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• " COMMUNITY FACILITIES DISTRICT NO. 1996-1 (VILLAGE ONE)' CITY OF MODESTO STANISLAUS COUNTY, CAL'lFoRNIA PUBLIC REPORT MELLO-RODS COMMUNITY FACILITIES ACT OF 1982 " AMENDED APRIL 1997 FOR ANNEXATION NO.1 Prepared by: VAIL ENGINEERING CORPORATION 2033 Howe Ave., Ste. 110 Sacramento, CA 95825 (916) 929·3323 (916) 919·1771 FAX ---PAGE BREAK--- COMMUNITY FACILITIES DISTRICT ND. 1996-' (VlLUGE ONE) PUBLIC REPORT - MELLO-RODS COMMUNrrr FACIUTIES ACT OF 1982 TABLE OF CONTENTS INTRODUCTION ; 1 I. DESCRIPTION OF FACILITIES FOR ANNEXATION NO.1 2 A. ARTERIAL ROADS " , I , 2 B. STORM DRAINAGE SYSTEM 3 1. West Basin (9.56 acres): ; 3 2. Central Basin (15.59): , 3 3. Industrial Basin (8 acres): , 3 C. UTILITY RELOCATION ~ 3 D. PARKS , , , , . , 3 E. PUBLIC FACILITIES ~ ~ ~ * ~ ~ - 4 OTHER 4 G. OPERAlIOt~S AND MAINTENANCE OF PARKS, TRAILS, AND STREET PARKYVAYS 4 II. BOUNDARIES OF COMMUNITY FACILITIES DISTRICT A.NNEXATION NO.1 5 Ill. COST ESTIMATES 6 A. CAPITAL COSTS FOR FACILITIES SPECIAL TAX 6 B. OPERATIONS AND MAINTENANCE COSTS FOR MAINTENANCE SPECIAL TAX 7 IV. RATE AND METHOD " B A. DEFINITIONS , 8 B. ASSIGNMENT TO LAND USE CLASS '11 C. lviAXIMUIV, SPECIAL TAX , 12 1. Facilities Special Tax " 12 2. Maintenance Special Tax , 14 ' D. METHOD OF LEVY AND COLLECTION OFTHE SPECIAL TAX ~ 16 1. Facilities Special Tax 2. Maintenance Special Tax 17 E. LIMITATIONS , 18 F. ENFORCElv1ENT ~ ~ . + i 8 V. GENERAL TERMS AND CONDITIONS 19 A. SUBSTITUTION FACILITIES , 19 B. APPEALS AND IIHERPRETATION PROCEDURE , 19 C. ADMINISTRATION OF FUNDS , 19 1. Facilities Fund 19 2. IViainlenancE Fund , , 20 CERTIFICATION 21 VAIL ENGINEERING CORPORATION Page i 213. ---PAGE BREAK--- ·COMMUN[TY FACILITIES DISTRICT NO. 1996·1 (VILLAGE ONE) CITY OF MOOEST01 STANISLAUS COUNTY1 CALIFORNIA PUBLIC REPORT MELLO-RODS FACILITIES ACT OF 1982 INTRODUCTION WHEREAS, City Council of the City of Modesto did, pursuant to the provisions of, the "Mello-RoDS Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Govemment Code ot'the State of California, and specifically Section 53321.5 thereof, expressly order the filing of a written "Report" with the City for a proposed Community Facilities District. This Community Facilities District shall hereinafter be referred to as: Community Facilities District No. 1996-1 (Village One). (hereinafter referred to as the "District") and WHEREAS" the Resolution ordering said "Report" did direct that said "Report" generally contain the following: (1 ) A description of the public capital facilities and services proposed for the District; A general description of the area to be served by said facilities; said areas being the boundaries of the District; A cost estimate, setting forth the costs and expenses for providing the public facilities and services to the properties within the boundaries of the District and the costs of any incidental expenses to be' paid by the District; The rate and method of apportionment of the special tax in suffIcient detail to allow each landowner or resident within the proposed District to estimate the annual amount of payment; General Terms and conditions relating to the proceedings, F or particulars, references is made to the Resolution of Intention ordering the report, as previously approved and adopted, NOW, THEREFORE, I, Jerry L. Slinkard, P,E., authorized representative for Vail Engineering Corporation, the appointed responsible officer or person directed to pre pare the Report. pursuant to the provisions of the "Iv'ie\b-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, do hereby submit the fDllowing data: VAIL ENGINEERING CORPORATION Page 1 28, ) ~97;....ordproci::.5i310:;/V)AMENDED-CFD.P.PT ---PAGE BREAK--- COMMUNfTY FACIUTIES DISTRICT NO. 1996-1 (VILLAGE ONE) CITY OF MODESTO, STANISLAUS COUNTY, Cf1;LlFORNIA PUBLIC REPORT MELLO-RODS COMMUNITY FACILITIES ACT OF 1982 I. DESCRIPTION OF FACILITIES All facilities described herein are as presented in the ViJJage One Facilities Master Pian adopted June 1996. Said master plan is incorporated herein by reference. The following descriptions summarize the facilities to be funded within the CFO 1996-1. A. ARTERIAL ROADS The circulation plan for Village One consists of six major streets (four arterials and wo expressways). For the purpose of this document, all six roadways are referred to as arterial roads. Urban