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HomeMy WebLinkAbout2026-06-23 - RESOLUTIONS - CFD 2020-1 COOPER ST PARKING STRUCTURE INTENT ANNEX AMENDr" RESOLUTION NO.26-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF SANTA CLARITA COMMUNITY FACILITIES DISTRICT NO. 2020-1 (COOPER STREET PARKING STRUCTURE), DECLARING ITS INTENTION TO ANNEX CERTAIN PARCELS INTO SAID DISTRICT, AND CONSIDERING CERTAIN MODIFICATIONS TO SAID DISTRICT WHEREAS, in 2020, the City Council (the "City Council") of the City of Santa Clarita (the "City"), received a petition signed by the owner of certain property requesting the establishment of City of Santa Clarita Community Facilities District No. 2020-1 (Cooper Street Parking Structure) (the "District'), pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the Government Code of the State of California (the "Act'), to finance certain public services, including operation and maintenance of a public puking structure located at 17265 Rouse Place in the City of Santa Clarita, commonly known as the Cooper Street Parking Structure (the "Services"); and WHEREAS, in 2020, the City Council adopted its resolution of intention No. 20-78, as amended by resolution no.21-1, ("Resolution of Intention'), stating its intention to form the District; and WHEREAS, pursuant to the Act and in accordance with applicable laws in all material respects, the City Council held a public hearing on January 26, 2021, to form the District and all other matters referenced in the Resolution of Intention; and WHEREAS, on January 26, 2021, the City Council adopted resolution No. 21-2 which formed the District; and WHEREAS, on January 26, 2021, the City Council, acting as the legislative body of the District, called an election for January 26, 2021, on the proposition of levying a special tax within the District for the Services; and WHEREAS, on January 26, 2021, an election was held within the District in which the eligible voters approved by more than two-thirds vote the proposition of levying a special tax within the District; and WHEREAS, on February 9, 2021, the City Council, acting as the legislative body of the District, adopted Ordinance No. 21-02 relating to the District and authorizing the levy of the special tax for the Services (the "Special Tax"); and WHEREAS, the City has received petitions to annex certain parcels to the District and modify the District by amending the rate and method of apportionment (the "Original RMA") .� and removing the current parcel from the District. Page 1 of 7 NOW, THEREFORE, the City Council of the City of Santa Clarita, California, acting as ^ the legislative body of the City of Santa Clarita Community Facilities District No. 2020-1 j (Cooper Street Parking Structure), does hereby resolve as follows: I I SECTION 1. The City Council hereby determines to institute proceedings for the annexation of certain parcels to the District and the modification of the District by amending the Original Rate and Method and removing the current parcel from the District, under the terms of the Act. The exterior boundaries of the current District are hereby specified and described to be as shown on that certain map now on file in the office of the City Clerk entitled "Amended Map of Proposed Boundaries, City of Santa Clarita Community Facilities District No. 2020-1 (Cooper Street Parking Structure)." The amended map of the boundaries of the District has been recorded in the Office of the County Recorder of Los Angeles County, California (Book 196 of Maps of Assessment and Community Facilities Districts at page 6as Document No. 20211137348 (the "Original Map"). The exterior boundaries of the area to be annexed consisting of three parcels ("Annexation No. I") and the removal of the current parcel are specified and described on that certain map now on file in the office of the City Clerk entitled "Proposed Restated Map including Annexation No. 1— City of Santa Clarita Community Facilities District No. 2020-1 (Cooper Street Parking Structure)," which map indicates by a boundary line the extent of the territory included in Annexation No. 1 and the removal of the current parcel, and following the election, shall govern for all details as to the extent of the District, including Annexation No. 1. On the original and one copy of the map of such District on file in the City Clerk's office, the City Clerk shall endorse the certificate evidencing the date and adoption of this Resolution. The City Clerk shall file the original of such map in her office and, within fifteen (15) days after the ^ adoption of this Resolution, the City Clerk shall file a copy of such map so endorsed in the records of the County Recorder, County of Los Angeles, State of California. SECTION 2. The name of the District remains "City of Santa Clarita Community Facilities District No. 2020-1 (Cooper Street Puking Structure)." SECTION 3. The types of services proposed to be provided for, and financed by, the District, include operation