL TAX IN
IMPROVEMENT AREA 1 AND IMPROVEMENT AREA 2 OF
SUCH COMMUNITY FACILITIES DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA (the “City
Council”), has initiated proceedings, held a public hearing, conducted an election and received a
favorable vote from the qualified electors authorizing the levy of separate special taxes in
separate improvement areas of a community facilities district, all as authorized pursuant to the
terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5,
Part 1. Division 2, Title 5 of the Government Code of the State of California (the “Act”). This
Community Facilities District is designated as COMMUNITY FACILITIES DISTRICT NO. 3 (the
“District”) and the improvement areas therein are designated as IMPROVEMENT AREA 1 and
IMPROVEMENT AREA 2 (individually, an “Improvement Area” and collectively, the
“Improvement Areas”).
THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACTING AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 3, DOES HEREBY
ORDAIN AS FOLLOWS:
1. This City Council does, by the passage of this ordinance, authorize (a) the levy of
special taxes on taxable properties located in Improvement Area 1 pursuant to the Rate and
Method of Apportionment of Special Taxes as set forth in Exhibit “A attached hereto and
incorporated herein by this reference (the “Improvement Area 1 Rate and Method”) and (b) the
levy of special taxes on taxable properties located in Improvement Area 2 pursuant to the Rate
and Method of Apportionment of Special Taxes as set forth in Exhibit “B attached hereto and
incorporated herein by this reference (the “Improvement Area 2 Rate and Method”).
2. This City Council, acting as the legislative body of the District, is hereby further
authorized, by Resolution, to annually determine the special tax to be levied within Improvement
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Area 1 and Improvement Area 2 for the then current tax year or future tax years; provided,
however, the special tax to be levied in Improvement Area 1 shall not exceed the maximum
special tax authorized to be levied pursuant to the Improvement Area 1 Rate and Method and
the special tax to be levied in Improvement Area 2 shall not exceed the maximum special tax
authorized to be levied pursuant to the Improvement Area 2 Rate and Method.
3. The special taxes herein authorized to be levied within the Improvement Areas,
to the extent possible, shall be collected in the same manner as ad valorem property taxes and
shall be subject to the same penalties, procedure, sale and lien priority in any case of
delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a
direct billing procedure for any special taxes that cannot be collected on the County tax roll or
may, by resolution, elect to collect the special taxes at a different time or in a different manner if
necessary to meet its financial obligations.
4. The special taxes authorized to be levied in each Improvement Area shall be
secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and
Highways Code of the State of California, which lien shall be a continuing lien and shall secure
each levy of the special tax. The lien of the special tax shall continue in force and effect until
the special tax obligation is prepaid, permanently satisfied and canceled in accordance with
Section 53344 of the Government Code of the State of California or until the special tax ceases
to be levied by the City Council in the manner provided in Section 53330.5 of said Government
Code.
5. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen
(15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a
newspaper of general circulation in the City pursuant to the provisions of Government Code
Section 36933.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the
8th ,dayof November 2005, and thereafter
PASSED AND ADOPTED at a regular meeting of said City Council held on the 15th day of
November , 2005, by the following vote:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED AS TO FORM AND LEGALITY:
l/-tL - 0 f RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
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EXHIBIT A
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NO. 3
IMPROVEMENT AREA 1
OF THE CITY OF CARLSBAD
A Special Tax shall be levied and collected in Improvement Area 1 ("IA 1 ") of Community Facilities
District No. 3 (the "CFD No. 3") of the City of Carlsbad each Fiscal Year, in an amount determined
by the City Council of the City of Carlsbad acting in its capacity as the legislative body of CFD No.
3 through the application of the procedures described below. All of the real property in IA 1 , unless
exempted by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner
herein provided.
A. DEFINITIONS
The terms used herein shall have the following meanings:
"Acquisition Agreement" means that certain Acquisitioflinancing Agreement pursuant to
which public improvements, authorized to be financed by CFD No. 3, are acquired by the
City from the proceeds of Bonds or Special Taxes, as such agreement may be modified,
amended and/or supplemented from time to time, and any instrument replacing or
supplementing the same.
"Acreage" or "Acre" of an Assessor's Parcel means (i) prior to the recordation of a Final
Subdivision Map that acreage shown on the Assessor's Parcel Map for each such Assessor's
Parcel less the acreage, as shown on a tentative map or similar land use entitlement approved
by the City, to be owned by, irrevocably offered or dedicated to, or for which an easement
for purposes of public right-of-way or other public purpose will be granted to the federal
government, the State of California, the County, the City, or any local government or other
public agency or designated with specific boundaries and acreage as open space and (ii) after
recordation of a Final Subdivision Map that acreage shown on or determined from the
applicable Final Subdivision Map for each such Assessor's Parcel. For Condominiums, the
Acreage applicable to each Condominium shall be determined by allocating the acreage of
the underlying lot on which the Condominiums are or are to be constructed in proportion to
each such Condominium's building square footage.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter
2.5, Part 1 , Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the following actual or reasonably estimated costs
directly related to the administration of IA 1, including, but not limited to, the costs of
IA 1 of CFD No. 3 Page 1 of 11
EXHIBIT A
computing the Special Taxes and of preparing the annual Special Tax collection schedules;
the costs of collecting the Special Taxes; the costs of remitting the Special Taxes to the fiscal
agent or trustee for any Bonds; the costs of the fiscal agent or trustee (including its legal
counsel) in the discharge of the duties required of it under any Indenture; the costs of the
City, or designee thereof, in complying with the disclosure requirements of applicable
federal and state securities laws and of the Act, including public inquiries regarding the
Special Taxes, the costs associated with the release of funds from any escrow account (to the
extent not paid from other sources).