interchanges are not included in the Village One Finance Plan. It is anticipated that subsequent updates to the Capital Facilities Fee Program will include urban interchanges. Refer to the Facilities Master Plan for right-of-way widths along arterial roads. The arterial mads are: • Claus Road (Exoresswav): Briggsmore to AT and SF railroad, widen to six lane expressway. • Brioosmore (Exoresswav): Oakdale Road to Claus Road, widen to six-lane expressway. • . Sylvan Avenue: Oakdale Road to Roselle Avenue, widen to six lanes; Roselle Avenue tD Clause Road, widen to four lanes plus bike lanes. • Flovd Avenue: Oakdale Read to Claus Road, widen to four lanes plus bike lanes and parking. • Oakdale Road: Briggsmore tD Sylvan, widen to six lanes. • Roselle Avenue: Briggsmore to'Sylvan, widen to four lanes plus bike lanes. VAil ENGINEERING CORPORATION Page 2 Mi1,v 28, . ---PAGE BREAK--- CFD NO. 1995-1 (VILLAGfONf) Public RepDrt- Mella Roos Community Facilities Act Df 1982 B. STORM DRAINAGE SYSTEM The storm drainage system for Village One consists of three basins for detention and retention: 1. West Basin (9.56 acres): Retention with pump out faCilities to Central Basin. 2. Central Basin (15.59): Percolation with pump out f~cilities to Claus Road Storm Drain with ultimate discharge to Dry Creek. 3. Industrial Basin (8 acres): Percolation with pump out facilities to Claus Road Storm Drain with ultimate discharge to Dry Creek. The facilities to be funded in CFD 1996-1 include: basins~ land for basins, trunk . gravity, drainage pipes in sizes ranging from 24 inches in diameter to 72 inches in diameter,· and force mains. A detailed description and location Df facilities is contained in 'Village One Facilities Master Plan'" adDpted June 1996 and incorporated herein by reference. C. UTILITY RELOCATION The cost of a PG&E high pressure gas main within Claus Road between Briggsmore Avenue and Sylvan Avenue is identified fDr relocation. D. PARKS Three neighborhood parks and one community park will be developed within CFD i 996-1. The development of the parks will include the acquisition of land, park improvements, and street frontage improvements for: Community Park 39 acres Roselle Neighborhood Park 7 acres Claus Neighborhood Park 7 acres Merle Neighborhood Park B acres In addition, 21.3 acres oi buffer land'for the community park is to be acquired, a bike trail is to be developed along M.I.D, Lateral No.3, and a trail is 10 be developed along Claus Road. VAll ENGINEERING CORPORATION PagE 3 AI.,Y 28, 1P97/wordprocJ2S;-:3;03fV 1AM£NDfD.CFD.F:Pi ---PAGE BREAK--- , CFD NO. 1996-1 (VILLAGE ONE) Public: Report- MeliD RODS Community Facilities Act DI1982 E. PUBLIC FACILITIES An area office for police is proposed within Village One. Funds are provided within CFD 1996-1 for tenant improvements necessary to set up an area office. F. OTHER Other costs associated with Village One include reimbw:sement to the City of Modesto for engineering of the Facilities Master Plan and planning related to the Village One Specific Plan, future annual administration for the CFD, and community signage for Village One. G. OPERATIONS AND MAINTENANCE OF PARKS, TRAILS, AND STREET PARKWAYS" The City will maintain the community park, Roselle Park, Claus Park, Merle Park, and arterial road parkways landscaping in a "good standard of maintenance" as defined by the Parks Department. M.I.D. Trail and Claus Trail will be maintained as , Class I trails. ·Street parkways includes median and roadside landscape and hardscape. VAIL ENGINEERING (ORPORA.TION ' Page 4 M.y 2B, 199i/wordploc/2573/OJ/,l/l AMENDfiJ-CFD.P.PT ---PAGE BREAK--- CFD NO. 1995-1 (VILLAGE ONE) Public Report - Mello Roos Community Facilities Act of 1982 " . ~ . . . II. BOUNDARIES OF COMMUNITY ~.Ar;IUTIES DISTRICT ANNEXATION NO.1 The maps located at the end of the report includes land within Village One that will be annexed to and contained within Community Facilities District 1996-1 (Village One) Annexation No.1. VAIL ENGINEERING CORPORATION Page 5 /112," 18. ---PAGE BREAK--- CPO NO. 1995-1 (VILLAGE ONEj Public Report- Mello RODS Community Facilities Act of 198Z III. COST 'ESTIMATES A. CAPITAL COSTS FOR FA[;ILlTIES SPE[;lAL TAX The capital costs for CFD 1996-1 (Village One) Annexation No.1 amended April, 1997, as estimated in the Vii/age One Facilities Master Plan adopted June 1996, and as shown on page 