and maintenance of a public parking structure (the "Services"), which Services we in addition to and do not supplant those services already provided in the territory within the District prior to the establishment of the District. SECTION 4. Except where funds are otherwise available, it is the intention of the City Council to levy annually, in perpetuity, in accordance with procedures contained in the Act, the Special Tax sufficient to finance the cost of providing the Services, the costs of administering the levy and collection of the Special Tax and all other costs of the levy of the Special Tax, including any foreclosure proceedings, legal, fiscal, and £mancial consultant fees, election costs, and all other administrative costs of the tax levy. The Special Tax will be secured by the recordation of a continuing lien against all taxable and nonexempt real property in the District, including Annexation No. 1. Due to the proposed Annexation No. 1 and the removal of the current parcel within the District, the Original RMA and manner of collection of the Special Tax is proposed to be ^ amended as described in detail and set forth in Exhibit "A" attached hereto and by this reference II made a part hereof (the "Amended and Restated RMA"). The Amended and Restated RMA Page 2 of 7 provides sufficient detail to allow each owner of nonexempt real property within the District, ^ including the proposed Annexation No. 1, to estimate the maximum amount that such person will have to pay for the Services. The Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act and as described in the Amended and Restated RMA and such Special Tax is not levied on or based upon the value or ownership of real property. Upon recordation of an amended notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of the Special Taxes shall attach to all nonexempt real property in the District, including Annexation No. 1, and that lien shall continue in force and effect until collection of the Special Taxes ceases. SECTIONS. Pursuant to Section 53340 of the Act, and except as provided in Section 53317.3 of the Act, properties of entities of the state, federal, and local governments shall be exempt from the levy of the Special Tax. SECTION 6. The City Council finds that the proposed Services described in Section 3 hereof are necessary to meet increased demands placed upon the City as a result of new development occurring within and related to the boundaries of the District, including Annexation No. 1. SECTION 7. The time requirements for holding a public hearing having been waived by ^ the owners, a public hearing (the "Hearing") on the proposed Annexation No. I and modifications to the District, including amendments to the Original RMA and the removal of the current parcel shall be held on July 14, 2026 at 6:OOp.m., or as soon thereafter as practicable, at the chambers of the City Council of the City of Santa Clarita, 23920 Valencia Blvd., Santa Clarita, CA 91355. At the time and place set forth for the Hearing, any interested person, including all persons owning lands or registered to vote within the District or the proposed Annexation No. 1 may appear or be heard. Any protests may be made orally or in writing, except that any protests pertaining to the regularity or sufficiency of such proceedings shall be in writing and shall clearly set forth the irregularities and defects to which the objection is made. All written protests shall be filed with the City Clerk on or before the time fixed for such Hearing, and any written protest may be withdrawn in writing at any time before the conclusion of such Hearing. If written protests against the proposed Annexation No. 1 or the modifications to the District are filed by (a) fifty percent (50"/n) or more of the registered voters, or six (6) registered voters, whichever is greater, residing within the existing District, or (b) fifty percent (5001.) or more of the registered voters, or six (6) registered voters, whichever is greater, residing within the proposed Annexation No. 1, or (c) owners of one-half (Y,) or more of the area of land included within the existing District, or (d) owners of one-half (Y.) or more of the area of land included within proposed Annexation No. 1, the annexation and modification proceedings shall be abandoned. If said majority protest is limited to certain types of services or certain provisions of the special tax, those services or those provisions of the tax must be eliminated by the City Council. ^ SECTION 8. Each City officer who is responsible for the District, and the proposed Annexation No. 1, if annexed, is hereby directed to study the proposed Annexation No. 1 and the Page 3 of 7 proposed modifications to the District and, at or before the time of the above -mentioned Hearing, file a report with the City Council, and which is to be made a part of the record of the Hearing, containing a brief description of the proposed Annexation No. 1 and the proposed modifications to the