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HomeMy WebLinkAbout1993-05-18; City Council; Resolution 93-148\I I1 e 0 1 RESOLUTION NO. 93-148 2 3 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 4 11 WHEREAS, the CITY COUNCIL of the CITY OF CAR: 5 6 CALIFORNIA, (hereinafter referred to as the "legislative bl the local Agency"), has declared its intention, conC 7 8 proceedings and held a public hearing relating to the authc tion to annex territory in the future to an existing Comt Facilities District pursuant to the terms and provisions ( "Mello-Roos Community Facilities Act of 1982", being C1 2.5 , Part 1, Division 2, Title 5 of the Government Code c State of California, and specifically Article 3.5 thereof. existing Community Facilities District is designat COMMUNITY FACILITIES DISTRICT NO. 1 (hereinafter referred the "District"); and, 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 WHEREAS, it has now been determined to be within the public interest and convenience to establish a procedu allow and provide for future annexations to the exi District and further to specify the amount of special taxes would be levied in any future annexation area, as we setting forth the terms and conditions for certification c annexation in the future; and, WHEREAS, the area proposed to be annexed in the f shall be known and designated as COMMUNITY FACILITIES DI5 NO. 1 (FUTURE ANNEXATION AREA) (hereinafter referred to a "Future Annexation Area") , and a map showing the territo 2711 28 ., e 0 1 2 3 4 5 the area proposed to be annexed in the future has submitted, which said map is hereby approved and a copy o map shall be kept on file with the transcript of these pr ings; and, WHEREAS, it has now been further determined that w 6/1 protests have not been received representing a majority p. 711 against the future annexation proceedings. 811 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 911 RECITALS 10 11 SECTION 1. That the above recitals are all tru correct. 12 13 ANNEXATION AUTHORITY SECTION 2. That this legislative body does hereby i 1411 rize for the annexation of territory in the future pursua I511the provisions and authorization of Section 53339.7 o l6Il Government Code of the State of California. 1711 PUBLIC CONVENIENCE AND NECESSITY 18 19 20 SECTION 3. That this legislative body hereby deter that the public convenience and necessity requires a proc to allow and authorize territory to be annexed in the futt 21// the existing Community Facilities District in order to pa 22 23 24 25 26 costs and expenses for the required and authorized 1 facilities. BOUNDARIES SECTION 4. A description of the boundaries and terr proposed to be annexed in the future is as follows: 271 I All that property and territory proposed 2s annexed in the future to the existing Community Facil I /I 0 0 1 District, as said property is shown on a map as prevj */I approved by this legislative body, said map identified b 311 name of the existing Community Facilities District and fl 411 designated as the Future Annexation Area, a copy of which 511 file in the Office of the City Clerk and shall remain OPE 611 public inspection. Future annexation proceedings can on 711 completed with the unanimous consent of the owner or own€ s1/ any parcel proposed for final annexation. 91 I NAME OF DISTRICT l01 I SECTION 5. The name of the existing Community Facil 11 12 13 District is COMMUNITY FACILITIES DISTRICT NO. 1, and the de: tion for the Future Annexation Area shall be COMMUNITY Fi TIES DISTRICT NO. 1 (FUTURE ANNEXATION AREA). 14 15 FACILITIES SECTION 6. That the types of public facilities provil 16/1 the existing District are those described as follows: 1711 I. Public facilities generally describec 1811 new library facility, a major addition to an existing 1 19 20 building, a City Hall complex, and the addition of offic warehouse facilities at the public safety center. 21/1 11. Park improvements generally designal 22/1the MACARIO CANYON PARK. 2311 111. Major street improvements in portic 24 25 26 27 the following designated public streets: FARADAY AVENUE, ROAD, LA COSTA AVENUE, OLIVENHAIN ROAD/RANCHO SANTA FE RO. LEUCADIA BOULEVARD. 