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HomeMy WebLinkAboutRESOLUTIONS - 06052001 - 2001-244 13052-25 • JH:DJo:brf 05/30/2001 RESOLUTION No . 2001 /244 A RESOLUTION OF FORMATION OF COMMUNITY FACILITIES DISTRICT COUNTY OF CONTRA COSTA Community Facilities District No. 2001-1 (Norris Canyon) WHEREAS, On May 1, 2001, the Board of Supervisors (tile "Board") of the County of Contra Costa (the "County") adopted a Resolution entitled "A Resolution of Intention to Establish a Community Facilities District" (the "Resolution of Intention") with respect to Community Facilities District No. 2001-1 (Norris Canyon) (the "CFD"), of the County pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the "Act'); and WHEREAS, The Resolution of Intention incorporates a map of the proposed boundaries of the CFD, states the facilities to be provided, the cost of providing such facilities and the rate and method of apportionment of the special tax to be levied within the CFD to pay principal and interest on bonds proposed to be issued with respect to the CFD, and is on file with the Clerk of the Board and the provisions thereof are incorporated herein by this reference as if fully set forth herein; and WHEREAS, The facilities to be provided as stated in the Resolution of Intention are set forth in Exhibit A attached hereto and hereby made a part hereof; and WHEREAS, This Board. noticed a public hearing to be held oil June 5, 2001, all. pursuant to the Act and the Resolution of Intention relating to the proposed formation of the CFD; and WHEREAS, At the hearing all interested persons desiring to be heard on all matters pertaining to the formation of the CFD, the facilities to be provided therein and the levy of said special tax were heard and a full and fair hearing was held; and WHEREAS, At the hearing evidence was presented to this Board on said matters before it, ilicluding a report to be prepared by the Deputy Director-Redevelopment (the "Report") as to the facilities to be provided in the CFD and the costs thereof, a copy of which is on file with the Clerk of the Board, and this Board at the conclusion of said hearing is fully advised in the premises; and WHEREAS, Written protests with respect to the formation of the CFD, the furnishing of specified types of facilities and the rate and method of apportionment of the special taxes have not been filed with the Clerk of the Board by fifty percent (50%) or more of the registered voters residing within the territory of the CFD or property owners of one-half (1/2) or more of the area of land within the CFD and not exempt from the proposed special tax; and r • WHEREAS, The special tax proposed to be levied in the CFD to pay for the proposed facilities to be provided therein has not been eliminated by protest by fifty percent (50%) or more of the registered voters residing within the territory of the CFD or the owners of one-half (1/2) or more of the area of land within the CFD and not exempt from the special tax; NOW, THEREFORE, BE IT RESOLVED, As follows: 1. Recitals Correct. The foregoing recitals are.true and correct. 2. No Majority Protest. The proposed special tax to be levied within the CFD has not been precluded by majority protest pursuant to section 53324 of the Act. 3. Prior Proceedings Valid. All prior proceedings taken by this Board in connection with the establishment of the CFD and the levy of the special tax have been duly considered and are hereby found and determined to be valid and in conformity with the Act. 4. Name of CFD. The community facilities district designated "Community Facilities District No. 2001-1 (Norris Canyon)" of the County is hereby established pursuant to the Act. 5. Boundaries of CFD. The boundaries of the CFD are as set forth in the map of the CFD heretofore recorded in the Contra Costa County Recorder's Office on May 15, 2001 in Book 68 at Page 35 of Maps of Assessment and Community Facilities Districts. 6. Description of Facilities. The type of public facilities proposed to be financed by the CFD and pursuant to the Act shall consist of those items listed as facilities in Exhibit A hereto and by this reference incorporated herein (the "Facilities"). 7. Special Tax. a. Except to the extent that funds are otherwise available to the CFD to pay for the Facilities and/or the principal and interest as it becomes due on bonds of the CFD issued to finance the Facilities, a special tax (the "Special Tax") sufficient to pay the costs thereof, secured by the recordation of a continuing lien against all non-exempt real property in the CFD, is intended to be levied annually within the CFD, and collected in the same manner as ordinary ail valore111 property taxes or in such other manner as may be prescribed by this Board. b. The proposed rate and method of apportionment of the Special Tax among the parcels of real property within the CFD, in sufficient detail to allow each landowner within the proposed CFD to estimate the maximum amount such owner will have to pay, are shown in Exhibit B attached hereto and by this reference incorporated herein. C. In the case of any Special Tax to pay for the Facilities and to be levied against any parcel used for private residential purposes: (i) the maximum special tax shall be specified as a dollar amount which shall be calculated and thereby established 2 not later than the date on which the parcel is first subject to the tax because of its use for private residential purposes and which amount shall not be increased over time over two percent per year; (ii) the tax year after which no further Special Tax subject to this sentence shall be levied or collected shall be as set forth in Exhibit B hereto; and (iii) under no circumstances will the Special Tax levied against any parcel subject to this sentence be increased as a consequence of delinquency or default by the owner of any other parcel within the CFD by more than ten percent. For the purposes hereof, a parcel is used for "private residential purposes" not later than the date on which an occupancy permit for private residential use is issued. 