"Annual Maximum Special Tax" means the maximum Special Tax, determined in
accordance with Section C and escalated in accordance with Section D that can be levied by
the Council in any Fiscal Year on any Assessor's Parcel.
"Assessor's Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an
assigned Assessor's Parcel number.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating
parcels by Assessor's Parcel number.
"Bonds" means any bonds or other debt (as defined in the Act), whether in one or more
series, secured by the levy of Special Taxes within IA 1.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and providing for the levy and collection of
Special Taxes.
"CFD No. 3" or "District" means Community Facilities District No. 3 of the City of
Car 1 s bad.
"City" means the City of Carlsbad, California.
"Condominium" means a separate interest or unit meeting the statutory definition of a
condominium contained in the California Civil Code, Section 1351, and for which a
condominium plan has been recorded pursuant to California Civil Code, Section 1352.
"Council" means the City Council of the City, acting as the legislative body of CFD No. 3.
"County" means the County of San Diego, California.
"Developable Property" means all Taxable Property, exclusive of Final Map Property.
"Exempt Property" means all property located within the boundaries of IA 1 that is exempt
from the Special Tax pursuant Section F below.
IA 1 of CFD No. 3 Page 2 of 11
EXHIBIT A
"Final Map Property" means all Taxable Property included within a Final Subdivision
Map which is approved by City Council prior to March 1 of each Fiscal Year.
"Final Subdivision Map" means a subdivision of property created by recordation of a final
map or parcel map approved by the City pursuant to the Subdivision Map Act (California
Government Code Section 66410 et seq.), a lot line adjustment or recordation of a
condominium plan pursuant to California Civil Code 1352.
"Fiscal Year" means the period starting on each July 1 and ending on the following June
30.
"IA 1" or "Improvement Area 1" means Improvement Area No. 1 of the District.
"Improvement" or "Improvements" means an improvement or improvements authorized
to be acquired by the City pursuant to the terms and conditions of the Acquisition
Agreement.
"Improvement Costs" means the estimated cost to construct the Improvements as set forth
in Exhibit B to the Acquisition Agreement.
"Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or
other instrument pursuant to which Bonds are issued, as modified, amended and/or
supplemented from time to time, and any instrument replacing or supplementing the same.
"Index" means for the purpose of calculating the escalation ofthe Annual Maximum Special
Tax each Fiscal Year, the lesser of (a) the annual percentage increase, if any, in the
"Construction Cost Index for ENR 20 Cities" for the City of Los Angeles as published in the
"Engineering News Record" for the twelve-month period ending with the month of March
preceding each Fiscal Year or (b) 3%.
"Open Space" means property within the boundaries of IA 1 which, prior to March 1' of the
preceding Fiscal Year, (a) has been designated with specific boundaries and acreage on a
tentative map or Final Subdivision Map as open space, (b) is classified by the County
Assessor as open space by the County assigning a zero assessed value, (c) has been
irrevocably offered for dedication as open space to the federal government, the State of
California, the County, the City, or any other public agency or (d) is encumbered by an
easement or other restriction required by the City limiting the use of such property to open
space.
"Public Property" means property within the boundaries of IA I which prior to March 1''
of the preceding Fiscal Year is owned by, irrevocably offered or dedicated by Final
Subdivision Map or other recorded document, or for which an easement for purposes of
IA 1 of CFD No. 3 Page 3 of 11
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EXHIBIT A
public right-of-way, habitat mitigation preserve, pedestrian trails or other public purpose has
been granted to the federal government, the State of California, the County, the City, or any
local government or other public agency. Notwithstanding the foregoing, the leasehold
interest or other possessory interest granted by any public agency in property owned by such
public agency,to a private entity or person shall be subject to taxation under Section 53340.1
of the Act and shall be classified as Taxable Property.
"Special Tax" means the Special Tax to be levied in each Fiscal Year on each Assessor's
Parcel of Taxable Property within a Zone to fund the Special Tax Requirement.
"Special Tax Requirement" means:
(a) that amount required in any Fiscal Year prior to the issuance of Bonds to:
(1) pay the Administrative Expenses; and
(2) pay directly for acquisition or construction of the aggregate
Improvements in proportion to the allocation of the Improvement
Costs to IA 1 specified in Appendix A attached hereto but only to the
extent such costs are not expected to be funded with the proceeds of
the Bonds;
or (b) that amount required in any Fiscal Year after the issuance of Bonds to:
(1) pay the Administrative Expenses,
(2) pay debt service on any outstanding Bonds,
(3) replenish any reserve funds attributable to IA 1 and established in
connection with Bonds,
(4) pay the costs of remarketing, credit enhancement and liquidity
facility fees (including such fees for instruments that serve as the
basis of a reserve fund in lieu of cash related to any Bonds),
(5) pay directly for acquisition or construction of the Improvements of
IA 1, but only to the extent such costs cannot be funded with the
proceeds of Bonds, and
(6) less available funds as directed under the Indenture.
