HomeMy WebLinkAbout6755RESOLUTION NO. 6755
RESOLU CION OF THE CITY COUNCIL OF' I HE CITY OF
RFDLANDS DECLARING IN TENT ION TO ANNEX
TERRITORY TO COMMUNITY FACILITIES DISTRICT
NO. 2004-1 OF THE CITY OF REDLANDS AND ADOPTING A
MAP OF THE AREA PROPOSED TO BE ANNEXED
I HERETO (ANNEXATION NO 5)
WHEREAS, the City Council (the "City Council") of the City ot Redlands (the
' City") has established Community Facilities District No 2004-1 of the City ot Redlands, County of
San Bernardino, State ot California (the "Community Facilities District") toi the purpose of levying
special taxes on parcels of taxable property therein for the purpose of providing certain services
which are necessary to meet increased demands placed upon the City as a result of the development
of said real property, and
WHEREAS, the City has received a signed petition from the ownei and developer of
a certain parcel of property requesting that said parcel be annexed to the Community Facilities
District, and agreeing to the annual levy of special taxes on said property sufficient to pay the costs
of such services and costs incidental thereto, and
WH EREAS, the City Council is authorized by Article 3 5 (commencing with Section
53339) ot Chapter 2 5 of Part 1 of Division 2 ot Title 5 of the Government Code, commonly known
as the "Mello -Roos Community Facilities Act of 1982," to annex territory to the Community
Fatalities Distract by complying with the procedures set forth in said Article 3 5.
NOW, THEREFORE, BE IT RESOLVED, DETERIIIINED AND ORDERED
BY THE Cli Y COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS.
Section 1 Intention The City Council declares its intention to conduct proceedings
pursuant to said Article 3 5 tot the annexation to the Community Facilities District ot the territory
described to Exhibit "A" attached hereto The City Council determines that the public convenience
and necessity require that such territory be annexed to the Community Facilities District
Section 2. Nance of District Che name of the existing Community Facilities District
is Community Facilities District No 2004-1 of the City of Redlands. County of San Bernardino,
State ot California
Section 3 Desci iption of len itory Proposed To Be Annexed, Annexation Map
The territory which is included in the Community Facilities District is described on the map of the
Community Facilities District recorded on May 1 8, 2004 in Book 76 of Maps of Assessment and
Community Facilities Distncts, page 94, and as instrument No 2004-0347327 in the official
recordsof the County of San Bernardino The territory proposed to be annexed to the Community
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Facilities District is described in Exhibit "A" attached hereto and by this reference made a part
hereof Such territory is also shown and described on the map thereof entitled "Annexation Map
No 5, Community Facilities District No 2004-1 of the City ot Redlands, County of San Bernardino,
State of California," which is on file with the City Clerk (the "Annexation Map")
Section 4. Types of Services; Incidental Expenses, Plan for Providing Services
The services to be provided and financed by the Community Facilities District are the maintenance
of parks paikways and open space including, but not limited to, the maintenance of street trees and
landscape, within the Community Facilities District and in the surrounding area Ile Community
Facilities District shall also finance costs associated with the determination of the amount ot and the
levy and collection of special taxes which are levied to provide such services and costs otherwise
incurred in ordei to carry out its authorized purposes The services described above shall be
provided, as needed, throughout the Community Facilities Distract and the tenTitory pioposed to be
annexed thereto for the benefit of all owners of property and residents of the Community Facilities
District and the territory proposed to be annexed thereto All owners of taxable parcels of property
within the Community Facilities District and the temtory proposed to be annexed thereto shall pay
special taxes at the Same rate to finance the annual cost ot providing such services
Section 5 Special Taxes Except where funds are otherwise available, special taxes
sufficient to pay the costs of the services described in Section 4 above and the annual administrative
expenses of the City and the Community Facilities District in determining, apportioning, levying and
collecting such special taxes, shall be annually levied within the territory proposed to be annexed to
the Community Facilities Distnct Pursuant to Section 53340 of the California Government Code,
the special taxes shall be collected in the same manner as ordinary ad valorem property taxes are
collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in
case of delinquency as is provided for acl valorem taxes Howevei, under no circumstances shall the
