Loading...
HomeMy WebLinkAbout91-02429033-22 JYII-IV/:pJT:slc 01/23/91 J8530 02/06/91 o2/ of9 3 x 3 RESOLUTION NO. 91-024 A RESOLUTION OF INTENTION TO ESTABLISH A COMMUNITY FAC, ri ,ITIES DISTRICT AND TO AUTHOI~I~ TI:IE LEVY OF SPECIAL TAXES PURSUANT TO THE CITY OF SANTA ANA SPECIAL TAX FINANCING IMPROVEMENT CODE Community Facilities District No. (Fire Facilities and Services) of the City of Santa Aha WHEREAS, under the City of Santa Aha Special Tax Financing Improvement Code, enacted by Ordinance No. NS-2033 of the City adopted on November 20, 1989 (the "Act"), this City Council may act as the legislative body for proposed community facilities districts and is empowered with the authority to establish community facilities districts; and WHEREAS, this City Council desires to proceed with the establishment of a community facilities district under the Act to provide for the financing of certain fire protection and suppression facilities and services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. This City Council proposes to conduct proceedings to establish a community facilities district pursuant to the Act. 2. The name proposed for the District is Community Facilities District No. 1 (Fire Facilities and Services) of the City of Santa Aha. 3. The proposed boundaries of the District are as shown on the map of the District on file with the City Clerk, which boundaries are hereby preliminarily approved and to which map reference is hereby made for further particulars. The City Clerk is hereby directed to record, or cause to be recorded, said map of the boundaries of the District in the office of the County Recorder as soon as practicable after the date of adoption of this Resolution. 4. The type of public facilities and services proposed to be financed by the District and pursuant to the Act shall consist of those items listed as facilities (the "Facilities") and as services (the "Services") on Exhibit A hereto, which exhibit is by this reference incorporated herein. 5. Except to the extent that funds are otherwise available to the District to pay for the Facilities, the Services and/or the principal and interest as it becomes due on bonds of the District issued to finance the Facilities, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the 314 District, is intended to be levied annually within the District, and collected in the same manner as ordinary ad valorem property taxes. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within the proposed District to estimate the maximum amount such owner will have to pay, are described in Exhibit B attached hereto, which exhibit is by this reference incorporated herein. 6. It is the intention of this City Council acting as the legislative body for the District to cause bonds of the City to be issued for the District pursuant to the Act to finance in whole or in part the Facilities. Said bonds shall be in the aggregate principal amount of not to exceed $50,000,000, shall bear interest payable semi-~,~-ually or in such other manner as this City Council shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and shall mature not to exceed 40 years from the date of the issuance thereof. 7. The levy of said proposed special tax shall be subject to the approval of the qoslified electors of the District at a special election. The proposed voting procedure shall be by mailed ballot among the landowners in said proposed District, with each owner having one vote for each acre or portion of an acre such owner owns in the District. 8. Except as may otherwise be provided by 1aw or by the rate and method of apportionment of the special taxes set forth in Exhibit B, all lands owned by any public entity, including the United States, the State of California and/or the City, or any departments or political subdivisions thereof, shall be omitted from the levy of the special tax to be made to cover the costs and expenses of the Facilities. In the event that a portion of the property within the District shall become for any reason exempt, wholly or in part, from the levy of the special tax described in Exhibit B, this City Council will, on behalf of the District, increase the levy to the extent necessary upon the remaining property within the District which is not exempt in order to yield the required debt service payments and other annual expenses of the District, if any, subject to any maximum special tax that may be levied. 9. The Fire Chief of the City is hereby directed to make, or cause to be made, and file with the City Clerk a report in writing, presenting the following: (a) A brief description of the Facilities and Services by type. (b) An estimate of the cost of providing the Facilities and the Services, including the costs of the proposed bond financing and all other related administrative costs as provided in Section 20-22 of the Act. Said report shall be made a part of the record of the public hearing provided for below. 