28 of the Village One Finance Plan, is $48,457,856. This fioure is based upon 1996 costs as setforth in the adopted Facilities Master Plan for Village One. These co~ts are subject to an annual inflation adjustment based upon the Engineering News Record Cost Index for the San Francisco region. A breakdown of these costs are as follows: Arterial Roads $20,509,278 Storm Drainage £13,240,479 Utility Relocation $1,120.458 Parks $10,863,967 Public Facilities $25,000 Other $2,698.683 Subtotal: ~8.457,856 Annual CFD Administration (1 $484,579 In addition to the capital costs, an annual cost to administer the CFD is estimated at 1% of the capitol costs, or S484,579 over the life of the district. Total district with administration is: VAIL ENGINEERING CORPORATION Page6 May 28, 1997/wordproc/2573103N1.':"M£NDfD-CFD.RPT ---PAGE BREAK--- CFD NO. 1996·1 (VILLAGE DNE) Public Report - Mello RODS Community Facilities Act of 1982 B. OPERATIONS AND MAINTENANCE COSTS FOR MAINTENANCE SPECIAL TAX , Estimated annual cost to the CFD at full buildout of Village One in 1996 dollars to provide operations and maintenance (O&M) of parks, street/parkway, and pathways (including landscaping) is SB50,DDD. A breakdown of these annual O&M costs are: • Annual maintenance cost a1 buildout in 1996 dollars: Cpmmunity Park and three neighborhood parks S149,073 Street/Parkways: 1,500,000 sq. fl.. £0.4171 sq. S625,500 ' Pathway Landscaping: Subtotal.Paths $44,965 Class I: 17,88915,280:t. £4,020= £73,560 Class II: 82,38815,280 £1,500 = £23,405 Class 84,48015,280:t. £5DO = £8.000 £44,965 Weed and Utter Abatement ~,25' Misc. Annual Admin/Cont. ~ . . . $26.21i Total Annual Cost: 5850,ODO • Total annuafc:osts al "good" standard for all neighbomood and community parks in 1996 dollars is S708,676. The amount attributed to the Village One CFD is 5149,073. VAIL ENGINEERING CORPORATION Page 7 Mer 26. i 997/W'oroproc/251310:;rv 1..L,MENDED.CFD.RPi ---PAGE BREAK--- IV . eFD NO. 1996-1 {VILLAGE ONE} Public Report - MellD RODs Communffy Facilities Act of 1982 RATE AND METHOD (ByDavid Taussig and Associates) A special tax applicable to each Assessor's Parcel in Community Facilities District No. 1996-1 (herein ·CFD No. 1996-1") shall be levied and collected according to the tax liabilitx determined by the City Council of the City of Modesto, through the application of the appropriate amount or rate for Taxable Property, as described below. All oT the property inCFD No. 1996-1, 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. 1996·1 unless a separate Rate and Method of Apportionment of Special Tax is adopted for the annexation area. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "AcreOT Acreage" means the land area of an ,o,ssessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Subdivision Map, parcel map, or other recorded County parcel map. "Annual Maintenance Special Tax" means a Special Tax levied in any Fiscal Year to pay for the operations and mainienance of perks, street landscaping pathways, weed and litter abatement and miscellaneous annual administrative and contractual costs. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's Parcel number. "Assessor's Parcel Map" means an official map of the County Assessor of the County of Stanislaus designating parcels by Assessor's Parcel Number. "City" means the City Modesto. "City Manager" means the City Manager of the City of Modesto, "Commercial Property" means all Parcels of Developed Property for which a building permit has been issued for a commercial establishment which sells general merchandise, hard goods, personal and professional services, and other items directly to consumers, inclt.:Jding but not limited tD travel agencies, hardware stores, food stores, autDmotive dealers, service stations, home furnishing stores, VAIL ENGINEERING CORPORATION Page B M.y 25. 