special tax levied against any parcel subject to the levy of the special tax be increased as a
consequence ot delinquency or default by the owner ot any othet parcel of parcels within the
Community Facilities Disti ict by more than ten (10) percent The rates and method of apportionment
of said special taxes shall be as set forth in Exhibit "B" attached hereto and by this reference made a
part hereof The rate ot special tax to be levied on property within the territory proposed to be
annexed to the Community Facilities District in any fiscal year to pay the cost of the services
described in Section 4 above shall be equal to the rate ot special tax which will be levied on all other
property within the Community Facilities District to pay the cost of such services in such fiscal year
Section 6 Adoption of Annexation Map Pursuant to Section 3110 5 of the Streets
and Highways Code, the City Council adopts the Annexation Map as the map of the areas proposed
to be annexed to the Community Facilities District Pursuant to Section 31 1 1 of said Code, the City
Clem. shall file the original of the Annexation Map in het office and shall file a copy ot the
Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days
prior to the date of the hearing specified in Section 7 hereof
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Section 7 Mai ing A public hearing on the proposed annexation of saki territory to
the Community Facilities District shall be held at 7 00 p m on October 7, 2008 in the Council
Chambers at the City ot Redlands Civic Center, 35 Cajon Street, Redlands, California
Section 8 Notice The City Clei k shall publish a notice ot the time and place ot said
hearing as required by Section 53322 of the California Government Code, and shall also give notice
of the heanng by first class mail to each iegistered voter and landowner within the territory proposed
to be annexed to the Community Facilities District as prescribed by Section 53339 4 of said Code
Said notice shall be published at least seven (7) days and mailed at least fifteen (15) days before the
date ot the hearing and shall contain the information required by said Section 53339 4
Section 9 Description of Voting Procedures The voting procedures to be
followed in conducting the election on the proposition with respect to the levy of special taxes within
the territory proposed to be annexed to the Community Facilities District to shall be as follows
(a) It at the time ot the close of the public or protest hearing (hereinafter referred
to as the "protest healing") at least 12 persons are registered to vote within the territory
proposed to be annexed to the Community Facilities District, the election shall be conducted
by the City Clerk and shall be held on a date selected by the City Council in contonnance
with the provisions ot Section 53326 ot the California Government Code ("Section 53326")
and pursuant to the applicable provisions of law regulating elections of the City, insotai as
they may be applicable, and pursuant to Section 53 326 the ballots for the election shall be
distributed to the qualified electors of the territory proposed to be annexed to the Community
Facilities District 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 protest hearing and tor at least the piecedrng
90 days, less than 12 persons have been registered to vote within the territory proposed to be
annexed to the Community Facilities District, and pursuant to Section 53326, the vote is
theietore to be by the landowners of that terntoiy, with each landowner of record at the close
of the protcst hearing having one vote for each acre 01 porrtion of an acre ot land that he or
she owns, the election shall be conducted by the City Clerk as follows
(1) The election shall be held on the ear best date following the conclusion
of the protest hearing upon which it can be held pursuant to Section 53326 which
may be selected by the City Council, 01 such earlier date as the owners of land within
the territory proposed to be annexed to the Community Facilities Distnct and the City
Clerk agree and concur is acceptable
(2) Pursuant to Section 53326, the election may be held earlier than
90 days following the close of the protest hearing it the qualified electors ot the
territory proposed to be annexed to the Community Facilities District waive the time
limits foi conducting the election set forth in Section 53326 by unanimous written
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consent and the City Clei k concurs in such eat lief election date as shall be consented
to by the qualified electors
(3) Pursuant to Section 53326, ballots for the election shall be distnbuted
to the qualified electors by the City Cleik by mail with return postage prepaid or by
personal service
(4) Pursuant to applicable provisions of law regulating elections ot the
City which govern the conduct ot mail ballot elections, and Division 4 (commencing
with Section 4000) ot the Elections Code with respect to electrons conducted by mail,