2s 0 e 1 2 3 4 5 6 7 IV. Major bridge and overpass facil generally described as the LA COSTA INTERCHANGE, POINSETTI, INTERCHANGE and PALOMAR AIRPORT ROAD INTERCHANGE. No additional facilities will be necessa provided in the Future Annexation Area and the faciliti described for the existing District will serve the prop within the Future Annexation Area. 8/1 SPECIAL TAXES 9 10 11 12 13 14 15 16 17 1s SECTION 7. It is the intention of this legislative that, except where funds are otherwise available, a speci, sufficient to pay for said facilities to be provided i Future Annexation Area, secured by recordation of a cont lien against all non-exempt real property in the Future A tion Area, will be levied annually within the boundaries I Future Annexation Area. The special taxes shall be thc originally authorized through the formation of the or Community Facilities District and adopted by Ordinance 0: legislative body, and no changes or modifications are pr 19 20 21 22 23 24 25 I I 'I in the special taxes from those as originally set forth an applicable to the Community Facilities District. For particulars as to the rate and metk apportionment of the proposed special tax, reference is m ' the attached and incorporated Exhibit "A", which sets fo. sufficient detail the method of apportionment to alloc landowner or resident within the Future Annexation AI 26 27 clearly estimate the maximum amount that said person wil to pay on said special tax. 2s .I 0 e 1 This legislative body further authorizes 2 and adopted by Resolution of this legislative body. 5 special tax and all details and particulars shall be set 4 satisfied by the payment of the maximum present value o 3 special taxes to pay for capital facilities may be prepai 6 The proposed special taxes shall be col 7 8 in the same manner as ad valorem property taxes and shi in any case of delinquency as applicable for ad valorem 1 9 subject to the same penalties, procedure, sale and lien pr 10 however, as applicable, this legislative body may establi~ 11 adopt an alternate or supplemental procedure as necessary. 12 SECTION 8. Annexation of property in the future sha 13 ANNEXATION EFFECTIVE DATE 14 will be required. 18 no further public hearings or additional election procel 17 proposed for annexation. Upon recepit of the written co1 16 owners of each parcel or parcels at the time that any par( 15 effective only with the unanimous approval of the own 19 SECTION 9. It is hereby further determined by this le( 20 VALIDITY OF PROCEEDINGS 21 22 tive body that all annexation proceedings hereto were vali provisions of the “Mello-Roos Community Facilities Act of l! 23 in conformity with the requirements of law, and specificall 24 SECTION 10. ImmedLately upon the receipt of a prc 25 NOTICE 26 ings, a notice of annexation shall be recorded in the Off: 27 owner consent and the certification of the annexation pr~ 28 1 .. 0 0 1 Government code of the State of California. 2 the county Recorder as authorized by Section 53339-8 c Car-sbad city Council held on the 18th day Of MAY 4 PASSED, APPROVED AND ADOPTED at a regular meeting ( 3 5 6 7 8 9 10 11 12 13 ALETHA L. RAUTENKRANZ, City Cl\erk 1993, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnili NOES : None ABSENT : None ATTEST: 14 15 (SEAL) 17 16 20 19 18 21 22 23 25 24 28 27 26 0 a 1 4 EXHIBIT "A" 3 COMMUNITY FACILITIES DISTRICT NO. 1 2 CITY OF CARLSBAD PROPERTY CATEGORIES AND MAXIMUM TAX 5 6 7 8 9 10 All taxable property within the boundaries of the Future A tion Area shall be subject to ANNUAL SPECIAL TAXES as appl based upon the rates as established for the original Coml Facilities District No. 1 and further based upon the pri categories, maximum tax rates, increases and status c issuance of building permits, all as hereinafter set Improvement Area I refers to all properties within the bl ries of the City of Carlsbad Bridge and Thoroughfare Dis' Improvement Area I1 is for all remaining properties withj Community Facilities District, not within the Bridge & Tho fare District. 11 ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY 12 RESIDENTIAL PROPERTY 13 14 All taxable property prior to the issuance of a building : subject to increases as set forth herein: shall be subject to the following maximum annual special 15 PROPERTY CATEGORY AREA I AREA I1 17 16 MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPE: Residential Low $ 281.00 $ 277.00 1s Residential Low to Medium 772.00 760.00 19 Residential Medium 1,294.00 1,217.00 Residential Medium to High 1 , 984.00 1,868.00 20 Residential High 2,793.00 2,739.00 PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMENT 21 SPECIAL DEVELOPMENT TAX - ONE TIME 22 MENT TAX - ONE TIME, also subject to increases as set 23 ties shall be subject to the following described SPECIAL DE' Upon the issuance of a building permit, all Residential p herein, as follows: 24 25 26 27 28 0 0 1 2 MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PER RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990 IMPROVEMENT IMPROVEMENT 3 PROPERTY CATEGORY AREA I AREA I1 4 Residential Low to Medium 4,452.00 3,835.00 Residential Low $ 4,452.00 $ 3 , 835.00 Residential High 2,810.00 2,312.00 6 Residential Medium to High 2 , 810.00 2,312.00 Residential Medium 2 , 810.00 2 , 312.00 5 7 COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY 41 ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY 9 All taxable Commercial and Industrial Property prior t maximum annual special