10. Monday, Aori ] 1, 1991, at 7:3Op.m., in the regular meeting place of this City Council, in the City Cbuncil Chambers at 20 Civic Center Plaza, Santa Aha, California, be, and the same are hereby appointed and fixed as the time and place when and where this City Council, as legislative body for the District, will conduct a public hearing on the establishment of the District and consider and finally determine whether the public interest, convenience and necessity require the formation of the District and the levy of said special tax. -2- 11. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form of Exhibit C hereto. ADOPTED this ~th day of March ATTEST: Clerk ~ncil COUNCILMEMBERS: Young ,,. AyE Pulido AYE Acosta AYE Griset AYE McGuigan Ay~ Norton AYE Richardson AYE , 199 ~ . APPROVED AS TO FORM: Edward~J.V oC~_r~ City Attorney CERTIFICATE OF ORIGINALITY State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution 9]-024 to be the original resolution adopted by the City Council of the City of Santa Ana on 3/4/9] City of Santa Ana '3- 316 EYI-WRIT A DESCHIPTION OF FACILITIES AND SERVICES TO BE FINANCED BY TH~: DISTRICT Comm~mity Facilities District No. 1 (Fire Facilities and Services) of the City of Santa Aaa FACILITIES: 1. Fire Fight'mg Equipment, including but not limited to new ~ruck and ladder apparatus and appurtenances, to accommodate fire fighting for buildings more than two stories in height. 2. First Station Improvements, including improvements and/or renovation for existing and new fire stations intended to accommodate truck and ladder apparatus and other equipment described above, and including all related appurtenances. 3. Improvements to Fire Training Facilities, including improvements to facilitate practice for fire fighting for buildings more than two stories in height, and related equipment and appurtenances. SERVICES: 1. Personnel Costs incident to the facilities described above, and otherwise supplemental to existing fire fighting personnel, related to fire protection and suppression activities for buildings more than two stories in height, including costs of firefighters and clerical workers, inspectors and supervisory personnel such as salaries, overtime compensation, health plan costs, workers compensation costs, and costs of retirement and personnel leaves and related costs. 2. Costs of Operations and Maintenance related to the facilities described above, including insurance costs, maintenance and supplies, a portion of the overall maintenance of the fire stations related to such facilities and personnel described above, and utilities and related costs. OTHER: 1. Costs of engineering, design, planning and coordination related to the above-listed facilities. expenses. Bond related expenses, including bond counsel and all other incidental 3. Administrative fees of the City and any Bond fiscal agent related to the District and the Bonds. A-1 PROPOSED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX Community Facilities District No. 1 (Fire Facilities and Services ) of the City of Santa Aha 3i7 A Special Tax applicable to each Parcel in the District shall be levied and collected according to the tax liability determined by the Executive Director of Finance and Management Services of the City of Santa Aha, or his designee, through the application of the rate and method of apportionment of the Special Tax set forth below. All of the property in the District, unless exempted by law, shall be taxed to the extent and in the manner herein provided. The Special Tax is to be levied each Fiscal Year in an amount sufficient to pay Annual Costs. The Special Tax may be levied on each Parcel in each Fiscal Year in an mount not to exceed the Maximum Special Tax. The actual Special Tax to be levied each Fiscal Year will be calculated for each Parcel as follows: Taxable Sauare Footage of Parcel Total Taxable Square Footage X Annual = Parcel's Costs Special Tax "Administrative Fcc~ or Expenses" means any or all of the following: the fees and expenses of the Fiscal Agent under the Fiscal Agent Agreement and any supplement or amendment thereto (including any fees or expenses of its counsel), any fees of the County of Orange related to the collection of the Special Tax or the District, the expenses of the City in carrying out its duties with respect to the District (including, but not limited to, the levy and collection of the Special Taxes), including the fees and expenses of its counsel, an allocable share of the salaries of the City staff directly related thereto, a proportionate amount of City general administrative overhead related thereto, any amounts paid by the City from its general funds with respect to the District, and all other costs and expenses of the City or the Fiscal Agent incurred in connection with the discharge of their respective duties under the Fiscal Agent Agreement and, in the case of the City, in any way related