the City Clerk shall mail oi deliver to each qualified elector an official ballot in a
toren specified by the City Council in the resolution calling the election, and shall
also mail oi delivei to all such qualified electors a ballot pamphlet and instructions to
voter. including a sample ballot identical in form to the official ballot but identified
as a sample ballot, a statement pursuant to Section 9401 of the said Code an
impartial analysts by the City Attorney pursuant to Section 9280 ot the said Code
with respect to the ballot proposition contained in the official ballot, ballot arguments
and rebuttals, it any, pursuant to Sections 9281 to 9287, inclusive, of said Code, a
return identification envelope with prepaid postage thereon addressed to the City
Clerk toi the return ot voted official ballots, and a copy of this resolution provided,
however, that such statement, analysis and arguments may be waived with the
unanimous consent ot all the landowners ot the territory proposed to be annexed to
the Community Facilities District and shall be so stated in the resolution adopted by
the City Council calling the election
(5) The official ballot to be marled oi delivered by the City Clet k to each
landowner -voter shall have printed or typed thereon the name of the landownei -voter
and the number ot 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, and it the landowner -voter is other than a natural person, that he or she is an
officer ot or other person affiliated with the landowner -voter entitled to vote such
official ballot. that he en she has been authorized to vote such official ballot on behalf
of the landowner -voter, that in voting such official ballot it was his 01 her intent, as
well as the intent ot the landowner -voter. to vote all votes to which the landownet-
votet is entitled based on its land ownership on the proposition set forth in the official
ballot as marked thereon in the voting square opposite such proposition, and further
certifying as to the acreage of the landowner -voter's land ownership within the
territory proposed to be annexed to the Community Facilities District
(6) The return identification envelope delivered by the City Clerk to each
landowner -voter shall have printed 01 typed thereon the following (i) the name ot
the landowner, (ii) the address of the landownei, (in) a declaration under penalty of
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penury stating that the voter is the landowner of the authorized representative of the
landowner entitled to vote the enclosed ballot and is the person whose name 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 ot said
declaration, and (vii) a notice that the envelope contains an official ballot and is to be
opened only by the City Clerk
(7) The intormation-to-votes toren to be mailed 01 delivered by the City
Clerk to the landowner -voters shall inform them that the official ballots shall be
returned to the City Clerk properly voted as provided thereon and with the certifica-
tion appended thereto properly completed and signed in the sealed return
identification envelope with the certification thereon completed and signed and all
othei information to be inserted thereon properly inserted by 5 o'clock p m on the
date of the election
(8) Upon receipt of the return identification envelopes which are returned
prior to the voting deadline on the date ot the election, the City Clerk shall canvass
the votes cast in the election, and shall file a statement with the City Council at its
next regular meeting regarding the results of such canvass and the election
The piocedures set forth in this section toi conducting the election may be modified
as the City Council may determine to be necessary or desirable by a resolution subsequently adopted
by the City Council
ADOPTED this 3rd day of September, 2008
Al TEST.
City 6lerk of t uit of Redlands
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Mayof the City of Redlands
CERTIFICATE
I, Lonie Poyzer, City Clerk of the City of Redlands, do hereby certify that the foregoing
resolution was regularly adopted by the City Council of said City at an adjourned regular meeting of
said Council duly held on the 3rd day of September, 2008 by the following vote
AYES Councilmembers Gilbreath, Galla,ghei, Aguilar, Bean, Mayor Harrison
NOES None
ABSENT None
ABSTAINED None
IN WITNESS WHEREOF', I have hereunto set my hand and affixed the official seal ot the
City of Redlands this 3rd day of September, 2008
��
Cit Clerk ot hi ot Redlands
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EXHIBIT "A"
LEGAL DESCRIPTION
FOR
ANNEXATION NO. 5 TO
COMMUNITY FACILITIES DISTRICT NO. 2004-1
CITY OF REDLANDS, COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
That property located in the City of Redlands, County of San Bernardino, State of
California, identified as San Bernardino County Assessor's Parcel No. 0292-061 23-0000.