199ilw orciprod25i3ID3/Vl . ..,MEI'JDfD.CFD.RPT ---PAGE BREAK--- CFD NO. 1996-1 (VILLAGE ONE) Puhlic Report - Mello Roes Community Facilities Act 011982 restaurants, banks, repair shops, movie theaters, day care centers, and art galleries. In addition, all professional office space, including c0l;Tlpany headquarters, medical office buildings, and other su'~h buildings, wii, be defined as Commercial Property. "Goum:il" means the City Council of the City of Modesto, acting as the legislative body of CFD No. 1996-1. "Developed Property" means, in any Fiscal Year, all Taxaole Property for which 2 building permit for new construction was issued prior to March 1 of the prece'ding Fiscal Year or for which a Final Subdivision Map was recorded prior to March 1 of the preceding Fiscal Year creating individual lots for which a building permit may be . issued without further subdivision. "Facilities Special Tax" means a Special Tax levied in any Fiscal Year to pay for public facilities authorized to be funded by CFD No. 1996-1, including appurtenant expenses such as planning, design, engineering, inspection and financing costs. "Final Subdivision Map" means a final subdivision map, Dr portion thereof, approved by the City pursuant to the Subdivision Map Act (Califomia Government Code Section 66410 et seq.) that creates individual lots for which building permits may be issued. The term "Final Subdivision Map" shall not include any Assessor's Parcel Map or subdivision map or portion thereof, that does not create individual lots for which a building permit may be issued, including Assessor's Parcels that are designated as a remainder parcel. "Fiscal Year" means the period s~arting July", and ending on the following June "Gmss Acre.age" means, for Developed Property, the total acreage within the Final Subdivision Map or Parcel map less arterial rDad right-of-ways (as defined and identified in the Village One Specific Plan the Village One Financing Plan and CFD Public Report) and property thai is identified in the Final Subdivision Map iDr use as a park site, school site, or storm drainage basin. For Undeveloped Property, Gross Acreage means the acreage identified on the Assessor's Map. "Industrial Property" means al/ Parcels of DevelDped Property for which a building ,permit has been issued ior a nDn-residential structure that is not Commercial Property. "Land Use Class" means any of the five classes listed in Table 1 and Table 2 belDw. VAIL ENGINEERING CORPORATION Page 9 May 25, 1r;97iw ---PAGE BREAK--- CFD NO. 1995-1 (VILLAGE ONE) Publit: Report· Mello RODS CDmmunity FaejJitie:s Act of 1982 "Mairrtenance Special Tax Requirement" means the amount necessary in any Fiscal Year to pay for authorized maintenance expel')ses, (ii) to pay administrative . , expenses of CFD No. i 995-'1. and (iii) to cure any delinquencies in the payment of Annual Maintenance Special Taxes levied in prior Fiscal Years Dr (based on delinquencies in the payment of Special Taxes which have already taken place) are expecled to occur in the Fiscal Year in which the tax will be collected. "Maximum Special Tax" means the maximum Special Tax. detennined in accordance with Section C below. that can be levied by the City in any 'Fiscal Year on Taxable Property. "Multi-Family Resirlerrtial" means any residential structure consisting of two or more residential units that share common walls including. but not limited to. townhomes, condominiums. duplexes. triplexes, fourplexes, apartment units, including senior housing that fits within the aforementioned description. "Other Property" means any Parcel of Developed Property for which a builciing penni! has been issued for a use other than Very Low Density Residential. Village Residential. Multi-Family Residential. Commercial or Industrial Property. , "Other Undeveloped Propertt' means all Taxable Property that is not classifieci as Developed Property. Undeveloped Commercial Property, Undeveloped Industrial Property or Undeveloped Residential Property. "Public Agency" means the federal government. State of California or other local governments or public agencies. "Subdivided Property" means all Parcels which. after recordation of a Final Subdivision Map, are in their final confIguration and for which building permits may be issued. Subdivided Property shall not include any Assessor's Parcels that Ere not individual lots for which a building permit may be issued, including P.ssessDr's Parcels thai are designated as a remainder parcel. "Undeveloped Commercial Property" means any Parcel that is not DevelOPed PrDperty thai is anticipated to be developed as Commercial Property, as determined first by reference 10 the Village One Specific Plan and, second, by reference 10 the Parcel's zoning designation. "Undeveloped Industrial Property" means any Parcel that is nDt Developed Property that is anticipated 10 be developed as Industrial Property, as determined