8. Increased Demands. It is hereby found and determined that the Facilities are necessary to meet increased demands placed upon local agencies as the result of development occurring in the CFD. 9. Responsible Official. The Auditor-Controller of the County, telephone number (925) 646-2181 is the officer of the County who will be responsible for preparing annually a current roll of special tax levy obligations by assessor's parcel number and who will be responsible for estimating future special tax levies pursuant to the Act. 10. Tax Lien. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code of California, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the CFD and this lien shall continue in force and effect until the special tax obligation is prepaid. and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the County ceases. 11. Appropriations Limit. In accordance with the Act, the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the CFD is hereby preliminarily established at $7,220,000 and said appropriations limit shall be submitted to the voters of the CFD as hereafter provided. The proposition establishing said annual appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions of the Act. 12. Acquisition Agreement. The Deputy Director-Redevelopment, or his designee , is hereby authorized and directed to enter into an Acquisition Agreement providing for the County's acquisition of the Facilities, in the form of agreement on file with said Deputy Director-Redevelopment and hereby approved with such additions or changes as he shall approve upon consultation with the County Counsel and the County's financial advisors and bond counsel. 1.3. Election. Pursuant to the provisions of the Act, the proposition of the levy of the special tax and the proposition of the establishment of the appropriations limit specified above shall be submitted to the qualified electors of the CFD at an election the time, place and conditions of which election shall be as specified by a separate resolution of this Board. 3 14. Effective Date. This resolution shall take effect upon its adoption. PASSED AND ADOPTED at the regular meeting of the Board of Supervisors of the County of Contra Costa, State of California, on this 5th day of June, 2001, by the following vote to wit: AYES: SUPERVISORS GIOIA, GERBER, DeSAULNIER, GLOVER and UILKEMA NOES: N 0 N E ABSENT:NONE air ATTEST: June 5 , 2001 John Sweeten County Administrator and Clerk of the Board of Supervisors By: 11 A Depfyo lerk 4 EXHIBIT A COUNTY OF CONTRA COSTA Community Facilities District No. 2001-1 (Norris Canyon) DESCRIPTION OF FACILITIES TO BE FINANCED BY THE CFD DESCRIPTION OF FACILITIES The Facilities shown below are to be financed by the above-designated community facilities district (the "CFD") of the County of Contra Costa (the "County"). The Facilities shall include the attributable costs of engineering, design, planning and coordination, together with the expenses related. to the issuance and sale of any special tax bonds, including underwriters' discount, appraisals, reserve fund, capitalized interest, bond counsel, special tax consultant, bond and official statement printing and all other expenses incidental thereto. The Facilities shall be constructed.pursuant to plans and specifications approved by the County and by the respective officials of the other public entities that will own any of the Facilities. The widening of Norris Canyon Road, an existing County public road, to 34 feet. The sharper curves will be softened and new drainage facilities installed. The widening will start at the intersection of Bollinger Canyon Road and will continue a distance of over 7,700 feet. However, only that portion of Norris Canyon Road within Contra Costa County is included in the CFD. Such improvements will include: grading, pavement, curbs and gutters, rock shoulder, traffic signing and striping and street lights; construction of sanitary sewer mains, structures, fittings and appurtenances; construction of storm drainage pipes, catch basins, structures, fitting and appurtenances; construction of water distribution facilities and appurtenances; construction of joint utility distribution facilities for electrical, telephone, gas, cable, TV, including trenching, conduit and cable installation, pull and splice boxes, fittings and appurtenances, and relocation of overhead facilities; construction of landscaping and irrigation facilities, including soil preparation, landscape materials, irrigation pipes, fittings and appurtenances; required attendant public fees and design and construction engineering fees; and acquisition of al[necessary interests in real property. Exhibit A Page 1 EXHIBIT B COUNTY OF CONTRA COSTA Community Facilities District No. 2001-1 (Norris Canyon) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX Exhibit B Page 1