Al
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THIS MAP SHOWS TIE BOUNDARIES OF AREAS TO BE ANNEXED TO
COMMUNITY FACILITIES OISR1ICT NO 2004-I CF THE Cm P'
REDLANDS, COUNTY OF 541 BENNAR0INO. STATE IF CALIFORNIA
TFE BOUNDARIES OF 81104 COMMUNITY FACILITIES DISTRICT ARE
SHOWN AND 063 ON THE MPP TFEP2OF WHICH WAS PREVIOSLY
RECOROM ON NAY 18. 2004 BOOK 75 OP MAPS OF ASSESSMENT AND
COMMUNITY FACILITIES 015TR10T5 A PAGE 94 AND AS INSTRUMENT
NO. 2004-0347327 IN THE OFFICE OF THE COUNTY REWRQ31 OF
THE COUNTY OF SAN BERNA DTN0. TATE OF CALIFORNIA
I HERESY CERTIFY THAT THE 8/THIN MAP OF TFE AREAS TO BE ANNE%m TO
COMMUNITY FACILITIES DISTRICT N0 2004-1 OF THE Cm OF REDLANDS.
COUNTY OF SAN 9ERNAROD33. STATE OF CALIFORNIA. HAS APPROVED BY THE
Cm COUNCIL OF RE CITY OF REOAFDS AT AY,REGULAH MEE'TIID THEREOF
HELD ON TFE , OAT OF LRKar7 in9CR 2008. 39djorrr2d
SY R S 6E5[1UTION M. 4.73-AT
CITY RE Get 'AANDS Sc,rt.,.
1888
ALMOND AVE
ALBERT A
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ASSOCIATES
PROJECT LOCATION
THIS AM£XATIOV MAP CORRECTLY SHOWS CADY sEPARAL
LOT M PARCEL OF WO AOUDAD WITHIN THE BO405ARIE5
OF THE CMM4N27Y -ACUITIES DISTRICT. FOR DETAILS
CONCERNING THE LIAES AND °SNEES416 OF LOTS OR
&EVI.S REFER TO THE COWTY ASSESSOR S *445 FOR
FISCAL YEAR 20018-2009.
ANNEXATION MAP NO 5
COMMUNITY FACILITIES DISTRICT NO. 2004-1
OF THE
CRY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
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SHEET 1 OF 1 SHEET
FILED w TFE O''FILA OF THE Cm CLERK OF TFE CITY OF REDLANDS
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SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE
TH15 MAP HAS BEEN ILEO UNDER DOCUMENT NUMBER4MOS /W(/ qg
THIS Lord DAV OF 2008, AT /0:604.. IN
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LARRY 449U4ER
AUDITOR/CONTROLLER-RECORDER
COUNTY OF SAN BERNARDINO
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CALIFORNIA
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EXHIBIT "B"
RATES AND METHOD OF APPORTIONMENT OF SPECIAL TAX
FOR COMMUNITY FACILITIES DISTRICT NO. 2004-1
OF THE CITY OF REDLANDS
A Special Tax (the `Special Tax") shall be levied on and collected from each Parcel of Taxable
Property (defined below) in Community Facilities District No. 2004-1 (the `District"), in each Fiscal
Year, (defined below), commencing in the Fiscal Year beginning July 1 2004, in an amount
determined by the City Council of the City of Redlands, acting in its capacity as the legislative body
of the District (hereinafter as the `Council"), by applying the rate and method of apportionment set
forth below All of the real property in the District, unless exempted by law or by the provisions
herein, shall be taxed for the purposes, to the extent, and in the manner provided herein.
A. DEFINITIONS
"Additional Maintenance" means the maintenance of landscaping for Parcels assigned to a
Special Tax Rate Category in addition to the Basic Maintenance, including, but not limited
to, the maintenance of significant open space, citrus groves, and firebreaks and extensive
medians and parkways.
"Additional Maintenance Rate Per Benefit Unit" means the Special Tax Rate per Benefit
Unit that will be levied in any Fiscal Year on Parcels of Taxable Property assigned to a
Special Tax Rate Category to pay the cost of Additional Maintenance, if any for such
Parcels, including, but not limited to, the City's administrative costs in levying and collecting
the Special Tax and managing and administering the Additional Maintenance in such Fiscal
Year.
"Basic Maintenance" means the normal maintenance of basic landscaping within the
District, including, but not limited to, parkways, open space areas, medians and street trees
and the associated maintenance of bushes, shrubs and ground cover.