to administration of the District. "Annual Costs" for any Fiscal Year, equals the sum of (i) Debt Service for such Fiscal Year; (ii) Administrative Fees or Expenses for such Fiscal Year; (iii) Estimated Services for such Fiscal Year; (iv) the amount, if any, necessary to replenish the Reserve Fund for the Bonds; plus (v) an amount equal to delinquencies in the payment of Special Taxes levied in the previous Fiscal Year. '~Bonds" means the Community Facilities District No. 1 (Fire Facilities and Services) of the City of Santa Aha Special Tax Bonds at any time outstanding under the Fiscal Agent Agreement or any supplement thereto. '~uilding" means any structure on a Parcel which is more than two stories in height and for which a certificate of occupancy for such structure (or the shell of such structure) B-1 has been issued; provided that any structure which is owned by a governmental body whose property generally is not subject to real property taxes shall not be considered a Building, unless such structure is owned by a public agency which has made applicable findings under Section 20-15 of the City of Santa Aha Special Tax Financing Improvement Code. "City" means the City of Santa Ana, California. "Debt Service", for each Fiscal Year, means the total znnual principal and interest due on the Bonds during such Fiscal Year, less investment-earnings on the Reserve Fund not required to be set aside pursuznt to the Fiscal Agent Agreement for purposes of rebate to the federal government pursuant to the Internal Revenue Code of 1986, and less any capitalized interest and any other amounts remaining in the Bond Fund held under the Fiscal Agent Agreement from the previous Fiscal Year. "District" means Community Facilities District No. 1 (Fire Facilities and Services) of the City of Santa &ua. '~stimatedServices" means the estimated cost of 'providing fire protection and suppression services for all Parcels for the applicable Fiscal Year, in excess of such cost for Fiscal Year 1990-1991, as determined by the Fire Chief of the City, including all costs related to the Services described in Exhibit A to the Resolution of Intention. '~iscal Agent" means Fiscal Agent under the Fiscal Agent Agreement. "Fiscal Agent Agreement" means the agreement by and between City and the Fiscal Agent approved pursuant to a Resolution of Issuance, together with any amendment or supplement thereto. "Fiscal Year" means the period starting on July i and ending the following June 30 in any year in which the Bonds are outstanding. '~ross Square Foot" or "Gross Square Footage" means the gross square footage of any Building determined by reference to the final, City-approved building permit or City- approved construction drawings for such Building, or otherwise in any manner determined reasonable by the City Executive Director of Finance and Management Services, or his designee, upon consultation with the City Executive Director of Planning and Building Safety, and is intended to include all floor area within the building, excluding parking structure square footage. '~Maximum Special Tax" means the maximum Special Tax that may be levied on any Parcel within the District in any Fiscal Year. The maximum Special Tax for any Parcel for any Fiscal Year shall be the product of the Tax Rate for such Fiscal Year times Taxable Square Footage of the Parcel for such Fiscal Year. '~Parcel" means any County of Orange Assessor's parcel or portion thereof that is within the boundaries of the District, based on the equalized tax rolls of the County of Orange as of March i in the prior Fiscal Year. "Reserve Fund" means the fund of that name created under the Fiscal Agent Agreement. '~Resolution of Intention" means the resolution adopted by the City Council on March 4, 1991, expressing the intention of the City Council to form the District. B-2 319 'rResolution of Issuance" means a resolution adopted by the City Council of the City, acting as the legislative body of the District, authorizing the issuance of the Bonds in accordance with the City of Santa Aha Special Tax Financing Improvement Code. "Special Tax" means any tax levied within the District under the City of Santa Ana Special Tax Financing Improvement Code pursuant to proceedings initiated by the Resolution of Intention. ~l?ax Rate" means, for Fiscal Year 1991-1992, $0.16 per Gross Square Foot. The Tax Rate shall be increased on a compound basis annually, in each Fiscal Year following Fiscal Year 1991-1992, by an amount equal to any increase in the Los Angeles-Long Beach Consumer Price Index for all urban consumers occurring in the calendar year which ends in the immediately preceding Fiscal Year; provided that no such annual increase shall be less than 2% nor greater than 7%. In the event that the Los Angeles-Long Beach Consumer Price Index ceases to be published, the Executive Director of Finance and Management Services shall select an index which, to the extent practicable, uses a similar basis of measurement in replacement thereof. 