Loading...
HomeMy WebLinkAboutResolution 1999-80 . . CITY OF GILROY COMMUNITY FACILITIES DISTRICT NO. I (Emergency Medical Services) RESOLUTION NO. 99-80 RESOLUTION OF FORMATION OF COMMUNITY FACILITIES DISTRICT AND LEVY OF A SPECIAL TAX The City Council of the City of Gilroy resolves: 1. Reference is made to Resolutions No. 99-75, Resolution of Intention to Form Community Facilities District and to Levy a Special Tax, adopted by this City Council on September 7,1999 for the preliminary scope of the services and special tax levy contemplated by these proceedings. 2. This City Council has conducted the public hearing set by Resolution 99- 75, 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 Gilroy (the "City") 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 map on file with the City Clerk and approved by this City Council on September 7, 1999 by Resolution No. 99-76. The map was recorded in the office of the County Recorder of Santa Clara County on September 29, 1999 in Book 34 of the Book of Maps of Assessment and Community Facilities Districts at Page 23 thereof. 4. The name of the community facilities district is "Community Facilities District No.1, (Emergency Medical Services), City of Gilroy, County of Santa Clara, State of California" ("CFD No.1"). CJ'DJiCIR::d.DOC -1- RESOLUTION NO. 99-80 . . S. The types of public services proposed to be financed by CFD NO.1 are set forth on Exhibit A attached to this Resolution 6. The types of incidental expenses proposed to be incurred are set forth on Exhibit B attached to this Resolution. 7. As a supplement to funds expected to be provided by the City's general fund, a special tax sufficient to pay for a prescribed portion of such services, will be annually levied within CFD NO.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 No.1, and this lien shall continue in force and effect until collection of the tax by the City ceases. The rate and method of apportionment of the special tax will be as set forth on Exhibit C attached to this Resolution. The authority to levy the special tax shall terminate following Fiscal Year 2007-2008. 8. Advances of funds or contributions of work in kind from any lawful source, specifically including but not limited to the City and owners of property within CFD No.1, may be reimbursed from special tax revenue to the extent of the lesser of the value or cost of the contribution, but any agreement to do so shall not constitute a debt or liability of the City. 9. The Administrative Services Director of the City (the "Administrative Services Director"), 7351 Rosanna Street, Gilroy, CA 95020, is designated as the person 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 intends to contract with private consultants to provide this service in lieu of actual preparation by the Administrative Services Director. 10. The special tax will be collected and enforced as a separate line item on the regular property tax bill C';;TjfCii,"M[KtC -2- RESOLUTION NO. 99-80 . . 11. This City Council hereby establishes the annual appropriations limit of CFD NO.1 at $2,200,000 for the 2000-2001 Fiscal Year. 12. In the election held in these proceedings, it is the intention of the City Council that the electors will be the registered voters of CFD No. 1. 13. 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 finding is final and conclusive in accordance with Government Code Section S332S.1(b). * * * PASSED AND ADOPTED this 18th day of October, 1999, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, ROWLISON, SPRINGER, GILROY NOES: COUNCILMEMBER: SUDOL ABSENT: COUNCILMEMBER: MORALES APPROVED: \<, K~ ~~:fk7 ATTEST: ~.~ Rhonda Pellin, City Clerk CFDr'::)lU,.tDOC -3- RESOLUTION NO. 99-80 . . EXHIBIT A LIST OF AUTHORIZED EMERGENCY MEDICAL SERVICES 1. Paramedic Services (Including Related Equipment) 2. Ambulance Services (Including Related Equipment) Ci'TiF\)RM. t)OC . . EXHIBIT B Incidental Expenses It is anticipated that the following incidental expenses may be incurred with respect to CFD No. 1 and may be included in each annual special tax levy: Boundary Map preparation and recording services Personnel and administrative costs of the City Special Tax Consultant services Special Legal Counsel services Publishing, mailing and posting of notices and ballots Governmental notification and filing costs Costs of posting and collecting the special taxes 2 . . EXHIBIT C OPTION "B" CITY OF GILROY COMMUNITY FACILITIES DISTRICT ~o. 1 (EMERGENCY MEDICAL SERVICES) RATE AND METHOD OF ApPORTIONMENT OF SPECIAL TAX A special ta.'( applicable to each Assessor's Parcel in Community Facilities District ~ o. 1 (herein ''CFD No. I") shall be leVIed and collected according to the ta.'( liability determined by the City COlmcil of the City of Gilroy, through the application of the appropriate rate for Taxable Property, as described below. All of the property in CFD No. I, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. I unless a separate Rate'alld Ylethod of Apportionment of Special Tax is adopted for the annexation area. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Administrator" shall mean the person or firm designated by the City to administer the Special Tax according to this Rate and Method of Apportionment of Special Tax. "Assessor's Parcel" or "Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's Parcel number. "Assessor's Parcel Map" means an official map of the COlmty Asses50r of the County of Santa Qara designating parcels by Assessor's Parcel :'-<umber. "City" means the City of Gilroy. "Council" means the City Council of the City of Gilroy, acting as the legislative body of CFD No.1. "Developed Fraternal Organization Property" means, in any Fiscal Year, all Assessor's Parcels for which a construction building permit was issued prior to July 1 of that Fiscal Year for a building used by a non-profit fraternal organization, including the Elks Club, Masons, Moose Qub, Oddfellows, or other such organizations as identified by the City. "Developed High-Density Residential Property" means, in any Fiscal Year, all Assessor's Parcels of residential property for which a construction building permit was issued prior to July 1 of that Fiscal Year for development of three or more Residential Units on a single Parcel. "Developed Industrial Property" means, in any Fiscal Year, all Assessor's Parcels for which a construction building permit was issued prior to July I of that Fiscal Year for a building designated by City industrial zoning codes that existed or were proposed at the time of ern formation, including . . M1 (Limited Industrial), M2 (General Industrial), Campus Industrial, or industrial zoning codes created as a result offuture Zoning Ordinance updates. "Developed Large Parcel Co=ercial Property" means, in any Fiscal Year, all Assessor's Parcels measuring more than one acre for which a construction building permit was issued prior to July 1 of that Fiscal Year for a building designated by City commercial zoning codes that existed or were proposed at the time of crn formation, including PO (Professional Office), C1 (Neighborhood Commercial), C2 (Central District Commercial), C3 (Shopping Center Commercial), HC (Highway Commercial), CM (Co=ercial Industrial), or commercial zoning codes created as a result of future Zoning Ordinance updates. "Developed Low-Density Residential Property" means, in any Fiscal Year, all Assessor's Parcels of residential property for which a construction building permit was issued prior to July 1 of that Fiscal Year for development of one or two Residential Units on a single Parcel. "Developed Religious Property" means, in any Fiscal Year, all Assessor's Parcels within crn No. 1 for IOhich a construction building permit was issued prior to July I of that Fiscal Year and that meet both of the following criteria: (1) a structure has been built that is used as a place of worship, rectory, convent or private school, and (2) the Parcel is exempt from ad valorem property taxes because it is owned by a religions organization. If a Parcel meets one, but not both, of the aforementioned critena, it shall be taxed as Developed Commercial Property. "Developed Small Parcel Co=ercial Property" means, in any Fiscal Year, all Assessor's Parcels measuring one acre or less than one acre for IOhich a construction building permit was issued prior to July 1 of that Fiscal Year for a building designated by City commercial zoning codes that existed or were proposed at the time of crn formation, Ulcluding PO (Professional Office), Cl (Neighborhood Commercial), C2 (Central District Commercial), C3 (Shopping Center Commercial), HC (Highway Commercial), CM (Commercial Industrial), or commercial zoning codes created as a result of future Zoning Ordinance updates. "Fiscal Year" means the period starting July I and ending on the following June 30. "Land Use Category" means any of the individual land use categories identified in Table 1 of Section C, below. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C, that can be levied in any Fiscal Year. "Proportionately" means, in any Fiscal Year, that the ratio of the actual Special Tax to the Maximum Special Tax is equal for all Assessor's Parcels in CFD NO.1. "Public Property" means any property within the boundaries ofCFD NO.1 that is owned by the federal government, State of California or other local governments or public agencies. "Residential Unit" means a residential dwelling unit and shall include single family homes, individual duplex, triplex, and fourplex units, condominiums, townhomes, and individual apartment units in a multi-unit building. . . "Special Tax" means any special tax to be levied each Fiscal Year on Assessor's Parcels of Taxable Property to fund the Special Tax Requirement as defined below. "Special Tax Requirement" means the amount necessary in any Fiscal Year to: (i) pay the costs of authorized services, (ii) pay administrative expenses ofCFD