IA 1 of CFD No. 3 Page 4 of 11
EXHIBIT A
Zone A
Zone B
“Taxable Property” means all property located within the boundaries of IA 1 that is not
Exempt Property.
$1 5,24 1 .OO
$7,265 .OO
“Zone” means either Zone A or Zone B.
“Zone A” means that specific geographic area as depicted on the boundary map for CFD
No. 3 and designated as Zone A.
“Zone B” means that specific geographic area as depicted on the boundary map for CFD No.
3 and designated as Zone B.
B. CLASSIFICATION OF PROPERTY
Prior to the beginning of each Fiscal Year, all property within IA I shall be classified as
either Taxable Property or Exempt Property. Taxable Property shall be further classified as
Final Map Property or Developable Property.
C. ANNUAL MAXIMUM SPECIAL TAX
The Annual Maximum Special Tax per Acre for Fiscal Year 2005-2006 for all Taxable
Property is shown in Table 1 below:
Table 1
Annual Maximum Special Tax per Acre
For Fiscal Year 2005-2006
D. ESCALATION OF THE ANNUAL MAXIMUM SPECIAL TAX
Each Fiscal Year beginning Fiscal Year 2006-07, the Annual Maximum Special Tax shall
escalate at the applicable Index. The escalation shall cease in the Fiscal Year following the
earlier of (1) the completion of the construction and acquisition of all of the Improvements
pursuant to the Acquisition Agreement or (2) the sale of the final series of Bonds.
IA 1 of CFD No. 3 Page 5 of 11
EXHIBIT A
E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
F.
Commencing with Fiscal Year 2006-2007 and for each following Fiscal Year, the CFD
Administrator shall determine the Special Tax Requirement. Prior to the issuance of Bonds,
the Special Tax shall be levied only on Final Map Property, in equal percentages, as
necessary to fund the Special Tax Requirement up to 100% of the applicable Annual
Maximum Special Tax. After the issuance of Bonds, the Special Tax shall be levied on each
Assessor’s Parcel of Taxable Property to fund the Special Tax Requirement as follows:
First: The Special Tax shall be levied in equal percentages on each Assessor’s Parcel of
Taxable Property, exclusive of Open Space Property and Public Property, up to 100% of the
applicable Annual Maximum Special Tax; and
Second: If additional Special Taxes are needed after the first step, the Special Tax shall be
levied in equal percentages on each remaining Assessor’s Parcel of Taxable Property (i.e.,
Open Space Property and Public Property which is not exempt from the Special Tax), up to
100% of the applicable Annual Maximum Special Tax.
EXEMPTIONS
The CFD Administrator shall classify the following as Exempt Property: (i) Public Property,
(ii) Open Space and (iii) Assessor Parcels with public or utility easements making
impractical their utilization for other than the purposes set forth in the easement; provided
however, that no such classification shall reduce the sum of all Taxable Property to less than
46.35 Acres for Zone A and 77.49 Acres for Zone B. Assessor‘s Parcels which cannot be
classified as Exempt Property because such classification would reduce the Acreage of all
Taxable Property to less than the amounts stated above will be classified as Taxable Property
and shall be taxed pursuant to Section E. Exempt status for purposes of this paragraph will
be assigned by the CFD administrator in the chronological order in which property becomes
Exempt Property.
The Annual Maximum Special Tax obligation for any property which would be classified as
Public Property upon its transfer or dedication to a public agency but which is classified as
Taxable Property pursuant to the preceding paragraph shall be prepaid in full by the seller
pursuant to Section J prior to the transfeddedication of such property to such public agency.
Until the Annual Maximum Special Tax obligation for any such Public Property is prepaid,
the property shall continue to be subject to the levy of the Special Tax as Taxable Property.
If the use of an Assessor’s Parcel of previously classified Exempt Property changes so that
such Assessor Parcel is no longer classified as Exempt Property as defined above, such
Assessor Parcel shall cease to be classified as Exempt Property and shall be deemed to be
Taxable Property.
IA 1 of CFD No. 3 Page 6 of I1
EXHIBIT A
G. TERM
The Special Tax may not be levied (a) longer than the tenth Fiscal Year following the final
maturity of the last series of Bonds or (b) longer than is needed to pay the cost and incidental
expenses of the construction of the Improvements, whichever is later.
H. APPEALS
Any landowner or resident who feels that the amount of the Special Tax levied on their
Assessor’s Parcel is in error shall first consult with the CFD Administrator regarding such
error. If following such consultation, the CFD Administrator determines that an error has
occurred the CFD Administrator may amend the amount of the Special Tax levied on such
Assessor’s Parcel. If following such consultation and action (if any by the CFD
Administrator), the landowner or resident believes such error still exists, such person may
file a written notice with the Finance Director of the City who shall establish, as part of the
proceedings and administration of CFD No. 3, a special three-member Review/Appeal
Committee. The Review/Appeal Committee may establish such procedures, as it deems
necessary to undertake the review of any such appeal. The Review/Appeal Committee shall
interpret this Rate and Method of Apportionment of Special Tax and make determinations
relative to the annual administration of the Special Tax and any landowner or resident
appeals, as herein specified. The decision of the Review/Appeal Committee shall be final
and binding as to all persons.