firsl by VAil ENGINEERING CORPORATION Page 10 MdY 28, )9'iJ7/wordproc/2573/03/v MEND£D-CFD,RPT ---PAGE BREAK--- . eFD ND. 1996-1 (VILLAGE ONE) Public Report- Mello RoosCommunity Facilities Act 01 19BZ reference to the Village One Specific Plan and, second, by reference to the Parcel's zoning designation. "Undeveloped Residential Property" means any Parcel that is not Developed Property that is anticipated to be further subdivided and developed as Very Low Density Residential, Village Residential or Multi-Family Residential Property, as determined first by reference to the Vii/age One Specific Plan and, second, by reference to the Parcet's zoning designation. , "Very Low Density Residential" means a residential structure consisting of only one residential unit on a Parcel with a maximum density of two Dr less dwelling units per gross acre. "Village One Facilities Master Plan" means the facilities master plan for development Village One adopted in June 19%, and as may be amended in the future. "Village One Specific Plan" means the Specific Plan for development in Village One of the City of Modesto, as adopted by the City Council and as amended in future years. "Village Residential" means a residential structure consisting of Dnly one residential unit on a Parcel with a maximum density greater than two dwelling units per gross acre. B. ASSIGNMENT TO LAND USE CLASS After issu;:;nce of a building permit and prior to final building permit inspection or, . issuance Df a certificate of occupancy for a Parcel in CF D No. 1996-1, the Parcel shall be assigned to the appropriate Land Use Class based upDn the land use and density proposed for the Parcel. For Multi-Family Residential Property, the number of residential units shall be determined by referencing the condominium plan, apartment plan, site plan or other development plan. If the Parcel is designated as .other Property,. the City or its designee shall identify the appropriate land Use Class for purposes of calculating the Maximum Special Tax by determining the land use that was anticipated for the Parcel based on reference to the current Village One Specific Plan. De1ermination of the appropriate Land Use Class shall be at the sDle discretion of the City. VAil ENGINEERING CORPORATION Page 11 M;y 28, I 1AM£NDED·CFD.RPT ---PAGE BREAK--- CFD NO. 1995-1 (VILLAGE ONE) Public Report- Mello Roos CDmmunity Facilflies Ac! 011982 G. MAXIMUM SPECIAL TAX 1. Facilities Special Tax a) Very Low Density Residential Property and Villaoe Residential Property Prior to recordation of each Final Map for property in CFD No. 1996 1, the City Dr its designee shall determifi,e the' Gross Acreage included within the Final Map and, for Very Low Density Residential Prooerty and Villaoe Residential Property, shall apply the following steps to determine the actual Maximum Special Tax that will apply to each unit within the Final Map: Step 1: Determine if there is a portiDn of the Final Subdivision Map acreage that is not Subdivided Property, as defined in Section A above. Calculate the Gross Acreage associated with such unsubdivided Parcels by identifying the acreage of the Parcel and adding all ,or a portion of the acreage of any non-arterial right-of-way that fronts the Parcel determined by drawing lines at right angles to the right-of-way to either. 1) the centerline, ji acreage within the final map fronts on both sides of the non-arterial road or, 2) the opposite right-ot-way line if there is no fronting acreage within the final map Dr on the opposite side of the non-arterial road, and (ii) subtracting of the acreage of any arterial right-ol.' way included in the final map. Step 2: Identify the Land Use Class that applies to al! Parcels oi Subdivided Property within the Final SubdivisiDn Map. Step 3: Determine the Gross Acreage of all Subdivided Property included within the Final Subd'ivision IViap. If mDre than one Land Use Class is represented within the Final Subdivision Map, distribute the Gross Acreage of all Subdivided Property to each Land Use Class. VAll ENGINEERING CORPORATION Page12 M.r 28. 