District and his or her estimate of the cost of providing the Services within the boundary of the District, including Annexation No. 1. The Director of Administrative Services is directed to estimate or cause the estimation of the fair and reasonable cost of all incidental expenses, including all costs associated with the Annexation No. 1 and the modifications to the District, determination of the amount of any Special Taxes, collection of any Special Taxes, or costs otherwise incurred in order to carry out the authorized purposes of the City with respect to the District. SECTION 9. The City Clerk is hereby directed to publish a notice ("Notice") of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the District and the proposed Annexation No. 1. Such Notice shall contain the text or a summary of this Resolution, state the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the District and the proposed Annexation No. 1, as provided in Section 53322 of the Act and a description of the proposed voting procedure for the election required by the Act. Such publication shall be completed at least seven (7) days prior to the date of the Hearing. SECTION 10. The voting procedures to be followed in conducting the special election on the proposition of the proposed Annexation No. 1 to the District and the proposed modifications ^ to the District with respect to the levy of special taxes on the land within the District, including I Ij Annexation No. 1, to fund the Services, if the proposed Annexation No. 1 is annexed to the District and such special election (the "Election') is held, shall be as follows: (a) If at least 12 persons have been registered to vote within the territory of the proposed Annexation No. I and the existing District for each of the ninety (90) days preceding the close of the Hearing, the vote in the Election shall be by the registered voters of Annexation No. 1 with each voter having one vote. In that event, the Election shall be conducted by the City Clerk (the "Election Official") and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the Act and pursuant to the provisions of the Elections Code of the State of California governing elections of cities, insofar as they may be applicable, and pursuant to said Section 53326 the ballots for the Election shall be distributed to the qualified electors by mail with return postage prepaid, and the Election shall be conducted as a mail ballot election. (b) If at the time of the close of the Hearing, and for at least the preceding ninety (90) days, less than 12 persons have been registered to vote within the territory of the proposed Annexation No. 1 and the existing District for each of the ninety (90) days preceding the close of the Hearing, and pursuant to Section 53326 of the Act, the vote is therefore to be by the landowners of taxable parcels within Annexation No. 1, with each landowner of record at the close of the Hearing having one vote for each acre or portion of an acre of land that he or she owns within the proposed Annexation No. 1, the Election shall be conducted by the Election Official as follows: Page 4 of 7 (1) The Election shall be held on the earliest date, following the Hearing and adoption of a resolution submitting the proposition of the proposed Annexation No. 1 and modifications to the District, including the levy of special taxes to fund the Services, upon which such Election can be held pursuant to said Section 53326 which may be selected by the City Council, or such earlier date as the owners of land within the proposed Annexation No. 1 and the Election Official agree and concur is acceptable. (2) Pursuant to said Section 53326, the Election maybe held earlier than ninety (90) days following the close of the Hearing if the qualified electors waive the time limits for conducting the elections set forth in said Section 53326 by unanimous written consent and the Election Official concurs in such earlier election date as shall be consented to by the qualified electors. (3) Pursuant to said Section 53326, ballots for the Election shall be distributed to the qualified electors by the Election Official by mail with return postage prepaid, or by personal service. (4) Pursuant to applicable sections of the Elections Code of the State of California governing the conduct of mail ballot elections of cities, and the City, the Election Official shall, among other things, mail or deliver or cause to be mailed or delivered to each qualified elector an official ballot in a form specified by the City Council in the resolution calling the Election, and a return identification envelope with prepaid postage thereon addressed to the Election Official for returning voted official ballots. (5) The official ballot to be mailed or delivered by the Election Official to each landowner -voter shall have printed or typed thereon the name of the landowner -voter and the number of votes to be voted by the landowner -voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner -voter and if the landowner -voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner -voter entitled to vote such official ballot. (6) The return identification envelope mailed or delivered by the Election Official to each landowner -voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of pequry stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose time appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope e9mains an official ballot and is to be opened only by the Election Official. (7) The instruction to voter form to be mailed or delivered by the Election Official to the landowner -voters shall inform them that the official ballots shall be returned to the Election Official properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by the Page 5 of 7 hour on the date of the Election which is specified by the Election Official for the receipt of ballots; provided that if all qualified voters have voted, the Election may be closed by the Election Official. (8) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the Election, the Election Official shall canvass the votes cast in the Election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot. The procedures set forth in this section for conducting the Election, if held, may be modified as the City Council may determine to be necessary or desirable. SECTION 11. The City may accept advances of funds from any sources, including private persons or private entities, and is authorized and directed to use such funds for any authorized purpose, including any cost incurred by the City in the proposed Annexation to the District. The City may enter into an agreement to repay all of such funds as are not expended or committed for any authorized purpose at the time of the election on the levy of the Special Tax, if the proposal to levy such tax should fail, and at its option to repay any or all of such funds advanced if the levy of the Special Tax shall be approved by the qualified electors of the District. SECTION 12. Pursuant to Section 53329.5 of the Act and except as provided in the Amended and Restated RMA, the City Council finds that the public interest will not be served by allowing the property owners within the District to enter into a contract in accordance with subdivision (a) of that section, and that the property owners shall not be permitted to elect to perform the work and enter into a written contract with the City for the provision of the Services pursuant to said Section 53329.5 except as provided in the Amended and Restated RMA. SECTION 13. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED, AND ADOPTED this 23`d day of June, 2026. ATTEST: CITV CLERM DATE: MAYOR n Page 6 0£ 7 STATE OF CALIFORNIA ) ^-R COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Melody Bartlette, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution No. 26-38 was duly adopted by the City Council of the City of Santa Clarita, acting as the legislative body of the City of Santa Clarita Community Facilities District No. 2020-1 (Cooper Street Parking Structure), at a regular meeting thereof, held on the 23rd day of June, 2026, by the following vote: AYES: COUNCILMEMBERS: Gibbs, Ayala, Miranda, McLean, Weste NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Page 7 of 7 EXHIBIT A AMENDED AND RESTATED RATE AND METHOD OF APPORTIONMENT FOR CITY OF SANTA CLARITA COMMUNITY FACILITIES DISTRICT NO. 2020-1 (COOPER STREET PARKING STRUCTURE) A Special Tax as hereinafter defined shall be levied on all Assessors Parcels in City of Santa Clarita Community Facilities District No. 2020-1 (Cooper Street Parking Structure) ("CFD No. 2020-1" or "CFD") and collected each Fiscal Year commencing in Fiscal Year 2026-27, in an amount determined by the Council or its designee, through the application of the Rate and Method of Apportionment ("RMA"), as described below. All of the real property in CFD No. 2020-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. DEFINITIONS The terms hereinafter set forth have the following meanings: "Act" means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. F� "Adjusted Parcel Area" means the adjusted land area that is assigned to Taxable Parcel(s) for purposes of determining the Maximum Special Tax whenever there is a Change in Total Parcel Area. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2020-1 that are not included in the Direct Operating Costs. This includes, without limitation, the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); collecting the Special Taxes (whether by the City or otherwise); responding to inquiries regarding the Special Taxes; costs of the City, CFD No. 2020-1 or any designee thereof related to an appeal of any Special Tax levy; and the City's annual administration fees and third party expenses. "Annual Budget" means the budget approved or determined by the City for CFD No. 2020-1 for a Fiscal Year, including the estimated costs of providing the Services, Administrative Expenses, reserve deposits, deferred maintenance funding, and other amounts authorized to be funded. "Annual Escalation Factor" means the greater of (i) the annual percent increase, as of April 2027 and each April thereafter, in the Bureau of Labor Statistics' Consumer Price Index for All Urban Consumers (CPI-U) for the Los Angeles -Long Beach -Anaheim area or (ii) 3.0%. "Assessor" means the Assessor of the County of Los Angeles. "Assessor's Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an assigned n Assessor's parcel number. A-1 "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels ^ by Assessor's Parcel number. "Assessor's Parcel Number or APN" means the number assigned to the Assessors Parcel by the County Assessor as shown on the Assessors Parcel Map. "CFD or CFD No. 2020-1" means City of Santa Clarita Community Facilities District No. 2020-1 (Cooper Street Parking Structure). "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement, as described in Section I, and providing for the levy and collection of the Special Taxes. "Change in Total Parcel Area" means any event where Assessors Parcel(s) change, such as a lot line adjustment, the addition of an easement, or some other change, resulting in the Total Parcel Area not being equal to the Taxable CFD Area (91,140 square feet). "City" means the City of Santa Clarita. "Council" means the City Council of the City of Santa Clarita, acting as the legislative body of CFD No. 2020-1. "County" means the County of Los Angeles, California. ^ "Direct Operating Costs" means the estimated annual costs of operating, maintaining, repairing, and administering the Parking Structure that are included in the Annual Budget. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Maximum Special Tax" means for each Fiscal Year and for each Taxable Parcel, the maximum Special Tax that can be levied by CFD No. 2020-1 on such Taxable Parcel. "Non -Budgeted Costs" means maintenance costs that occur during any Fiscal Year that were not included in the Special Tax Requirement. "Operating Fund" means a fund that shall be maintained for CFD No. 2020-1 for any Fiscal Yearto pay for Direct Operating Costs, Other Maintenance Costs, and Administrative Expenses of the CFD. "Other Maintenance Costs" means for any Fiscal Year, the estimated costs to maintain and operate the Parking Structure that are not included in the Direct Operating Costs. This includes all labor costs, including benefits and other payroll costs of paid personnel engaged in the operation of the Parking Structure; utility costs; the cost of trash services; any other operations costs; and any other Services authorized for the CFD. "Parcel Area" means the land area of an Assessors Parcel, measured in square feet, as shown on an Assessor's Parcel Map, or if the land area is not identified on an Assessor's Parcel Map, the land area ^ identified on the applicable final map, parcel map, or other recorded County document. A-2 "Parking Structure" means the parking facility known as the Cooper Street Parking Structure, Cooper Street Parking Garage, or Parking Facility 1 located within the Vista Canyon project in the City. "Proportionately' means that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Taxable Parcel(s) within CFD No. 2020-1. "Reserve Fund(s)" means fund(s) that shall be maintained for CFD No. 2020-1 for accumulating funds to pay for deferred maintenance items that are included in the Annual Budget, or to pay for maintenance costs that are not budgeted. "Service(s)" means the operations, maintenance, repair, replacement, and administration of the Parking Structure, including but not limited to, automated gate maintenance, parking space restriping, concrete repair and elevator maintenance and other operations and maintenance services. "Special Tay" means any of the special taxes authorized to be levied within CFD No. 2020-1 pursuant to the Act to fund the Special Tax Requirement. "Special Tax Requirement" means, for each Fiscal Year, the amount necessary to pay the costs of providing the Services, including (i) Direct Operating Costs; (ii) Other Maintenance Costs; (iii) Administrative Expenses; and (iv) amounts necessary to increase or replenish the Operating Fund and/or Reserve Fund, as determined by the CFD Administrator, less any revenues reasonably expectedto be availableto paysuch costs, including amounts reasonably ^ expected to be collected by Vista Canyon Community Facilities District No. 2016-1, Special Tax I for Services, as determined by the City at its sole discretion. I "State" means the State of California. "Supplemental Special Tax" means the Special Tax levied pursuant to Section G to fund Non - Budgeted Costs. "Taxable CFD Area" means an amount equal to 91,140 square feet. "Taxable Parcel(s)" means the Assessor's Parcels within the boundaries of CFD, which are not exempt from the levy of the Special Tax pursuant to law or Section J below. "Taxable Parcel Area" means, initially, the Parcel Area of a Taxable Parcel. If a Change