I. MANNER OF COLLECTION
The Special Tax will be collected in the same manner and at the same time as ordinary ad
valorem property taxes; provided, however, that the CFD Administrator may directly bill the
Special Tax, or may collect Special Taxes at a different time or in a different manner if
necessary to meet the financial obligation of CFD No. 3 for IA 1 or as otherwise determined
appropriate by the CFD Administrator.
J. PREPAYMENT OF SPECIAL TAX
1. Prepayment in Full
The Annual Maximum Special Tax for any Assessor’s Parcel may be prepaid and
permanently satisfied as described herein, provided that a prepayment may be made
IA 1 of CFD No. 3 Page 7 of 11
EXHIBIT A
only if at the time of the prepayment there are no delinquent Special Taxes with
respect to such Assessor's Parcel and all other Assessor's Parcels which are under the
same ownership and located within IA 1. An owner of an Assessor's Parcel
intending to prepay the Special Tax shall provide the CFD Administrator with
written notice of intent to prepay. Within 30 days of receipt of such written notice,
the CFD Administrator shall notify such owner of the prepayment amount for such
Assessor's Parcel and the date through which the amount any such prepayment shall
be valid.
The "Prepayment" shall be an amount equal to the sum of (I) Principal, (2) Premium,
(3) Defeasance, (4) Fees, and (5) Unfunded Improvements minus the Reserve Fund
Credit, as such terms are defined as follows:
"Principal" means the principal amount of Bonds to be redeemed from the
proceeds of such Prepayment and equals the quotient derived by dividing (a)
the applicable Annual Maximum Special Tax for the Assessor's Parcel
intending to prepay by (b) the expected aggregate Annual Maximum Special
Taxes for all Taxable Property within IA 1 (and excluding from (b) any
Annual Maximum Special Taxes for Assessor's Parcels which have fully
prepaid the Annual Maximum Special Tax), and multiplying the quotient by
the portion of the principal amount of Bonds outstanding.
"Premium" means an amount equal to the Principal multiplied by the
applicable redemption premium, if any, for the Bonds established pursuant to
the Indenture so redeemed with the proceeds of any such Prepayment.
"Defeasance" means an amount equal to the amount needed to pay interest
on the Principal to be redeemed until the earliest redemption date for the
outstanding Bonds permitted under the Indenture less the amount of earnings
estimated to be received from the reinvestment of the Prepayment and the
Fees to such date. Credit shall also be given for any Special Tax heretofore
paid and received by the City which has not yet been utilized to pay the
Special Tax Requirement or which is remaining after having paid the Special
Tax Requirement.
"Fees" equal the fees and expenses of CFD No. 3 directly related to the
Prepayment.
"Unfunded Improvements" means an amount equal to the estimated cost of
the unfunded Improvements authorized to be financed from the proceeds of
the Bonds or Special Taxes allocable to the Assessor's Parcel for which the
Prepayment is being calculated and is computed by multiplying the quotient
calculated when determining Principal by the Improvement Costs allocable to
IA 1 of CFD No. 3 Page 8 of 11
EXHIBIT A
JA 1, as set forth in the Acquisition Agreement, less the estimated cost of any
Improvements financed by previously issued Bonds or the proceeds of
Special Taxes. Unfunded Improvements shall equal zero following the
issuance of all of the Bonds.
"Reserve Fund Credit" shall equal the lesser of (i) the expected reduction
in the applicable reserve fund requirement (as defined in the Indenture), if
any, following the redemption of Bonds from proceeds of the Prepayment or
(ii) the amount derived by subtracting the new reserve fund requirement in
effect after the redemption of Bonds from the balance in the reserve fund (as
such term is defined in the Indenture) on the prepayment date, but in no event
shall such amount be less than zero. The Reserve Fund Credit shall apply
only when the Reserve Fund for the Bonds shall at least equal the Reserve
Requirement as defined in the Indenture.
The sum of the amounts calculated in the preceding steps shall be paid to CFD No. 3
and shall be used to pay and redeem Bonds in accordance with the Indenture and to
pay the Fees. Upon the receipt of such Prepayment by CFD No. 3, the obligation to
pay the Special Tax for such Assessor's Parcel shall be deemed to be permanently
satisfied, the Special Tax shall not be levied thereafter on such Assessor's Parcel, and
the CFD Administrator shall cause notice of cessation of the Special Tax for such
Assessor's Parcel to be recorded within 30 working days of receipt of the Prepayment
and receipt of proof of Special Tax payments made to the County used in the
calculation of the Prepayment, if any.
2. Prepayment in Part
The Annual Maximum Special Tax for any Assessor's Parcel may be prepaid in part
as described herein, provided that such a partial prepayment may be made only if at
the time of the prepayment there are no delinquent Special Taxes with respect to
such Assessor's Parcel and all other Assessor's Parcels which are under the same
ownership and located within IA 1. An owner of an Assessor's Parcel intending to
partially prepay the Special Tax shall provide the CFD Administrator with written
notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD
Administrator shall not@ such owner of the prepayment amount for such Assessor's
Parcel and the date through which the amount any such prepayment shall be valid.
The amount of the prepayment shall be computed pursuant to Section J.l above
substituting the portion of the Annual Maximum Special Tax to be prepaid for the
Annual Maximum Special Tax applicable to the Parcel when computing Principal.