"Base Rate Per Benefit Unit" means the Special Tax Rate per Benefit Unit that will be
levied in any Fiscal Year on all Parcels of Taxable Property in the District to pay the
estimated cost of the Basic Maintenance, including, but not limited to, the City's
administrative costs in levying and collecting the Special Tax and managing and
administering the Basic Maintenance in such Fiscal Year.
"Benefit Unit" means a Single-family residential lot or dwelling unit or the equivalent.
Commercial property is assigned Benefit Units based on acreage with the basis being four (4)
Benefit Units per acre, consistent with the average residential density in the City Industrial
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Property is assigned Benefit Units based on acreage with the basis being two (2) Benefit
Units per acre. Multi -family property is assigned 60 percent of one Benefit Unit per dwelling
unit and Religious Property is assigned two (2) Benefit Units per acre.
"City" means the City of Redlands.
"Council" has the meaning set forth in the preamble.
"Commercial Property" means any Parcel that is used for the purpose of selling,
distributing or furnishing a product or service.
"Development" means any approved development and/or improvement of property resulting
in the recordation of a final map or the issuance of a building permit.
"District" has the meaning set forth in the preamble.
"Exempt Property" means property that is exempt from the levy of the Special Tax,
including all publicly owned or dedicated property, sliver parcels, common lots, open space
and any other property that cannot be developed.
"Fiscal Year" means the period from and including July 1st of any year to and including the
following June 30t1i
"Industrial Property" means any Parcel that is used for the purpose of manufacturing a
product.
"Land Use Category" means any of the categories contained in Table 1 to which Parcels of
Taxable Property are assigned consistent with the land use approvals that have been received
or proposed for the Parcel as of March 1 preceding the beginning of a Fiscal Year.
"Maximum Special Tax Rate(s)" means the Maximum Special Tax Rate(s) per Benefit
Unit for Parcels in all Special Tax Rate Categories that can be levied by the Council in any
Fiscal Year as determined pursuant to Section C. The Maximum Special Tax Rates per
Benefit Unit for Parcels in all Special Tax Rate Categories, including the Base Rate Per
Benefit Unit and the Additional Maintenance Rate Per Benefit Unit, as set forth in Table 2,
shall be increased by the percentage increase in the Consumer Price Index (All Items) for Los
Angeles — Riverside — Orange County (1982-84 = 100) since the beginning of the preceding
Fiscal Year, or by two percent (2%), whichever is greater, on July 1 2005 for Fiscal Year
2005-06 and on each subsequent July 1 for the Fiscal Year then commencing.
"Multi -family Residential Property" means any Parcel of residential property that consists
of a building or buildings comprised of attached residential units available for rental, but not
purchase, by the general public and under common ownership and/or management.
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"Parcel" means a lot or Parcel of land that is identified by an Assessor s Parcel Number in
the Tax Assessment Roll of the County Assessor of the County of San Bernardino.
"Religious Property" means any Parcel used as a place of worship or for other religious
activities.
"Single-family Residential Property" means any Parcel of residential property that is or
will be improved with a building comprised of attached or detached residential units
available for purchase or rent by the general public.
"Special Tax(es)" means the Special Tax to be levied in each Fiscal Year on each Parcel of
Taxable Property
"Special Tax Rate Category" means any of the categories identified in Table 2 to which
Parcels of Taxable Property in a Development are assigned based on the cost of the Basic
Maintenance and the cost of the Additional Maintenance, if any which will be provided to
such Parcels.
