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HomeMy WebLinkAboutReso 92-493 - Formation of Community Facilities Dist & to levy a Special tax - Comm Fac Dist No. 1992-1 Q RESOLUTION NO. RESOLUTION OF FORMATION OF COMMUNITY FACILITIES DISTRICT AND TO LEVY A SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO. 1992-1 CITY OF REDDING COUNTY OF SHASTA, STATE OF CALIFORNIA City q resolves: the Cit of Redding \ The City Council of 1. Reference is made to Resolution No. 92-447 of this City Council adopted November 3 , 1992 for the preliminary scope of the project and financing contemplated by these proceedings. 2 . This City Council has conducted the public hearing set by Resolution No. 92-447, and determines that a majority protest under Section 53324 of the Government Code was not made at the hearing. 3 . There is hereby formed a community facilities district by the City of Redding under the terms of the Community Facilities Act of 1982 , Chapter 2 . 5 of Division 2 of Title 5 of the California Government Code, commencing with Section 53311. The boundaries of the district are shown on the boundary map on file with the City Clerk and approved by this City Council in its Resolution No. 92-446. The map was recorded in the office of the County Recorder of Shasta County on November 5, 1992 in Book 4 of the Book of Maps of Assessment and Community Facilities Districts__ at Page 20. 4 . The name of the community facilities district is "Community Facilities District No. 1992-1, City of Redding, County of Shasta, State of California, " ("CFD 1992-111) . i 5. The types of public facilities and services authorized to be provided within CFD 1992-1 are set forth in Exhibit A attached to this Resolution. 6. The types of incidental expenses which may be incurred are set forth on Exhibit B attached to this Resolution. 7 . Except where funds are otherwise available, a special tax sufficient to pay for such facilities and services, will be annually levied within CFD 1992-1. Upon recordation of a notice of special tax lien pursuant to Section 3114 . 5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property within CFD 1992-1, and this lien shall continue in force forever. The rate and method of apportionment of the special tax is set forth in Exhibit C attached to this Resolution. 8 . The office of the Director of Finance (916/225-4079) of the City of Redding, .760 Parkview Avenue, Redding, CA 96001 is designated as the office responsible for preparing annually a current roll of special tax levy obligations by assessor' s parcel number, and for responding to inquiries regarding estimates of future special tax levies. The City may contract with private consultants to provide this service in lieu of the Director of Finance. Any taxpayer who feels that the amount or formula of th-e. Special Tax is in error may file an application with the Director of Finance contesting the levy of the special tax. The Director of Finance, or his or her appointee, shall promptly review the application, and if necessary, meet with the applicant. If the 2 findings of the Director of Finance or the appointee verify that the Special Tax should be modified or changed, a recommendation to that effect will be made to the City Council, and as appropriate, the Special Tax levy shall be corrected and, if applicable in any case, a refund shall be granted. If the Director of Finance or the appointee denies the application, the taxpayer may appeal that determination within. 14 days of the mailing of notification of denial, to the City Council under such procedures as the Council shall establish. The determination of the Council on the appeal shall be final for all purposes. The filing of an application or an appeal shall not relieve the taxpayer of the obligation to pay the Special Tax when due. 9 . Interpretations may be made by Resolution of the Council for purposes of clarifying any vagueness or ambiguity as it relates to any of the terms or provisions of the special tax. 10. This City Council also hereby establishes the annual appropriations limit of CFD 1992-1 at $1. 0 million for the 1992- 1993 fiscal year. 11. In the election held in these proceedings, it is the intention of the Council that the electors will be the landowners of CFD 1992-1. 12 . This City Council now finds and determines that all_. proceedings up to and including the adoption of this Resolution were and are valid and in conformity with the requirements of the Mello-Roos Community Facilities Act. This determination and 3 finding is final and conclusive in accordance with Government Code Section 53325. 1 (b) . I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the City Council of the City of Redding, Shasta County, California, at a regular meeting thereof, held on the 15th day of December, 1992 . AYES: Councilmembers Anderson, Arness, Dahl, Kehoe & Moss NOES: Councilmembers None ABSENT: Councilmembers None CONNIE STROHMAYER, City Clerk, City of Redding, Shasta County, California By 4 Exhibit A Authorized Public Services 1. Police Protection Services 2 . Recreation Program Services 3 . Park, Parkway and Open Space Operation and Maintenance Services 4. Flood Protection and Storm Drain Services 5. Ambulance and Paramedic Services As used in this exhibit to establish the scope of public services activities authorized to be funded, in whole or in part, by CFD 1992-1, the term "services" shall have the meaning specified by Section 53313 and 53317 of the Act. 'i EXHIBIT B Incidental Expenses and Administrative Costs '; It is anticipated that the following incidental expenses and administrative costs may be incurred in., by or on behalf of the proposed community facilities district: Engineering services. City review and administration. Special counsel services. Special counsel out of pocket expenses. Publishing, mailing and posting of notices. Necessary consultant costs. Costs of posting and collecting the special taxes. Personnel costs of the City. • , EXH/BIr "C" Proposed Mello-Roos Formula to Pay for the Provision of Urban Services Within Redding Community Facilities District No. 1992-1 Single-family structures and mobilehomes = $250/year Structures with more than a one-family unit = $200/year per unit Mobilehome parks = $200 per space/year Covered commercial floor area = 10o per square foot/year Covered industrial floor area = 5o per square foot/year Other nonpublic buildings = 5¢ per square foot/year Properties subject to paying a Mello-Roos special tax shall be properties that have been developed with a structure or structures. Future annexations to this Mello-Roos District may be required to pay a higher special tax. Special taxes collected under the Mello-Roos District (Community Facilities District No. 1992-1) shall be increased annually at a rate not to exceed 4 percent per year. The above special taxes represent the funds to be collected in 1993-94 based on two equal payments. The above rates include administrative costs to cover the processing, hearings, and administration of the districts. The cost to annex to the Community Facilities District No. 1992-1 shall be paid for by the annexing property owner(s) unless waived by the City Council. Properties not subject to paying a Mello-Roos special tax in this district are public buildings owned by the U. S. Government, State of California, County of Shasta, City of Redding, School Districts, or Special Districts. A property shall be considered developed when a Certificate of Occupancy has been issued or the building or structure is occupied or being used for its intended purpose,whichever occurs first. Trailers (with a valid building permit) used for construction purposes, recreation vehicles not used for residential purposes, and trailers occupying spaces in travel trailer parks for less than 30 days shall be exempt from payment of the Mello-Roos special tax for urban services. 11-2-92 LTR92\MELD-EXH.0