The Annual Maximum Special Tax to be prepaid must result in an amount of
principal which is an even integral of the denomination of Bonds set forth in the
Indenture. If necessary, the prepayment amount shall be rounded up in order to
IA 1 of CFD No. 3 Page 9 of 11
EXHIBIT A
equal an even integral of the denomination of Bonds. The CFD Administrator shall
cause a notice of reduction of the Special Tax for such Assessor's Parcel to be
recorded within 30 working days of receipt of the prepayment.
Notwithstanding the foregoing, no prepayment shall be allowed unless the amount of Annual
Maximum Special Taxes that may be levied in IA 1 pursuant to Section E of this Rate and
Method of Apportionment of Special Tax after the proposed prepayment is at least the sum
of (i) the estimated Administrative Expenses and (ii) one hundred ten percent (1 10%) of the
maximum annual debt service for the Bonds, taking into account the Bonds to remain
outstanding after such prepayment.
IA 1 of CFD No. 3 Page 10 of 11
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EXHIBIT A
Cost of Issuance
Refund of Formation Deposit
Discount of 2%
Reserve Fund Requirement(Est @ Max DS)
Contingency I Rounding
Principal Issued by Improvement Area:
City of Carlsbad
Community Facilities District No. 3
(FaradaylMelrose)
Appendix A
Prior to the sale of the Bonds based upon the cost estimates at this time, the following provides the construction cost allocation percentage
of total funded which will k used to determine the Special Tax Requirement.
$400,000 $500.000
$1 33,333 $66,667
$1,074,901 $1,629,075
$1,000 $3,814
$I 2,695,000 $19,240,000
$253,900 ~84,800
Construction Costs Allocation
acilities Fund Requirement by Area
Melrose
Melrose South of PAR
Federal Grant (Spread on percent of pad area)
Palomar Airport Road
PAR Turn Lane to Melrose South
Faraday
Zone A
$5,498,088
provem
Percent
it Area 1
Zone B
lmprovemer
IA 2
$15,212,644
kea 2 Percent
I
$4,954,843
$226,716
($3,000,000)
$100.000
$15,956,550
$2,798.853
$900,000
$200,000
$638,700
$2,703,976
IA 1 of CFD No. 3 Page 11 of 11
EXHIBIT B
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NO. 3
IMPROVEMENT AREA 2
OF THE CITY OF CARLSBAD
A Special Tax shall be levied and collected in Improvement Area 2 ("IA 2") of Community Facilities
District No. 3 (the "CFD No. 3") of the City of Carlsbad each Fiscal Year, in an amount determined
by the City Council ofthe City of Carlsbad acting in its capacity as the legislative body of CFD No.
3 through the application of the procedures described below. All of the real property in IA 2, unless
exempted by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner
herein provided.
A. DEFINITIONS
The terms used herein shall have the following meanings:
"Acquisition Agreement" means that certain AcquisitiodFinancing Agreement pursuant to
which public improvements, authorized to be financed by CFD No. 3, are acquired by the
City from the proceeds of Bonds or Special Taxes, as such agreement may be modified,
amended and/or supplemented from time to time, and any instrument replacing or
supplementing the same.
"Acreage" or "Acre" of an Assessor's Parcel means (i) prior to the recordation of a Final
Subdivision Map that acreage shown on the Assessor's Parcel Map for each such Assessor's
Parcel less the acreage, as shown on a tentative map or similar land use entitlement approved
by the City, to be owned by, irrevocably offered or dedicated to, or for which an easement
for purposes of public right-of-way or other public purpose will be granted to the federal
government, the State of California, the County, the City, or any local government or other
public agency or designated with specific boundaries and acreage as open space and (ii) after
recordation of a Final Subdivision Map that acreage shown on or determined from the
applicable Final Subdivision Map for each such Assessor's Parcel. For Condominiums, the
Acreage applicable to each Condominium shall be determined by allocating the acreage of
the underlying lot on which the Condominiums are or are to be constructed in proportion to
each such Condominium's building square footage.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter
2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the following actual or reasonably estimated costs
directly related to the administration of IA 2, including, but not limited to, the costs of
IA 2 of CFD No. 3 Page 1 of 10
EXHIBIT B
computing the Special Taxes and of preparing the annual Special Tax collection schedules;
the costs of collecting the Special Taxes; the costs of remitting the Special Taxes to the fiscal
agent or trustee for any Bonds; the costs of the fiscal agent or trustee (including its legal
counsel) in the discharge of the duties required of it under any Indenture; the costs of the
City, or designee thereof, in complying with the disclosure requirements of applicable
federal and state securities laws and of the Act, including public inquiries regarding the
Special Taxes, the costs associated with the release of funds from any escrow account (to the
extent not paid from other sources).
"Annual Maximum Special Tax" means the maximum Special Tax, determined in
accordance with Section C and escalated in accordance with Section D that can be levied by
the Council in any Fiscal Year on any Assessor's Parcel.
"Assessor's Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an
assigned Assessor's Parcel number.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating
parcels by Assessor's Parcel number.
"Bonds" means any bonds or other debt (as defined in the Act), whether in one or more
series, secured by the levy of Special Taxes within IA 2.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and providing for the levy and collection of
Special Taxes.
"CFD No. 3" or "District" means Community Facilities District No. 3 of the City of
Carlsbad.
"City" means the City of Carlsbad, California.
"Condominium" means a separate interest or unit meeting the statutory definition of a
condominium contained in the California Civil Code, Section 1351, and for which a
condominium plan has been recorded pursuant to California Civil Code, Section 1352.