"Taxable Property" means Parcels that are not Exempt Property
B. ASSIGNMENT TO LAND USE CATEGORY
Parcels of Taxable Property in a Development shall be assigned to the appropriate Land Use
Category contained in Table 1 Such Parcels shall also be assigned to the appropriate Special
Tax Rate Category contained in Table 2, based on the estimated cost for providing the
Additional Maintenance, if any to the Development. The Special Tax shall be levied upon
and collected from each such Parcel for each Fiscal Year based on the Benefit Units which
are assigned to the Parcel as a result of its assignment to the appropriate Land Use Category
and Special Tax Rate Category as provided in Sections C and D
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Land Use Category
1
2
3
4
5
TABLE 1
Land Use Category
Description Benefit Unit(s)
Single-family
Residential
One (1) / Residence
Commercial Five (5) / Acre
Industrial Two (2) / Acre
Multi -family Six tenths (0.6) / Residential Unit
Residential
Religious Property Two (2) / Acre
C. MAXIMUM SPECIAL TAX RATES
The Maximum Special Tax Rate per Benefit Unit for each Parcel for each Fiscal Year shall
be the total of the Base Rate Per Benefit Unit plus the Additional Maintenance Rate Per
Benefit Unit for the Special Tax Rate Category to which the Parcel is assigned. For Fiscal
Year 2004-05 the Base Rate Per Benefit Unit and the Additional Maintenance Rate Per
Benefit Unit for each Special Tax Category shall be the amounts set forth in Table 2 for such
Special Tax Rate Category The Base Rates Per Benefit Unit and the Additional
Maintenance Rates Per Benefit Unit for all Parcels in all Special Tax Rate Categories shall be
increased by the percentage increase in the Consumer Price Index (All Items) for Los
Angeles — Riverside — Orange County (1982-84 = 100) since the beginning of the preceding
Fiscal Year, or by two percent (2%), whichever is greater, on July 1 2005 for Fiscal Year
2005-06 and on each subsequent July 1 for the Fiscal Year then commencing.
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TABLE 2
Maximum Special Tax Rates
Maximum Rates Per Benefit Unit
Special Tax Additional
Rate Category Base Rate Maintenance Rate
A $250 $0
B $250 $100
C $250 $200
D $250 $300
E $250 $400
F $250 $500
G $250 $600
H $250 $700
I $250 $800
J $250 $900
K $250 $1,000
L $250 $1,100
M $250 $1,200
N $250 $1,300
O $250 $1,400
P $250 $1,500
Q $250 $1,600
R $250 $1,700
S $250 $1,800
T $250 $1,900
U $250 $2,000
✓ $250 $2,100
W $250 $2,200
X $250 $2,300
Y $250 $2,400
Z $250 $2,500
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The Parcels which are to be included in the District at the time of its formation and which are
identified in Table 3 shall be assigned to the Land Use Category and the Special Tax Rate Category
specified in Table 3
Tract No.
16408
TABLE 3
Assignment to Land Use Category
and Special Tax Rate Category
Land Use Special Tax Rate
Category Category
One (1) K
D. METHOD OF APPORTIONMENT AND LEVY OF ANNUAL SPECIAL TAX
For each Fiscal Year, commencing with Fiscal Year 2004-05, the Council shall (a) determine
the cost of providing the Basic Maintenance in the District and the amount of the Base Rate
Per Benefit Unit to be levied on Parcels of Taxable Property in the District to pay the cost of
the Basic Maintenance; (b) determine the cost of providing the Additional Maintenance, if
any for each Special Tax Rate Category as then applicable, and the amount of the
Additional Maintenance Rate Per Benefit Unit, if any to be levied on Parcels of Taxable
Property in each Special Tax Rate Category to pay the cost the Additional Maintenance
therefor. and (c) levy the Special Tax on all Parcels of Taxable Property in each Special Tax
Rate Category as then applicable. The amount of the Special Tax to be levied on any Parcel
of Taxable Property in any Fiscal Year shall be determined by multiplying the Benefit Units
for the Parcel, depending on the Land Use Category to which it is assigned, by the Base Rate
Per Benefit Unit and the Additional Maintenance Rate Per Benefit Unit, if any determined
pursuant to clauses (a) and (b) above, for the Special Tax Rate Category to which the Parcel
is assigned.
No Special Tax shall be levied on property which, at the time of adoption of the Resolution
of Formation for the District, is Exempt Property
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to the District from time to time.
As each annexation is proposed, an analysis will be prepared to determine the types and area
of landscaping to be maintained, i.e. Basic Maintenance and/or Additional Maintenance, if
any and the estimated annual cost of providing the Additional Maintenance, if any to the
property Based on this analysis, the property to be annexed will be assigned to the
appropriate Special Tax Rate Category contained in Table 2.
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