1 ?97/wordprocJ2Si3ID3/Vl AI'-1ENDED-CFD.RPT ---PAGE BREAK--- b) CFD NO. 1995-1 (VILLAGE ONE) Public Report- Mello RODS Community Facilities Act of 1982 Step 4: Multiply the Gross Acreage for each Land USE Class determined in Step 3 by the Facilities Special Tax identified for each La~d Use Class in Table 1 below. Step 5: Separately for each Land Use Class identified in the Final Subdivision Map, divide the product determined in Step 4 by the number of residential units within that Land Use Class as reflected in the Final Subdivision Map. Step 6: Multiply the quotient(s) determined in Step 5 by 1.01 to calculate the Facilities Special Tax per residential unit that shall be collected prior to final building permit inspection or issuance of a certificate of occupancy, whichever occurs first. Multi-Familv Residential Property. Commercial ProDeriy and Industrial ProDeriv The Maximum Facilities Special Tax for Multi-Family Residential, Commercial and Industrial Property shall be deiermined as follows: Step 1: Determine the Gross Acreage of the Multi-Family Residential, Commercial, or Industrial Property within the Final Subdivision Map. Such determination shall include netting out any property within the Final Subdivision Map that is not Subdivided Property, a~ set forth in Step 1 of Section C.1.a. above. Step 2: Multiply the Gross Acreage determined in Step 1 by' the Maximum Facilities Special Tax applicable to each Land Use Class as shown in Table 1 belOW. Step 3: Multiply the product determined in Step 2 above by 1.01 to calculate the to1al Facilities Special Tax that shall be collected from Multi-Family Residential, Commercial or Industrial Property priDr to final building-permit inspection or issuance of a ceriificale of occupancy, whichever occurs first. VAIL ENGINEERING CORPORATION Page 13 Mar 28. ---PAGE BREAK--- P.04 [PHONE REDACTED] ~ul-09-97 11:20A VAIL SINEERING 91E. ~9-1772 . CPJ HO~ .1996.1 (VILLAGE ONE) !ublic Report· Mello Roos Communtty militias Acl of 1982 Table 1 Per·Acre Special Tax to be Used in Calculation of Maximum Facilities Special Tax For Annexation An::a WD. 1 (Fiscal Ye.ar 1996-97) Land Use Class 1 Description Very Low Density Residential , Per,Acre Special Tax 519,715 per Gross Acre S29,479 per Acre S76,3!!4 per Gross Acre 2 3 Village Residential Multi-Family Residential 4 Commercial ' , SS6,S'le per Grass Acre 5 Industrial 540,564 per Gross Acre Beginning in January '997, the' Facilities Special Tax' shall be adjusted annually by applying the greater of the construction cost index for the San Fran)::isco region for the prior twelve (12) month period as published in the Engineering Ne.ws Record or other L."omparabie s.ource if the Enoineering News R-ecord is discontinued or otherwise not available, Dr Oi) four percent Each annual adjustmeilt of the Facilities Special Tax shall become effective on the subsequent July 1, and shall apply to all Parcels which have not paid the Faciiities Special Tax prior to July 1. The Facilities Special Tax represents a lien on each Parcel which is anticipated to be released upon payment of the Facilities Special Tax, which is expected to occur no later than final building permit inspection or issuance cf a certificate of Dccupancy, whichever Dccurs first. 2. Maintenance Special Tax All Taxable Property within this CFD Annex2~ion NO.1 shall be subject to a Maintenance Special Tax that shall be levied each Fiscal Year to meet the Maintenance Special Tax Requirement. The Anc-.ual MaintE:nance Special Tax shall be reftecle-d as an annu211ien on Parcel in CFD No. 1995·1 e:nd is anticipated to 5121' with the property and be paid each year by the current homeowner or property owner. _ VA!L ENGiN[fRit,:C CG~:"O?_,-HION Page14 1-'.4 r A.'-1£..">IOfO.CfO, R? r ---PAGE BREAK--- . CFD NO. 1996-1 (VILLAGE ONE) Public Report· Mello Roas Community n,r:i1tties Act of 1982 a) Developed Prooerty The following maximum rates apply to all Parcels of Developed Property within CFD No. 1996-1 for each Fiscal Year in which the . Maintenance Special Tax will be levied: Table 2 . Maximum Aonual Maintenance Special Tax (Fiscal Year 1996-97)', Land Use Class Description Maximum Annual Maintenance Special Tax' , Very Low Density Residential' S1 1V13 per lot 2 Village Residential $11243 per lot 3 Multi-Family Residential S 72.99 per unit 4 Commercial 5394.30 per Gross Acre 5 Industrial S394.30 per Gross Acre Beginning in January 1997, the maximum Annual Iv'Jaintenance Special Tax shall be adjusted annually by applying the greater of the construction cost index for the San Francisco region for the prior twelve (12) month period as published in the Enoineerino News Record Dr other