"Council" means the City Council of the City, acting as the legislative body of CFD No. 3.
"County" means the County of San Diego, California.
"Developable Property" means all Taxable Property, exclusive of Final Map Property.
"Exempt Property" means all property located within the boundaries of IA 2 that is exempt
from the Special Tax pursuant Section F below.
-- IA 2 of CFD No. 3 Page 2 of IO
EXHIBIT B
"Final Map Property" means all Taxable Property included within a Final Subdivision
Map which is approved by City Council prior to March 1 of each Fiscal Year.
"Final Subdivision Map" means a subdivision of property created by recordation of a final
map or parcel map approved by the City pursuant to the Subdivision Map Act (California
Government Code Section 66410 et seq.), a lot line adjustment or recordation of a
condominium plan pursuant to California Civil Code 1352.
"Fiscal Year" means the period starting on each July 1 and ending on the following June
30.
"IA 2" or "Improvement Area 2" means Improvement Area No. 2 of the District.
"Improvement" or "Improvements" means an improvement or improvements authorized
to be acquired by the City pursuant to the terms and conditions of the Acquisition
Agreement.
"Improvement Costs" means the estimated cost to construct the Improvements as set forth
in Exhibit B to the Acquisition Agreement.
"Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or
other instrument pursuant to which Bonds are issued, as modified, amended and/or
supplemented from time to time, and any instrument replacing or supplementing the same.
"Index" means for the purpose of calculating the escalation of the Annual Maximum Special
Tax each Fiscal Year, the lesser of (a) the annual percentage increase, if any, in the
"Construction Cost Index for ENR 20 Cities" for the City of Los Angeles as published in the
"Engineering News Record" for the twelve-month period ending with the month of March
preceding each Fiscal Year or (b) 3%.
"Open Space" means property within the boundaries of IA 2 in which prior to March 1" of
the preceding Fiscal Year (a) has been designated with specific boundaries and acreage on a
tentative map or Final Subdivision Map as open space, (b) is classified by the County
Assessor as open space by the County assigning a zero assessed value, (c) has been
irrevocably offered for dedication as open space to the federal government, the State of
California, the County, the City, or any other public agency or (d) is encumbered by an
easement or other restriction required by the City limiting the use of such property to open
space.
"Public Property" means property within the boundaries of IA 2 which prior to March 1 st
of the preceding Fiscal Year is owned by, irrevocably offered or dedicated by Final
Subdivision Map or other recorded document, or for which an easement for purposes of
I- IA 2 of CFD No. 3 Page 3 of 10
EXHIBIT B
public right-of-way, habitat mitigation preserve, pedestrian trails or other public purpose has
been granted to the federal government, the State of California, the County, the City, or any
local government or other public agency. Notwithstanding the foregoing, the leasehold
interest or other possessory interest granted by any public agency in property owned by such
public agency to a private entity or person shall be subject to taxation under Section 53340. I
of the Act and shall be classified as Taxable Property.
"Special Tax" means the Special Tax to be levied in each Fiscal Year on each Assessor's
Parcel of Taxable Property to fund the Special Tax Requirement.
"Special Tax Requirement" means:
(a) that amount required in any Fiscal Year prior to the issuance of Bonds to:
(1) pay the Administrative Expenses; and
(2) pay directly for acquisition or construction of the aggregate
Improvements in proportion to the allocation of the Improvement
Costs to IA 2 specified in Appendix A attached hereto but only to the
extent such costs are not expected to be funded with the proceeds of
the Bonds;
or (b) that amount required in any Fiscal Year after the issuance of Bonds to:
IA 2 of CFD No. 3
pay the Administrative Expenses,
pay debt service on any outstanding Bonds,
replenish any reserve funds attributable to IA 2 and established in
connection with Bonds,
pay the costs of remarketing, credit enhancement and liquidity
facility fees (including such fees for instruments that serve as the
basis of a reserve fund in lieu of cash related to any Bonds),
pay directly for acquisition or construction of the Improvements of
IA 2, but only to the extent such costs cannot be funded with the
proceeds of Bonds, and
less available funds as directed under the Indenture.
Page 4 of 10
EXHIBIT B
"Taxable Property" means all property located within the boundaries of IA 2 that is not
Exempt Property.
B. CLASSIFICATION OF PROPERTY
Prior to the beginning of each Fiscal Year, all property within IA 2 shall be classified as
either Taxable Property or Exempt Property. Taxable Property shall be further classified as
Final Map Property or Developable Property.
C. ANNUAL MAXIMUM SPECIAL TAX
The Annual Maximum Special Tax per Acre for Fiscal Year 2005-2006 for all Taxable
Property is shown in Table 1 below:
Table 1
Annual Maximum Special Tax per Acre
For Fiscal Year 2005-2006
$1 2,600.00
D. ESCALATION OF THE ANNUAL MAXIMUM SPECIAL TAX
Each Fiscal Year beginning Fiscal Year 2006-2007, the Annual Maximum Special Tax shall
escalate at the applicable Index. The escalation shall cease in the Fiscal Year following the
earlier of (1) the completion of the construction and acquisition of all of the Improvements
pursuant to the Acquisition Agreement or (2) the sale of the final series of Bonds.