No.1, and (iii) cure any delinquencies in the payment of Special Taxes levied in prior Fiscal Years or (based on delinquencies in the payment of Special Taxes which have already taken place) are expected to occur in the Fiscal Year in which the tax will be collected. "Taxable Property" means all Assessor's Parcels of Developed Fraternal Organization Property, Developed High-Density Residential Property, Developed Industrial Property, Developed Large Parcel Commercial Property, Developed Low-Density Residential Property, Developed Religious Property, and Developed Small Parcel Commercial Property, within the boundaries of CFD NO.1. B. ASSIGNMENT TO LAND USE CLASS Each Fiscal Year, the Adminislnltor shall designate each Parcel of Taxable Property in CFD No.1 as Developed Fraternal Organization Property, Developed High-Density Residential Property, Developed Large Parcel Commercial Property, Developed Industrial Property, Developed Low-Density Residential Property, Developed Religious Property, or Developed Small Parcel Commercial Property. The City will refer to County land use codes and City wning designations and, when the two are in conflict, the City will make a determination as to which best reflects the current use on an individual Parcel. The allocation of Parcels to a Land Use Category shall be determined in the sole discretion of the City. C. MAXIMUM SPECIAL TAX The following ma.ximum rates shall apply to all Parcels of Ta.'l:able Property within CFD No. 1 for each Fiscal Year in which the Speaal Ta.'I: is collected: . . TABLE 1 MAxIMuM SPECIAL TAX (Fiscal Year 2000(01) . Land Use Category Maximum Special Tax (Fiscal Year 2000-01) . Developed High-Density Residential Property $ 373 per Parcel Developed Low-Density Residential Property $ 9 5 per Parcel Developed Large Parcel Commercial Property Developed Small Parcel Commercial Property $3,116 per Parcel $ 373 per Parcel Developed Industrial Property $ 176 per Parcel Develo ed Fraternal Orzation Pro e Developed Religious Property $95 per Parcel . On July 1, 2001 and on each July 1 thereafter, the l'daximum Special Taxes shown in Table 1 shall be increased by an amount equal to 2.096 of the amount in effect for the prior Fiscal Year. D. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TA..X Commencing with Fiscal Year 2000-01, the Special Tax shall be levied on all Parcels of Taxable Property as follows: Step 1: Determine the Special Tax Requirement (as defined in Section A above) for the Fiscal Year in which the Special Tax will be collected; Step 2: Calculate the total Special Tax revenues that could be collected from Taxable Property within the CFD based on applying the Maximum Special Tax rates determined pursuant to Section C to each Parcel of Taxable Property within the CFD; Step 3: If the amount determined in Step 1 is 2feater than or equal to the amoum calculated in Step 2, levy the Maximum Special Tax set forth in Table I above on all Parcels of Taxable Property in the CFD. If the amount determined in Step I is less than the amount calculated in Step 2, levy the Special Tax Proportionately against all Parcels of Taxable Property up to 100% of the Maximum Special Tax for each Parcel until the amount of the Special Tax levy equals the Special Tax Requirement for that Fiscal Year. . . The Special Tax for CFD NO.1 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 1 may (under the authority of Government Code Section 53340), in any particular case, bill the taxes directly to the property owner off the County tax roll, and the Special Taxes will be equally subject to penalties and foreclosure if delinquent. E. EXEMPTIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on Parcels of Public Property, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act. In addition, no Special Ta'l:es shall be levied on Parcels within CFD No.1 which are determined by the Administrator not to be Taxable Property. F. APPEALS AND INTERPRETATIONS In the event that a Parcel owner disagrees with the Land Use Category to which the Parcel has been assigned, the Parcel owner may submit a written appeal to the City Manager. If it is determined, in the City's sole discretion, that the Land Use Category should be changed, the Parcel will be assigned to a different Land Use Category in future Fiscal Years, but will not be subject to reimbursement of Special Taxes for any that have already been levied or collected in past Fiscal Years. The Council reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning the Maximum Special Tax. In addition, the interpretation and application of any section of this document shall be left to the Council's discretion. Co\FlLES\WPWIN\GILROY\R,,',\AB.899 . . I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 99-80 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 18th day of October, 1999, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 3th day of November, 1999. ~12u~~ City Clerk of the City of Gilroy (Seal)