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HomeMy WebLinkAbout2002-10-22 - ORDINANCES - CFD TAX VALENCIA TOWN CENTER (2)ORDINANCE NO. CFD 02-1-1 AN ORDINANCE 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. 2002-1 (VALENCIA TOWN CENTER), AUTHORIZING THE LEVY OF A SPECIAL TAX WHEREAS, on August 27, 2002, the City Council (the "City Council") of the City of Santa Clarita (the "City") adopted the Resolution of Intention stating its intention to form the City of Santa Clarita Community Facilities District No. 2002-1 (Valencia Town Center) (the "CFD") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, (the "Act"), for the purpose of financing the optional redemption of the outstanding principal amount of the City of Santa Clarita Community Facilities District No. 92-1 (Valencia Town Center) Special Tax Bonds, Series A (the "1992 Bonds"), and the extinguishment of the special tax lien associated with the City of Santa Clarita Community Facilities District No. 92-1 (Valencia Town Center) (the "Existing CFD"), (collectively, the "Project"); and WHEREAS, on August 27, 2002, the City Council also adopted the Resolution of Intention to Issue Debt stating its intention and the necessity to incur bonded indebtedness in the amount of not to exceed $18,500,000 to be issued for the purpose of financing the Project; and WHEREAS, notice was published as required by law relative to the intention of the City Council to form the CFD and to incur bonded indebtedness in the amount not to exceed $18,500,000 within the boundaries of the CFD; and WHEREAS, on October 8, 2002, this City Council held a noticed public hearing as required by law relative to the determination to proceed with the formation of the CFD, the rate and method of apportionment and manner of collection of the special tax to be levied within the CFD to pay the principal and interest on the proposed bonded indebtedness of the CFD and relative to the necessity for authorizing the bonds, the purpose for which the bonds are to be issued, the amount of the proposed debt, the maximum term of the bonds and the maximum annual rate of interest to be paid; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of the CFD and the incurring of bonded indebtedness by the CFD were heard and a full and fair hearing was held; and WHEREAS, the City Council subsequent to said hearing adopted the Resolution of Formation determining the validity of prior proceedings relative to the formation of the CFD and established the CFD; and WHEREAS, the City Council subsequent to said hearing adopted the Resolution calling a Special Election which called an election within the CFD for October 8, 2002 on the proposition of incurring bonded indebtedness, levying a special tax and setting an appropriations limit; and Ordinance No. CFD 02-1-1 Page 2 WHEREAS, on October 8, 2002, an election was held within the CFD in which the eligible electors approved by more than two-thirds vote the proposition of incurring bonded indebtedness, levying a special tax, and setting an appropriations limit; NOW, THEREFORE, the City Council of the City of Santa Clarita, acting as the legislative body of the City of Santa Clarita Community Facilities District No. 2002-1 (Valencia Town Center), does hereby ordain as follows: Section 1. A special tax is levied within the boundaries of the CFD pursuant to the formula set forth in Exhibit "A" attached hereto and incorporated by reference, or as such special tax may be amended from time to time by a resolution of change adopted pursuant to the provisions of the Act (the "Special Tax"), in an amount necessary to pay all of the costs of the Project, periodic costs, and costs of the tax levy and collection, and all other costs including amounts payable with respect to the bonded indebtedness. Section 2. This legislative body hereby authorizes the Director of Administrative Services on or before September 1 of each fiscal year to determine the specific tax rates and amounts to be levied for the current fiscal year in accordance with the rate and method of apportionment as provided in section 53340 of the Act, and to prepare or cause to be prepared a list of all nonexempt parcels within the CFD and the specific amount of the Special Tax for each such parcel, except that the special tax rate to be levied shall not exceed the maximum rates for the Special Tax. Section 3. All of the collections of the Special Tax shall be used as provided for in the Act and the Resolution of Formation and any resolution of change adopted from time to time by the City Council. Section 4. The above authorized Special Tax shall be separately billed and collected by the CFD from each owner of record of taxable property within the CFD and shall be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, the CFD may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations, or, alternatively, the CFD may collect the Special Tax in the same manner as ordinary ad valorem taxes are collected. Section 5. The Mayor shall sign this ordinance and the City Clerk shall attest to such signature. The City Clerk is directed to cause the title and summary or text of the this ordinance, together with the vote thereon, to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated within the territorial jurisdiction of the City, and to post at the offices of the City a certified copy of the full text of the adopted ordinance along with the names of the Council Members voting for and against the ordinance. Section 6. This ordinance relating to the levy of the Special Tax takes effect and shall be in force immediately after the date of final passage. Ordinance No. CFD 02-1-1 Page 3 PASSED, APPROVED AND ADOPTED this 22nd day of October, 2002. Mayor of the City of Santytlarita, on behalf of the Cityf Santa Clarita Community Facilities District No. 2002-1 (Valencia Town Center) ATTEST: City Clerk of the City of Santa Clarita, on behalf of the City of Santa Clarita Community Facilities District No. 2002-1 (Valencia Town Center) STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. CFD 02-1-1 was introduced 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. 