E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2006-2007 and for each following Fiscal Year, the CFD
Administrator shall determine the Special Tax Requirement. No Special Tax shall be levied
until any property is classified as Final Map Property. After any property has been classified
as Final Map Property, the Special Tax shall be levied on all Taxable Property within the
Improvement Area as necessary to fund the Special Tax Requirement as follows:
First: The Special Tax shall be levied in equal percentages on each Assessor's Parcel of
Taxable Property, exclusive of Open Space Property and Public Property, up to 100% of the
applicable Annual Maximum Special Tax; and
IA 2 of CFD No. 3 Page 5 of 10
EXHIBIT B
Second: If additional Special Taxes are needed after the first step, the Special Tax shall be
levied in equal percentages on each remaining Assessor’s Parcel of Taxable Property (i.e.,
Open Space Property and Public Property which is not exempt from the Special Tax), up to
100% of the applicable Annual Maximum Special Tax.
F. EXEMPTIONS
The CFD Administrator shall classify the following as Exempt Property: (i) Public Property,
(ii) Open Space and (iii) Assessor Parcels with public or utility easements making
impractical their utilization for other than the purposes set forth in the easement; provided
however, that no such classification shall reduce the sum of all Taxable Property to less than
150.57 Acres. Assessor‘s Parcels which cannot be classified as Exempt Property because
such classification would reduce the Acreage of all Taxable Property to less than the amount
stated above will be classified as Taxable Property and shall be taxed pursuant to Section E.
Exempt status for purposes of this paragraph will be assigned by the CFD administrator in
the chronological order in which property becomes Exempt Property.
The Annual Maximum Special Tax obligation for any property which would be classified as
Public Property upon its transfer or dedication to a public agency but which is classified as
Taxable Property pursuant to the preceding paragraph shall be prepaid in full by the seller
pursuant to Section J prior to the transfeddedication of such property to such public agency.
Until the Annual Maximum Special Tax obligation for any such Public Property is prepaid,
the property shall continue to be subject to the levy of the Special Tax as Taxable Property.
If the use of an Assessor’s Parcel of previously classified Exempt Property changes so that
such Assessor Parcel is no longer classified as Exempt Property as defined above, such
Assessor Parcel shall cease to be classified as Exempt Property and shall be deemed to be
Taxable Property.
The Special Tax may not be levied (a) longer than the tenth Fiscal Year following the final
maturity of the last series of Bonds or (b) longer than is needed to pay the cost and incidental
expenses of the construction of the Improvements, whichever is later.
H. APPEALS
Any landowner or resident who feels that the amount of the Special Tax levied on their
Assessor’s Parcel is in error shall first consult with the CFD Administrator regarding such
error. If following such consultation, the CFD Administrator determines that an error has
IA 2 of CFD No. 3 Page 6 of 10
EXHIBIT B
occurred the CFD Administrator may amend the amount of the Special Tax levied on such
Assessor's Parcel. If following such consultation and action (if any by the CFD
Administrator), the landowner or resident believes such error still exists, such person may
file a written notice with the Finance Director of the City who shall establish, as part of the
proceedings and administration of CFD No. 3, a special three-member Review/Appeal
Committee. The Review/Appeal Committee may establish such procedures, as it deems
necessary to undertake the review of any such appeal. The Review/Appeal Committee shall
interpret this Rate and Method of Apportionment of Special Tax and make determinations
relative to the annual administration of the Special Tax and any landowner or resident
appeals, as herein specified. The decision of the Review/Appeal Committee shall be final
and binding as to all persons.
I. MANNER OF COLLECTION
The Special Tax will be collected in the same manner and at the same time as ordinary ad
valorem property taxes; provided, however, that the CFD Administrator may directly bill the
Special Tax, or may collect Special Taxes at a different time or in a different manner if
necessary to meet the financial obligation of CFD No. 3 for IA 2 or as otherwise determined
appropriate by the CFD Administrator.
J. PREPAYMENT OF SPECIAL TAX
1. Prepayment in Full
The Annual Maximum Special Tax for any Assessor's Parcel may be prepaid and
permanently satisfied as described herein, provided that a prepayment may be made
only if at the time of the prepayment there are no delinquent Special Taxes with
respect to such Assessork Parcel and all other Assessor's Parcels which are under the
same ownership and located within IA 2. An owner of an Assessor's Parcel
intending to prepay the Special Tax shall provide the CFD Administrator with
written notice of intent to prepay. Within 30 days of receipt of such written notice,
the CFD Administrator shall notify such owner of the prepayment amount for such
Assessor's Parcel and the date through which the amount any such prepayment shall
be valid.
The "Prepaymentll shall be an amount equal to the sum of (1) Principal, (2) Premium,
(3) Defeasance, (4) Fees, and (5) Unfunded Improvements minus the Reserve Fund
Credit, as such terms are defined as follows:
"Principal" means the principal amount of Bonds to be redeemed from the
IA 2 of CFD No. 3 Page 7 of 10
EXHIBIT B
proceeds of such Prepayment and equals the quotient derived by dividing (a)
the applicable Annual Maximum Special Tax for the Assessor's Parcel
intending to prepay by (b) the expected aggregate Annual Maximum Special
Taxes for all Taxable Property within IA 2 (and excluding from (b) any
Annual Maximum Special Taxes for Assessor's Parcels which have fully
prepaid the Annual Maximum Special Tax), and multiplying the quotient by
the portion of the principal amount of Bonds outstanding.