'Taxable Square Footage," for any Parcel, is the aggregate Gross Square Footage of all Buildings on that Parcel; provided that, with respect to any such Building, there shall be excluded: (i) 30% of the Gross Square Footage of such Building in the Fiscal Year which is one year aider the later of (x) Fiscal Year 1990-1991 or (y) the Fiscal Year preceding the first Fiscal Year in which any Special Tax is levied with respect to such Building; (ii) 20% of the Gross Square Footage of such Building in the Fiscal Year which is two years after the later of (x) Fiscal Year 1990-1991 or (y) the Fiscal Year preceding the Fiscal Year in which any Special Tax is first levied with respect to such Building; and (iii) 10% of the Gross Square Footage of such Building in the Fiscal Year which is three years after the later of (x) Fiscal Year 1990-1991 or (y) the Fiscal Year preceding the Fiscal Year in which any Special Tax is first levied with respect to such Building. 'Total Taxable Square Footage" means the aggregate Taxable Square Footage of all the Parcels in the District. APPEALS AND INTERPRETATION PROCEDURE Any owner of a Parcel who feels that the application of apportionment of the Special Tax to the property owned by such person is in error or presents undue hardship (such as in circumstances where a building is destroyed) may file a written notice of appeal with the City Executive Director of Finance and Management Services no later than May 1 of the Fiscal Year in which the levy occurred. The Executive Director of Finance and Management Services or his designee will promptly review the appeal, and, if necessary, meet with the applicant, and decide the merits of the appeal. If the findings of the Executive Director of Finance and Management Services or his designee verify that the Special Tax levied should be modified, the Special Tax levy for future Fiscal Years shall be corrected, and a credit against future Special Taxes shall be arranged, if applicable. Any overcharges shall be corrected solely by means of adjustments to future Special Tax levies; no cash refunds shall be made. The Executive Director of Finance and Management Services may promulgate regulations to clarify any vagueness or uncertainty as it relates to the Special Tax rate, the method of apportionment, the classification of properties, or any definition applicable to the Rate and Method of Apportionment of the Special Taxes. B-3 NOTICE OF PUBLIC '/4 ~P. ING Community Facilities District No. 1 (Fire Facilities and Services) of the City of Santa Aha Notice is hereby given that on March 4, 1991, the City Council of the City of Santa Aha adopted a Resolution entitled "A Resolution of Intention To Establish A Community Facilities District And To Authorize The Levy Of Special Taxes Pursuant To The City of Santa Ana Special Tax Financing Improvement Code". Pursuant to the City of Santa Aha Special Tax Financing Improvement Code (the "Act"), the City Council hereby gives notice as follows: The text of said Resolution of' Intention is as follows: WHEREAS, under the City of Santa Ana Special Tax Financing Improvement Code, enacted by Ordinance No. NS-2033 of the City adopted on November 20, 1989 (the "Act"), this City Council may act as the legislative body for proposed community facilities districts and is empowered with the authority to establish community facilities districts; and WHEREAS, this City Council desires to proceed with the establishment of a community facilities district under the Act to provide for the financing of certain fire protection and suppression facilities and services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. This City Council proposes to conduct proceedings to establish a community facilities district pursuant to the Act. 2. The nsme proposed for the District is Community Facilities District No. (Fire Facilities and Services) of the City of Santa Aha. 3. The proposed boundaries of the District are as shown on the map of the District on file with the City Clerk, which boundaries are hereby preliminarily approved and to which map reference is hereby made for further particulars. The City Clerk is hereby directed to record, or cause to be recorded, said map of the boundaries of the District in the office of the County Recorder as soon as practicable after the date of adoption of this Resolution. 4. The type of public facilities and services proposed to be financed by the District and pursuant to the Act shall consist of those items listed as facilities (the "Facilities") and as services (the "Services') on Exhibit A hereto, which exhibit is by this reference incorporated herein. C-1 5. Except to the extent that funds are otherwise available to the District to pay for the Facilities, the Services and/or the principal and interest as it becomes due on bonds of the District issued to finance the Facilities, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against ail non- exempt real property in the District, is intended to be levied annually within the District, and collected in the ssme manner as ordinary ad valorem property taxes. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within the proposed District to estimate the maximum amount such owner will have to pay, are described in Exhibit B attached hereto, which exhibit is by this reference incorporated herein. 6. It is the intention of this City Council acting as the legislative body for the District to cause bonds of the City to be issued for the District pursuant to the Act to finance in whole or in part the Facilities. Said bonds shall be .in the aggregate principal amount of not to exceed $50,000,000, shall bear interest payable semi- annually or in such other manner as this City Council shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and shall mature not to exceed 40 years from the date of the issuance thereof. 7. The levy of said proposed special tax shall be subject to the approval of the qualified electors of the District at a special election. The proposed voting procedure shall be by mailed ballot among the landowners in said proposed District, with each owner having one vote for each acre or portion of an acre such owner owns in the District. 8. Except as may otherwise be provided by law or by the rate and method of apportionment of the special taxes set forth in Exhibit B, ail lands owned by any public entity, including the United States, the State of California and/or the City, or any departments or political subdivisions thereof, shall be omitted from the levy of the special tax to be made to cover the costs and expenses of the Facilities. In the event that a portion of the property within the District shall become for any reason exempt, wholly or in part, from the levy of the special tax described in Exhibit B, this City Council will, on behalf of the District, increase the levy to the extent necessary upon the remaining property within the District which is not exempt in order to yield the required debt service payments and other annual expenses of the District, if any, subject to any maxim,,m special tax that may be levied. 9. The Fire Chief of the City is hereby directed to make, or cause to be made, and file with the City Clerk a report in writing, presenting the following: (a) A brief description of the Facilities and Services by type. (b)~ An estimate of the cost of providing the Facilities and the Services, including the costs of the proposed bond £mancing and ail other related administrative costs as provided in Section 20-22 of the Act. Said report shall be made a part of the record of the public hearing provided for below. 10. Monday, April 1, 1991, at7:30 p.m., in the regular meeting place of this City Council, in the City Council Chambers at 20 Civic Center Plaza, Santa Aha, California, be, and the same are hereby appointed and fixed as the time and place C-2 when and where this City Council, as legislative body for the District, will conduct a public hearing on the establishment of the District and consider and finally determine whether the public interest, convenience and necessity require the formation of the District and the levy of said special tax. 11. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form of Exhibit C hereto. B. The time and place established under said Resolution for the public hearing required under the Act are Monday, April 1, 1991, at the hour of 7:30p.m., in the regular meeting place of the City Council of the City of Santa Aha, in the City Council Chambers At 20 Civic Center Plaza Santa Aha, California. C. At said hearing, the testimony of ail interested persons or taxpayers for or against the establishment of the district, the extent of the district or the furnishing of the specified types of facilities will be heard. Any person .interested may file a protest in writing as provided in Section 20-25 of the Act. If the owners of one-half or more of the area of land in the territory proposed to be included in the district file written protests against the establishment of the district and the protests are not withdrawn to reduce the value of the protests to less than a m~jority, the City Council shall take no further action to establish the district for period of one year from the date of said hearing, and if the majority protests of the landowners are only against the furnishing of a type or types of facilities within the district, or against levying a specified special tax, those types of facilities or the specified special tax will be eliminated from the proceedings to form the district. D. The proposed voting procedure shall be by special mail or hand-delivered ballot to the property owners within the territory proposed to be included in the district. Dated: March _, 1991 City Clerk, City of Santa Ana C-3