in Total Parcel Area occurs, Taxable Parcel Area will mean the Adjusted Parcel Area of a Taxable Parcel. "Total Parcel Area" means, at any time, the sum of the Parcel Area of all Taxable Parcel(s) within the CFD. DETERMINATION OF TAXABLE PARCELS Each Fiscal Year, commencing with Fiscal Year 2026-27, each Taxable Parcel shall be subject to Special Tax in accordance with the RMA determined pursuant to Sections C, D and E below. All Assessor's Parcels within the boundaries of CFD No. 2020-1, except for Non -Taxable Parcels or those that are exempt n from the Special Tax pursuant to law, shall be considered as Taxable Parcels. A-3 DETERMINATION OF TAXABLE AREA Each Fiscal Year, the Taxable Parcel Area shall be determined for the Taxable Parcels as follows: i. If there have been no changes to Taxable Parcels since the inception of the CFD, then the Taxable Parcel Area shall be equal to the Parcel Area for all Taxable Parcels. The Taxable Parcel Area will not change until the first occurrence of a Change in Total Parcel Area, if any. ii. In the Fiscal Year of the first occurrence of a Change in Total Parcel Area, if any, the Adjusted Parcel Area for each Taxable Parcel shall be determined by dividing the Parcel Area of the Taxable Parcel by the total Parcel Area of all Taxable Parcels and multiplying the percentage quotient by the Taxable CFD Area (91,140 square feet). The Taxable Parcel Area shall then be equal to the Adjusted Parcel Area for all Taxable Parcels for such Fiscal Year until there is an occurrence of a Change in Total Parcel Area, if any. Ill. For any Fiscal Year thereafter, if there is an occurrence of a Change in Total Parcel Area, the Adjusted Parcel Area for each Taxable Parcel shall be recalculated in the same manner as in the previous step in order to determine the Taxable Parcel Area. MAXIMUM SPECIALTAX RATE The Fiscal Year 2026-27 Maximum Special Tax Rate for CFD No. 2020-1 is as follows. $10.09 per square foot of Taxable Parcel Area On each July 1, commencing on July 1, 2027, the Maximum Special Tax Rate shall be increased by an amount equal to the Annual Escalation Factor multiplied by the Maximum Special Tax Rate in effect for the previous Fiscal Year. MAXIMUM SPECIAL TAX For each Fiscal Year, the Maximum Special Tax for any Taxable Parcel shall be equal to the Maximum Special Tax Rate times the Taxable Parcel Area. METHOD OF APPORTIONMENT OF THE SPECIAL TAX For each Fiscal Year, commencing Fiscal Year 2026-27, the City shall levy the Special Tax Proportionately on Taxable Parcels within CFD No. 2020-1, up to a total amount equal to the lesser of the Special Tax Requirement or the Maximum Special Tax. SUPPLEMENTAL SPECIAL TAX FOR NON -BUDGETED COSTS During any Fiscal Year, if available funds in the Operating Fund and the Reserve Fund are not sufficient to pay for Non -Budgeted Costs, the City may levy Supplemental Special Taxes Proportionately on Taxable Parcels within CFD No. 2020-1, up to an amount equal to the applicable Maximum Special Tax, less the Special Tax previously levied for the Fiscal Year. Any Supplemental Special Tax levy shall be billed directly to property owners for collection 30 days after the date of billing. A-4 MANNER OF COLLECTION OF THE SPECIAL TAX The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2020-1 may collect the Special Tax at a different time or in a different manner, including direct billing, if necessary to meet its funding requirements. DURATION OF THE SPECIAL TAX The Special Tax shall be levied in perpetuity to fund the Special Tax Requirement, unless no longer required as determined at the sole discretion of the Council. EXEMPTIONS No parcel(s) shall be exempt from the Special Tax unless exempted by law or designated as Non - Taxable Parcel(s). PREPAYMENT OF THE SPECIAL TAX The Special Tax may not be prepaid. APPEALS AND INTERPRETATIONS During any Fiscal Year, any landowner who feels that the amount of the Special Taxes levied on their Assessor's Parcel is in error may submit a written appeal to the CFD Administrator, provided that the landowner is current in the payment of the Special Taxes and such written appeal is submitted no later than the final day of the Fiscal Year of the appeal. The CFD Administrator shall review the appeal and provide findings to the City. For necessary corrections, no refund shall be given; however, the amount of the Special Taxes levied shall be adjusted appropriately in the following Fiscal Year(s). The CFD Administrator may interpret the RMA for purposes of clarifying any ambiguities and make determinations relative to the annual administration of the Special Taxes and any landowner appeals, including setting the annual Special Tax Requirement, waiving all or a portion of penalties and interest on delinquent Special Taxes, and determining primary and supplemental billing method for the Special Taxes. A-5 AMENDED BOUNDARY MAP •ANNEXATION MAP NO. 1 cwK..n:��w aen�.cr'a rio. �ay. m�7nrvwf.°w'iin.°Rsev01a '� �wmw� e 6 i� C [ [