"Premium" means an amount equal to the Principal multiplied by the
applicable redemption premium, if any, for the Bonds established pursuant to
the Indenture so redeemed with the proceeds of any such Prepayment.
"Defeasance" means an amount equal to the amount needed to pay interest
on the Principal to be redeemed until the earliest redemption date for the
outstanding Bonds permitted under the Indenture less the amount of earnings
estimated to be received from the reinvestment of the Prepayment and the
Fees to such date. Credit shall also be given for any Special Tax heretofore
paid and received by the City which has not yet been utilized to pay the
Special Tax Requirement or which is remaining after havingpaid the Special
Tax Requirement.
"Fees" equal the fees and expenses of CFD No. 3 directly related to the
Prepayment.
"Unfunded Improvements" means an amount equal to the estimated cost of
the unfunded Improvements authorized to be financed from the proceeds of
the Bonds or Special Taxes allocable to the Assessor's Parcel for which the
Prepayment is being calculated and is computed by multiplying the quotient
calculated when determining Principal by the Improvement Costs allocable to
IA 2, as set forth in the Acquisition Agreement, less the estimated cost of any
Improvements financed by previously issued Bonds or the proceeds of
Special Taxes. Unfunded Improvements shall equal zero following the
issuance of all of the Bonds.
"Reserve Fund Credit'' shall equal the lesser of (i) the expected reduction
in the applicable reserve fund requirement (as defined in the Indenture), if
any, following the redemption of Bonds from proceeds of the Prepayment or
(ii) the amount derived by subtracting the new reserve fund requirement in
effect after the redemption of Bonds from the balance in the reserve fund (as
such term is defined in the Indenture) on the prepayment date, but in no event
shall such amount be less than zero. The Reserve Fund Credit shall apply
only when the Reserve Fund for the Bonds shall at least equal the Reserve
Requirement as defined in the Indenture.
IA 2 of CFD No. 3 Page 8 of 10
23
EXHIBIT B
The sum of the amounts calculated in the preceding steps shall be paid to CFD No. 3
and shall be used to pay and redeem Bonds in accordance with the Indenture and to
pay the Fees. Upon the receipt of such Prepayment by CFD No. 3, the obligation to
pay the Special Tax for such Assessor's Parcel shall be deemed to be permanently
satisfied, the Special Tax shall not be levied thereafter on such Assessor's Parcel, and
the CFD Administrator shall cause notice of cessation of the Special Tax for such
Assessor's Parcel to be recorded within 30 working days of receipt of the Prepayment
and receipt of proof of Special Tax payments made to the County used in the
calculation of the Prepayment, if any.
2. Prepayment in Part
The Annual Maximum Special Tax for any Assessor's Parcel may be prepaid in part
as described herein, provided that such a partial prepayment may be made only if at
the time of the prepayment there are no delinquent Special Taxes with respect to
such Assessor's Parcel and all other Assessor's Parcels which are under the same
ownership and located within IA 2. An owner of an Assessor's Parcel intending to
partially prepay the Special Tax shall provide the CFD Administrator with written
notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD
Administrator shall notify such owner of the prepayment amount for such Assessor's
Parcel and the date through which the amount any such prepayment shall be valid.
The amount of the prepayment shall be computed pursuant to Section J.1 above
substituting the portion of the Annual Maximum Special Tax to be prepaid for the
Annual Maximum Special Tax applicable to the Parcel when computing Principal.
The Annual Maximum Special Tax to be prepaid must result in an amount of
principal which is an even integral of the denomination of Bonds set forth in the
Indenture. If necessary, the prepayment amount shall be rounded up in order to
equal an even integral of the denomination of Bonds. The CFD Administrator shall
cause a notice of reduction of the Special Tax for such Assessor's Parcel to be
recorded within 30 working days of receipt of the prepayment.
Notwithstanding the foregoing, no prepayment shall be allowed unless the amount ofAnnual
Maximum Special Taxes that may be levied in IA 2 pursuant to Section E of this Rate and
Method of Apportionment of Special Tax after the proposed prepayment is at least the sum
of (i) the estimated Administrative Expenses and (ii) one hundred ten percent (I 10%) of the
maximum annual debt service for the Bonds, taking into account the Bonds to remain
outstanding after such prepayment.
IA 2 of CFD No. 3 Page 9 of 10
EXHIBIT B
Facilities Fund Requirement
Capitalized Interest (12 months at 7.5%)
Cost of Issuance
Discount of 2%
Reserve Fund Requiremenl(Est @ ax DS)
Contingency 1 Rounding
Principal Issued by Improvement Area:
Refund of Formation Deposit
City of Carlsbad
Community Facilities District No. 3
(FaradaylMelrose)
Appendix A
Prior to the sale of the Bonds based upon the cost estimates at this time, the following provides the construction cost allocation percentage
of total funded which will be used to determine the Special Tax Requirement.
$9,879,741 $1 5,212,644 $25,092,385
$952,125 $1,443,000 52,395,125
$400,000 $500,000 $900,000
$1 33,333 $66.667 $200,000
$638,700 $253,900 $384,800
$1,074,901 $1,629,075 $2,703,976
$1,000 $3,814 $4,814
$12,695,000 $1 9,240,000 $31,935,000
Construction Costs Allocation
pemnt of pad area)
IA 1 of CFD No. 3 Page 10 of 10