comparable source if the Enoineerino News Record is discontinued Dr otherwise not available, Dr (ii) four percent Each annual adjustment of the maximum Annual Maintenance Special Tax shall become effective on the subsequent July 1. b) Undevelooed PrODerty UndeveloDed Residential Prooertv: The maximum Annual Maintenance Special Tax for each Parcel of Residential Undeveloped Property shall be determined as 1011DWS: Step 1: .Determine whether the Parcel will be developed as Very Low Density Residential, Village Residential or Multi-Family Residential Property determined by reference to the Vii/age One Specific Plan. VAIL ENGINEERINC CORPORATION Page 15 Mal' 28. 199i/wordproc/2S73103NJ/\MENDfD-crD.RPT ---PAGE BREAK--- . eFD NO. 1995-1 (VILLAGE ONE) Public Report- Mello RODS Community Facilities lict Df 1982 Step 2: Multiply the average density for the Parcel's Land Use Class as deten;nined in Step 1 by the Gross Acreage of the Parcel to determine the average number of units that could be built on the Parcel. The average density for each Land Use Class shall be determined based on reference to the Village One Specific Plan. Step 3: Multiply the average number of units for the Parcel as determined in Step 2 by the maximum Annual Maintenance Special Tax for the appropriate Land Use Class, as determined by reference to Table 2. Step 4: Multiply the figure calculated in Step 3 by 0,50 to determine the total Maintenance Special Tax to be levied on the Parcel. Undevelooed Commercial and Undeveloped Industria: Prooerty: The maximum annual Maintenance Special Tax that can be levied on Undeveloped Commercial and Undeveloped Industrial Property is the same as those rates identified in Table 2 above for Developed Commercial or Industrial Property. D. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX Facilities Special Tax The Facilities Special Tax shall be collected prior to a fmai building permit inspection being completed Dr a certificate of Dccupancy being issued for new for any residential or non-residential structure within CFD ND, ",996-1 and shall be immediately delinquentii not SD paid, VAIL ENGINEERING CORPORATION Page 16 M2)' 199ijwordprocJ2S73103IVl",/.1[I\'DED·CFD,RPT ---PAGE BREAK--- 2. eFD NO. 1995-1 (VILLAGfDNE) Public Report - MellD Roos CDmmunity Facilities Act of 198Z Maintenance Sper:ial Tax Commencing with Fiscal Year 1997-98 ano for each following Fiscal Year, the City or its designee shall determine the Maintenance Special Tax Requirement to be collected from Taxable Property in CFD No. 1996-1 in the Fiscal Year. The Maintenance Special Tax shall then be levied as follows: Step 1: Calculate the total Maintenance Special Tax revenues that could be collected from Developed and Undeveloped Property within the CFD based Dn application of the maximum Annual Maintenance Special Tax rates determined . pursuant tD Section C above. Step 2: Divide the Maintenance Special Tax Requirement by the maximum revenues that cDuld be collecied as determined in Step 1. Step 3: If the ratio determined in Step 2 is greater than Dr equal to i, levy the Maximum Maintenance Special Tax determined pursuant to Section C on all Developed and Undeveloped Property in the CFD. If the ratio determined in Step 2 is less than 1, continue to Step 4. Step 4: Levy the maximum Annual Maintenance Special Tax against all Parcels Df Developed Property. Subtract the amount Qenerated from DevelDped Property from the 1v'laintenance ~ . Special Tax Requirement, and levy a Maintenance Special Tax on all Parcels of Undeveloped Residential, Undeveloped CDmmercial and UndeveiDped Industrial Property in equal percentages up to 1DO% Df the maximum Annual Maintenance Special Tax fDr Undeveloped Properiy determined pursuant to Section C.2.b. above. The Annual Mainlenance Special Tax fDr CFD No. 1996-i shall be colleded in the same manner and at the same time as ordinary ad valorem property taxes, prDvided, however, that CFD ND. 1996-1 may (under the authori~' of Government Code Section 53340), in any par1icular case, bill the taxes directly to the property oymer, off the County tax roll, and the Special Taxes will be equally subject to foreclosure if delinquent as annual Special Taxes. VAil ENGINEERING CORPORATION Page 17 Mit 28. ---PAGE BREAK--- cm NO. 1995-1 (VILLAGE ONE) Public RepDrt- Mello RDos Communffy Facilities Act of 1982 E. LIMITATIONS