2002-1 (Valencia Town Center) at a regular meeting thereof, held on the 8th day of October, 2002, and was duly adopted at a regular meeting of the City Council, held on the 22nd day of October, 2002, by the following vote: AYES: COUNCILMEMBERS: McLean, Kellar, Smyth, Weste, Ferry NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None CITY CLERK 45224460.2 EXHIBIT "A" RATE AND METHOD OF APPORTIONMENT EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX A Special Tax shall be levied and collected in Community Facilities District No. 2002-1 of the City of Santa Clarita ("CFD No. 2002-1") each Fiscal Year, in an amount determined by the City Council of the City of Santa Clarita acting in its capacity as the legislative body of CFD No. 2002-1 through the application of the procedures described below. All of the real property in CFD No. 2002-1, 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: "Acreage" or "Acre" means that acreage shown on the Assessor's Parcel Map for each Assessor's Parcel. In the event that the Assessor's Parcel Map does not indicate acreage, the Acreage for any Assessor's Parcel shall be that shown or determined from the applicable condominium plan, final map or parcel map. 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 CFD No. 2002-1: the costs of computing the Special Tax Requirement and the annual Special Tax 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 in complying with the disclosure requirements of applicable federal and state securities laws and the California Government Code (including the Act), including public inquiries regarding the Special Taxes; the costs associated with the release of funds from any e scrow account (to the extent not paid from other sources); the costs of the City or designee related to an appeal of the Special Tax and an allocable share of the salaries and an allocable portion of City's overhead costs relating to the foregoing; the costs of the City or designee related to any rebate calculations for CFD No. 2002-1; the fees and expenses of CFD No. 2002-1 associated with a prepayment as calculated by the CFD Administrator including, but not limited to, the costs of computing the prepayment, the costs of removing any Special Taxes from the Assessor's Roll, the costs of redeeming the Bonds, and the costs of recording and publishing any notices to evidence the prepayment and the redemption of Bonds; the costs of commencing and pursuing to completion any foreclosure action 45224469.1 A-1 arising from delinquent Special Taxes in CFD No. 2002-1. Administrative Expenses shall also include amounts advanced by the City for any administrative purposes of CFD No. 2002-1. "Assessor's Parcel" means a lot or parcel shown in 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 indebtedness (as defined in the Act), whether in one or more series, secured by the levy of Special Taxes within CFD No. 2002-1. "CFD Administrator" means an official of the Council, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of Special Taxes. "City" means the City of Santa Clarita, California. "Class 1 Property" means all property located within the boundaries of CFD No. 2002- 1, exclusive of Assessor's Parcel 2861-058-024 or its successor(s), which is not exempt from the Special Tax pursuant to Section E below. "Class 2 Property" means Assessor's Parcel 2861-058-024 or its successor(s). "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. 2002-1. "County" means the County of Los Angeles, California. "Exempt Property" means all property located within the boundaries of CFD No. 2002- 1 which is exempt from the Special Tax pursuant Section E below. "Fiscal Year" means the period starting on each July 1 and ending on the following June 30. "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. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C that can be levied by the Council in any Fiscal Year on any Assessor's Parcel. 45224469.1 A-2 _ "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 that amount required in any Fiscal Year: (1) to pay the Administrative Expenses, (2) to pay debt service on any issued and outstanding Bonds, (3) to replenish any reserve funds attributable to CFD No. 2002-1 and established in connection with the Bonds, (4) to 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) to pay for any delinquent Special Taxes or reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year, and less (6) available funds as directed under the Indenture. B. CLASSIFICATION OF PROPERTY Each Fiscal Year, all property within CFD No. 2002-1 shall be classified as either Class 1 Property, Class 2 Property, or Exempt Property. C. MAXIMUM SPECIAL TAX The Fiscal Year 2002-2003 Maximum Special Tax for each Assessor's Parcel classified as Class 1 Property shall be $27,003 per A cre. The Fiscal Y ear 2 002-2003 M aximum .