HomeMy WebLinkAboutOrdinance 1683 (Loch Lomond #10 Tax FY1995-96)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio
Clerk of the Council of said City, do hereby certify that the foregoing
Charter Ordinance No. 1683 entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
LEVYING A SPECIAL TAX FOR THE PROPERTY TAX YEAR 1995/96 AND
FOLLOWING TAX YEARS ON ALL TAXABLE PROPERTY WITHIN COMMUNITY
FACILITIES DISTRICT NO. 1992-1 (LOCH LOMOND #10)"
is a true and correct copy of an ordinance of said City and was introduced at a
REGULAR meeting of the City Council of the City of San Rafael, held on the 19th day
of JUNE, 1995, published as required by City Charter in the MARIN INDEPENDENT JOURNAL.
a newspaper published in the City of San Rafael and passed and adopted as an ordinance
of said City at a REGULAR meeting of the City Council of said City held on the 17th
day of JULY, 1995, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini and Mayor Boro
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
WITNESS my hand and the official seal
of the City of San Rafael this
19th day of JULY, 1995.
JEAN R LEONCINI \Cit Clerk
Y
ORDINANCE NO. 1683
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SAN RAFAEL LEVYING A SPECIAL TAX
FOR THE PROPERTY TAX YEAR 1995/96 AND
FOLLOWING TAX YEARS ON ALL TAXABLE
PROPERTY WITHIN COMMUNITY FACILITIES
DISTRICT NO. 1992-1 (LOCH LOMOND #10).
WHEREAS, the City Council of the City of San Rafael by
Resolution No 8839, formed "Community Facilities District No.
1992-1 (Loch Lomond #10), City of San Rafael, County of Marin,
State of California"; and,
WHEREAS, the landowners of CFD 1992-1 voted in a mail -
ballot election called by the City Council by Resolution No.
8840, and unanimously approved the imposition of a special
district tax, as declared in Resolution 8841; and,
WHEREAS, on March 9, 1993, the City of San Rafael
prepared and filed a Notice of Special Tax Lien for all of the
parcels within the CFD 1992-1, which included the facilities
and services to be funded by the tax, and the method for
establishing a rate and calculating the apportionment of the
tax; and,
WHEREAS, the special tax was originally scheduled to be
imposed with the 1993-94 property tax year, but was delayed at
the request of the owner as no construction had commenced on
the project; and,
WHEREAS, construction has now commenced on the Loch
Lomond 10 subdivision, including the construction of
facilities listed in Exhibit "A" to the Notice of Tax Lien,
and the necessity for collecting the special tax has now
accrued;
ou R I G 10 A L
THEREFORE, the City Council of the City of San Rafael
does ordain as follows:
1. Pursuant to Government Code Sections 53328 and
53340, and the Resolution of Formation (No. 8839 dated March
1, 1993), a special tax is hereby levied on all taxable
property within Community Facilities District No. 1992-1 (Loch
Lomond #10), for the 1995/96 tax year and for each following
tax year in the maximum amount per parcel permitted for each
such year in accordance with the Rate and Method of
Apportionment of Special Tax as shown in Exhibit C of said
Resolution of Formation. These amounts may be adjusted
annually, subject to the maximum authorized special tax limit,
by resolution.
2. The Director of Public Works is directed, with the
aid of the appropriate officers and private consultants of the
City, to prepare each year, and without further action of this
Council, the special tax roll and to provide all necessary
information to the Marin County Auditor and Tax Collector in
order to effect the proper billing and collection of the
within special tax.
3. The appropriate officers and private consultants of the
City are authorized to make adjustments to the Special Tax
Roll prior to the final posting of the special taxes to the
County Tax Rolls each year, as may be necessary to achieve a
correct match of special tax levies with the assessor's parcel
numbers finally utilized by the County in sending out property
tax bills.
4. If for any cause any portion of this ordinance is
found to be invalid, or if the special tax is found
inapplicable to any particular parcel, by a court of competent
K
jurisdiction, the balance of this ordinance and the
application of the special tax to the remaining parcels, shall
not be affected.
5. This ordinance shall be published once in full
before its final passage in a newspaper of general
circulation, published and circulated in the City of San
Rafael, and shall be in full force and effect thirty (30) days
after its final passage.
�A1 e t VtorZ
Mayor
Attest:
Je"nn6 M. Leoncini, City Clerk
The foregoing Charter Ordinance No. 16.83 was
read and introduced at a Regular Meeting of the City Council
of the City of San Rafael on the 19th day of June 1995 and
ordered passed to print by the following vote to wit:
AYES: Councilmembers:Cohen, Heller, Phillips, Zappetini
& Mayor Boro
NOES: Councilmembers:None
ABSENT: Councilmembers:None
and will come up for adoption as an Ordinance of the City of
San Rafael at a Regular Meeting of the Council to be held
on the 17th_ day of ----,TULV , 1995.
JegKne'M. Leonci i,City Clerk
3
Daniel C. Bort
ORRICK, HERRINGTON & SUTCLIFFE
Old Federal Reserve Bank Building 93-020300
400 Sansome Street
San Francisco, CA 94111-3143
Telephone: (415) 773-5789 THIS ST�I,4° C0"�rI''I"S
REMMING DATA ONLY
NOTICE OF SPECIAL TAX LIEN
COMMUNITY FACILITIES DISTRICT NO. 1992-1
(LOCH LOMOND 110)
CITY OF SAN RAFAEL
MARIN COUNTY, CALIFORNIA
Pursuant to the requirements of Section 3114.5 of the
Streets and Highways Code and Section 53328.3 of the Government
Code, the undersigned City Clerk of the City of San Rafael, Marin
County, California, hereby gives notice that a lien to secure
payment of a special tax which the City Council of the City of
San Rafael, Marin County, California is authorized to levy is
hereby imposed. The special tax secured by this lien is
authorized to be levied for the purpose of: Paying for the
facilities and services described on "Exhibit All attached hereto.