taxes, also subject to increases z 10 issuance of a building pernit shall be subject to the €01 forth herein: 11 12 PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/199: MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROP1 13 14 15 16 17 13 19 20 21 22 23 24 I I 25 26 271 I IMPROVEMENT IMPROVEMENT AREA I AREA I1 Commercial Property $ 2,400.00 $ 1,600.00 Industrial Property 1,200.00 960.00 Agricultural Property -0- -0- All Commercial and Industrial Property, upon the issuance building permit, shall have the option to (1) pay the SE DEVELOPMENT TAX - ONE TIME or (2) assume the ANNUAL SPECIA - DEVELOPED PROPERTY for a period of not to exceed twentl (25) years, generally in the amounts per property catego follows: MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FI YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA PROPERTY CATEGORY IMPROVEMENT IMPROVEMEN7 COMMERCIAL USE DESIGNATIGNS AREA I AREA I1 Restaurant - Fast Food Outdoor Tennis Courts Convenience Market Bank with Drive-thru Campground Restaurant - Sit Down $ 28.46 $ 7.58 28.14 7.26 27.31 6.74 18.06 5.72 17.51 4.99 15.17 4.73 28 /I 0 0 1 2 3 4 5 6 7 8 9 10 11 12 OR, IN THE ALTERNATE, ANNUAL SPECIAL TAX The "Maximum Annual Special Tax - Developed Property" fc Fiscal Year shall not exceed 13.81% of the authorized I'M, Special Development Tax - One Time" for the various Comml and Industrial Property categories as set forth above i amount applicable and annually adjusted for each Fiscal Yea ANNUAL TAX INCREASE The above SPECIAL TAXES for the taxable properties are a 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. The published for the month of April for the City of Los A under the column heading of "Percentage Change from Last will annually inflate each of the Maximum Annual Taxes fo: year €or properties as follows: 13 A. PROPERTIES WITHIN THE DISTRICT: Not to exceed 50% of t above-referenced increase. 14 15 of the above-referenced increase until annexed. B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed 1 16/1 TERM OF TAX 17 DEVELOPMENT TAX - ONE TIME has been paid; however, the 1s charged and facilities funded and/or guaranteed, and the S The above taxes shall be levied until all bonds have bee1 SPECIAL TAX - DEVELOPED PROPERTY shall not be levied 19 period in excess of twenty-five (25) years per parcel. 20 Residential: 21 Once a building permit has been issued for Residential pr and the SPECIAL DEVELOPMENT TAX - ONE TIME has been paic 22 property no longer will be subject to any annual special ta 23 Commercial & Industrial: 24 The Commercial and Industrial properties, upon the issuancl building permit, have the option to (1) pay the SPECIAL DE 25 MENT TAX - ONE TIME or (2) assume the ANNUAL SPECIAL DEVELOPED PROPERTY, as set forth above. Upon the issual 26 any building permit, no further increase or escalatj authorized. 2711 28 e 0 1 ALLOCATION OF COST AND TAX 2 Total capital costs for all authorized facilities sh' 3 Commercial & Industrial property. The above costs exclude allocated as follows: 65% to Residential property, Z 4 of issuance as needed. 5 Residential property shall be taxed in an amount sufficic 6 of issuance, interest and other costs, including sinkinc meet the 65% share of facilities, which tax will include payments for future construction as applicable. 711 Commercial & Industrial property shall be taxed in an i $3 sufficient to meet the 35% share of facilities, which tar sinking fund payments for future construction as applicable 9 include costs of issuance, interest and other costs, inc. 10 COLLECTION OF ANNUAL TAX 11 Residential: 12 13 14 15 16 17 18 19 20 21 22 23 Determine monies necessary to make payment on bond debt sel replenish reserve, call bonds, pay bonds and Community Fz ties District No. 1 administrative costs, and pay for 1 capital facilities. FIRST: Reduce this amount by the collected from Special Development Tax - One Time levied as residential properties. SECOND: The remaining funds needs to be collected by the levy of the annual Special : Undeveloped Property on undeveloped taxable residential acr in the proportional amounts for each property catego required, not to exceed the maximum authorized tax. Commercial and Industrial: Determine monies necessary to make payment on bond debt ser replenish reserve, call bonds, pay bonds and Community Fa lies District No. 1 administrative costs, and pay for curre future public capital facilities. FIRST: Reduce this amou the funds collected from Special Development Tax - One Tim annual Special Tax - Developed Property levied against co cial and industrial properties. SECOND: Levy the a Special Tax - Undeveloped Property on undeveloped taxable co cial and industrial acreage in the proportional amounts for property category as required, not to exceed the maximum tax 2411 X** 25 26 27 28