— Special Tax for Class 2 Property shall be $181,888 per Acre. The Maximum Special Tax for Class 1 Property and Class 2 Property shall increase at an annual rate of two percent (2.0%) commencing with Fiscal Year 2003-2004. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2002-2003 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement. The Council shall levy the Special Tax as follows until the amount of the levy equals the Special Tax Requirement. First: The Special Tax shall be levied in equal percentages on each Assessor's Parcel of Class 1 Property and Class 2 Property, up to the Maximum Special Tax for Class 1 Property and up to fourteen and eighty-five hundredths percent (14.85%) of the Maximum Special Tax for Class 2 Property; and Second: If additional Special Taxes are needed to satisfy the Special Tax Requirement after the first s tep has b een completed, the Special Tax shall be increased on Class 2 Property up to the Maximum Special Tax for such property as set forth in Section C above. E. EXEMPTIONS The Council shall not levy a Special Tax on properties owned by the State of California, Federal or other local governments or public agencies except as otherwise provided in Sections 53317.3 and 53317.5 of the Act. 45224469.1 A-3 F. APPEALS Any property owner who feels that the amount of the Special Tax levied on their Assessor's Parcel is in error may submit a written appeal to CFD No. 2002-1. The Council may interpret this Rate and Method of Apportionment of Special Tax for purposes of clarifying any ambiguity and make determinations relative to the annual levy of the Special Tax and any property owner appeal. The CFD Administrator shall review the appeal and any errors in the amount of the Special Tax levied shall be appropriately modified. Any decision of the Council shall be final and binding as to all persons. G. MANNER OF COLLECTION The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes, or alternatively, at the discretion of the Council, CFD No. 2002-1 may separately bill to and collect the Special Tax from each owner(s) of record of Class 1 Property and Class 2 Property. H. PREPAYMENT OF SPECIAL TAX 1. Prepayment in Full The 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 Assessor's Parcel and all other Assessor's Parcels which are under the same ownership and located within CFD No. 2002-1. 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 75 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 (1) Principal, (2) Premium, (3) Defeasance, and (4) Fees, minus the Reserve Fund Credit and the Capitalized Interest Credit, where the terms "Principal," "Premium," "Defeasance," "Fees," "Reserve Fund Credit," and "Capitalized Interest Credit" have the following meanings: "Principal" means the principal amount of Bonds to be redeemed and equals the quotient derived by dividing (a) the applicable Maximum Special Tax for the Assessor's Parcel intending to prepay by (b) the corresponding Fiscal Year aggregate special taxes for CFD No. 2002-1 commencing with $1,240,464 in Fiscal Year 2002-03 and escalating annually by two percent (2.0%) thereafter (and excluding from (b) any Maximum Special Taxes for Assessor's Parcels which have fully prepaid the Maximum Special Tax), and multiplying the quotient by the principal 45224469.1 A-4 amount of Bonds issued and outstanding. "Premium" means an amount equal to the Principal multiplied by the applicable redemption premium, if any, for the Bonds 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 less the amount that is estimated to be received from the reinvestment of the difference of the Prepayment and the Fees. Credit shall also be given for any Special Tax heretofore paid and which has not yet been utilized to pay the Special Tax Requirement. "Fees" equal the fees and expenses of CFD No. 2002-1 directly related to the Prepayment. "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. "Capitalized Interest Credit" means the pro rata amount of capitalized interest allocable to the Assessor's Parcel intending to prepay the Special Tax, if any, determined by multiplying the quotient computed when determining Principal by the amount of capitalized interest remaining after the next succeeding interest payment. The sum of the amounts calculated in the preceding steps shall be paid to CFD No. 2002-1 and shall be used to pay and redeem Bonds in accordance with the Indenture and to pay the Fees. Upon the payment of such Prepayment to CFD No. 2002-1, 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. 2. Prepayment in Part .._ The Maximum Special Tax for any Assessor's Parcel may be prepaid in part 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 Assessor's Parcel and all other Assessor's Parcels which are under the same 45224469.1 A-5 ownership and located within CFD No. 2002-1. 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 75 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 H.1 above substituting the portion of the Maximum Special Tax to be prepaid for the Maximum Special Tax applicable to the Parcel when computing Principal. 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 Maximum Special Taxes that may be levied in CFD No. 2002-1 pursuant to Section D after the proposed prepayment is at least the sum of (i) the estimated Administrative Expenses and (ii) one hundred ten percent (110%) of the annual debt service for the Bonds, taking into account the Bonds to remain outstanding after such prepayment. 45224469.1 A-6