The special tax is authorized to be levied within
Community Facilities District No. 1992-1 (Loch Lomond #10), City
of San Rafael, Marin County, California, which has now been
officially formed and the lien of the special tax is a continuing
lien which shall secure each annual levy of the special tax and
which shall continue in force forever, or until the special tax
ceases to be levied and a notice of cessation of special tax is
recorded in accordance with Section 53330.5 of the Government
Code.
The rate, method of apportionment, and manner of
collection of the authorized special tax is shown on Exhibit C
(there is no Exhibit B), attached hereto.
Notice is further given that upon the recording of this
notice in the office of the county recorder, the obligation to
pay the special tax levy shall become a lien upon all nonexempt
real property within Community Facilities District No. 1992-1
(Loch Lomond #10) in accordance with Section 3115.5 of the
Streets and Highways Code.
The name of the owner of the real property included
within this community facilities district as it appears on the
latest secured assessment roll as of the date of recording of
this notice is Robert B. Ham, Inc.
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1-,, L., 7
"' .
Reference is made to the Boundary Map of the community
facilities district recorded at Book 3 of Maps of Assessment and
Community Facilities Districts at Page 86 on November 6, 1992, in
the office of the County Recorder of the County of Marin, State
of California, which map is now the final boundary map of the
community facilities district.
The assessor's tax parcel numbers of the parcels or any
portion thereof which are included within this community
facilities district are:
186-031-02 (Portion)
186-031-06 (Portion)
186-520-17 (Portion)
For further information concerning the current and
estimated future tax liability of owners or purchasers of real
property subject to this special tax lien, interested persons
should contact the Director of Public Works of the City of San
Rafael, 1400 Fifth Avenue, San Rafael, CA 94901, (415) 485-3351.
DATED: 9 , 1993
J � LEONCINI, City Clerk,
City of San Rafael, Marin County,
California
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EXHIBIT A
Authorized Facilities and services
A. Maintenance of drainage/landslide hazard mitigation
facilities consisting of on-site drainage and
sediment/debris control devices as follows:
periodic clean out of debris/sediment from behind
debris embankments, catchment walls, deflection walls,
debris fences and from silting basins;
timely repair of damage such as to debris fences,
maintenance access roadways, V -ditches and standpipes;
periodic clean out of any debris from V -ditches, storm
drain pipes and other surface drainage facilities;
inspection and clean out of any obstructions in
subdrain pipes.
B. A sinking fund to be used to periodically make necessary
replacements or repairs of any elements of the on-site
drainage facilities, fire and access roads and
sediment/debris control facilities within the District.
C. The funding of a self-insurance reserve for the City in the
initial amount of $500,000.00 to pay for costs to the City
for damages due to sliding, erosion or drainage attributable
to property or improvements within the Loch Lomond #10
subdivision including open space areas. If advances toward
this reserve are made by private persons, these advances may
be repaid under this authority, without interest, subject to
maintaining the full self-insurance reserve.
Interest earned on the fund shall inure to the benefit of
the fund (subject to condition "vv" in Resolution No. 8243,
adopted September 17, 1990).
The "Fund Amount" shall be $500,000.00
actually earned and not credited under
above. If the fund is ever tapped by
the fund, it may be replenished up to
this authority.
plus interest
condition "vv,"
a valid claim against
the Fund Amount under
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EXHIBIT C
Rate and Method of Annortionment of Special Tax
I. MAXIMUM RATE OF SPECIAL TAX
Each residential parcel in the District shall be subject to an
annual special tax of not to exceed $1,560.00 for fiscal year
1993-1994. In subsequent years the maximum annual special tax
shall be the sum of:
(a) $225.00 inflated from 1993-1994 according to the cost of
living in the immediate San Francisco Bay Area, or personal
income growth in the State of California, whichever is
greater, as verified by official United States economic
reports to support maintenance activities;
(b) $100.00 inflated at the rate of 2% per year (compounded)
from 1993-1994 to support the sinking fund; and
(c) $1,852.00 to support the self-insurance fund.
Up to one parcel within the District, and only so long as it
remains in the status of a governmentally subsidized or
governmentally regulated, designated, certified, restricted or
sponsored below-market rate (or value) unit, shall be exempt from
the annual tax.
II. METHOD OF APPORTIONMENT OF SPECIAL TAX
The tax in any year shall be the same for all taxable parcels.
(a) Annually the City will prepare a budget for the next fiscal
year for the purposes set forth in paragraphs.A and B of
Exhibit A to this Resolution and for incidental and
administrative costs of the District. The City will credit
to that budget any sums remaining from previous years' tax
collections, but may permit a reasonable contingency to be
added to the budget. Within the limits of I(a) and I(b),
above, this element of -the special tax shall be calculated
by dividing the net budget amount by the number of taxable
parcels.
(b) Each taxable parcel within the District is subject to the
tax set forth in I(c), above, only to fund the self-
insurance fund, to repay advances by others used to fund the
self-insurance fund, or to restore the self-insurance fund
to the Fund Amount as that term is defined in Exhibit A.
Within the limits of I(c), above, this element of the
special tax shall be calculated by dividing the total need
by the number of taxable parcels.
The annual special tax for each taxable parcel shall be the sum
of the amounts calculated under (a) and (b) of this paragraph II.
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