Notwithstanding any other provision of this Rate an'(j Method of Apportionment of Spe~ial Tax, no Special Taxes shall be levied on structure:;; built on land that has been conveyed to a Public Agency, except as otherwise 'provided in Sections 53317.3 and 53317.5 of the Mello-RoDs Community Facilities Act of 1982. F. ENFORCEMENT All delinquent Facility Special Taxes, or delinquent Maintenance Special Taxes billed off the County tax roll, shall be subject to an immediate 10% penalty plus interest charges of 1 1/2% as of the first day of the month after the delinquency date and on the first day of each m'onth thereafter. Any such delinquel)t Special Taxes shall, at the City's discretion, be placed on the next secured property tax roll. The amount placed on the roll shall include the 10% penalty and the interest charges through the following December 1. This shall not prevent the City from simultaneously pursuing the delinquency by an action on a contract or guarantee against a third party who promised to pay the taxes, or from assigning such right of action to the property owner or other appropriate party. VAIL ENGINEERING CORPORATION Page18 Mar 2B. i P97/wordproc/2573/03/Vl rV-1£NOEO·CrO.F:FT ---PAGE BREAK--- em NO. 1996·1 (VILLAGE ONE) Public RepDrt- MEdio RODS Gommunffy Facilities Act 0/1982 V. GENERAL TERMS AND CONDITIONS A. SUBSTITUTION FACILITIES The description of the general capital facilities, as set forth he'rein and as shown in the Facilities Master Plan, are conceptual in their nature. The final nature and iocation of improvements and facilities will be determined upon the preparation Df final plans and specifications. The final plans may sho~ substitutes, in lieu or modifications to the proposed work in orderto accomplish the work of improvement, and any such substitution shall not be a change or modification in the proceedings as long as the facilities provide a service substantially similar to that as set forth in this report. B. APPEALS AND INTERPRETATION PROCEDURE Any landowner or resident who feels that the amount of formula of the special tax is in error may file a notice with the legislative body appealing the levy of the special tax. An appeals panel of three members, as appointed by the legislative body, will then meet and review the appeal, and if necessary, meet with the applicant. If the findings of the Appeals Board verify that the tax should be modified or changed, a recommendaflon at that time will be made to the legislative body, as appropriate, the special tax levy shall be corrected, and if applicable, in any ease, a refund shall be granted. Interpretations may be lI1ade by the legislative body by Resolution for purposes of clarifying any vagueness or ambiguity as it relates to any category, zone, rate or definition applicable to these proceedings. C. ADMINISTRATION OF FUNDS 1, Facilities Fund All funds received from the payment of the one-time facilities special tax shall be maintained in 2 single facilitIes fund account. This 2ccount shall apportion the funds into the facilities categorieS as shown on page ~ 3 of the "City of Modesto Village One Finance Plan" as adopted by the City Council· .in Resolution No. 95-Ll63 dated August 13, 1996, or as said ordinance m2y be amended. The City has full discretion in the use of the funds for all authorized facill!ies within this pooled account. AccDunting of the fund shall VAll ENGINEERING CORPORATION Page19 M~y 28. 1997;worOprocl2S;':>IC'JIV1AM£,',·D[[).CfD.RPT ---PAGE BREAK--- CFD NO. 1995-1 (VILLAGE ONE) Public Reporl- Mello RODS Community Facilities Act of 1SB2 track the use of funds to Insure the ultimate distribution of funds at buildout are as proportioned in said Ordinance 96-463 . 2. Maintenance Fund All annual maintenance special taxes shall be maintained in a single account. Funds shall be utilized at the discretion of the City to fund authorized maintenance and administration services. VAIL ENGINEERING CORPORATION Page 20 :2 B, 1997/worciprocl2573103/Vl ANI£ NDED·CF D. RPT ---PAGE BREAK--- cm NO, 1996·1 (VILLAGE ONE) Pub fie Report· MeJlo RODS Community FatUities Act of 1982 VI. CERTIFICATION It is my opinion that the special tax rate and method of as set forth, is fair and equitable, uniformly applied, and nDt discriminatory or arbitrary,' Jerry L. Slinkard Date Vail Engineering Corporation VAIL ENGiNEER INC CORPORATION Page 21 Mly 213.