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HomeMy WebLinkAboutOrd. No. 2004-1119 ORDINANCE NO. 1119 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AUTHORIZING THE LEVY OF A SPECIAL TAX WHEREAS, on March 23, 2004, the City Council (the "Council") of the City of Lake Elsinore (the "City") adopted Resolution No. 2004-18 stating its intention to form the City of Lake Elsinore Community Facilities District No. 2004-1 (City Center Townhomes) (the "CFD") pursuant to the Mello~Roos Community Facilities Act of 1982, as amended (the "Act"), to finance the purchase, construction, expansion or rehabilitation of certain real and other tangible property with an estimated useful life of five years or longer, including public infrastructure facilities and other governmental facilities, which the city is authorized by law to construct, own or operate (the "Facilities"); and WHEREAS, on March 23, 2004, the Council also adopted Resolution No. 2004-19 stating its intention and the necessity to incur bonded indebtedness in the amount not to exceed $5,000,000 to be issued for the purpose of financing the purchase, construction, expansion or rehabilitation of the Facilities; and WHEREAS, notice was published as required by law relative to the intention of the Council to form the CFD and to incur bonded indebtedness in the amount not to exceed $5,000,000 within the boundaries of the CFD; and WHEREAS, on April 27, 2004, this Council held a noticed public hearing as required by law relative to the determination to proceed with the formation of the CFD, the rate and method of apportionment and manner of collection of the special tax to be levied within the CFD to pay the principal and interest on the proposed bonded indebtedness of the CFD, and relative to the necessity for authorizing the bonds, the purpose for which the bonds are to be issued, the amount of the proposed debt, the maximum term of the bonds and the maximum annual rate of interest to be paid; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of the CFD and the incurring of bonded indebtedness by the CFD were heard and a full and fair hearing was held; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2004-11..\ determining the validity of prior proceedings and established the CFD; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2004-;)..S' which called an election within the CFD for April 27, 2004 on the proposition of incumng bonded indebtedness, levying a special tax and setting an appropriations limit; and WHEREAS, on April 27, 2004, an election was held within the CFD in which the eligible electors approved by more than two-thirds vote the proposition of incurring bonded indebtedness, levying a special tax, and setting an appropriations limit; 45440407.1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS FOLLOWS: Section 1. A special tax (the "Special Tax") is levied within the boundaries of the CFD pursuant to the formulas set forth in Exhibit "A" attached hereto and incorporated by reference in an amount necessary to pay all of the costs of providing the Facilities, periodic costs, and costs of the tax levy and collection, and all other costs including amounts payable with respect to the bonded indebtedness. Section 2. This legislative body is hereby further authorized each year, by resolution adopted as provided in section 53340 of the Act, to determine the specific special tax rate and amount to be levied for the then current or future tax years, except that the special tax rate to be levied shall not exceed the maximum rate set forth in Exhibit "A." Section 3. All of the collections of the Special Tax shall be used as provided for in the Act and Resolution No. 2004- ?-4 . pfthe CounciL Section 4. The above authorized Special Tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, the CFD may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations. Section 5. The Mayor shall sign this ordinance and the City Clerk shall attest to such signature. The City Clerk is directed to cause the title and summary or text of this ordinance, together with the vote thereon, to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated within the territorial jurisdiction of the City, and to post at the main office of the City a certified copy of the full text of the adopted ordinance along with the names of the Council Members voting for and against the ordinance. Section 6. This ordinance relating to the levy of the Special Tax takes effect and shall be in force from and after 30 days from the date of final passage. A copy of this ordinance shall be transmitted to the Clerk of the Board of Supervisors of Riverside County, the Assessor and the Treasurer~Tax Collector of Riverside County. 45440407.1 INTRODUCED AND PASSED UPON FIRST READING by title only this 27th day of April, 2004, upon the following roll call vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS; NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING by title only this 25th day of May, 2004, upon the following roll call vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE - ABSTAIN: COUNCILMEMBERS: NONE . j)~ y~ VICKI KASAD, CMC, CITY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE APPROVED AS TO FORM: - 45440407.1 EXHIBIT" A" RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX .; , ,"') , RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2004-1 OF THE CITY OF LAKE ELSINORE (CITY CENTER TOWNHOMES) The following sets forth the Rate and Method of Apportionment for the levy and collection of Special Taxes in the City of Lake Elsinore ("City") Community Facilities District No. 2004-1 (City Center Townhomes) (tlCFD No. 2004-1 tl). An Annual Special Tax shall be levied on and collected in CFD No. 2004-1 each Fiscal Year, in an amount determined through the application of the Rate and Method of Apportionment described below. All of the real property within CFD No. 2004-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided. SECTION A DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on the Assessor's Parcel Map, the land area as shown on the applicable Final Map, or if the land area is not shown on the applicable Final Map, the land area shall be calculated by the City Engineer. "Act" means the Mello-Roos Communities Facilities Act of 1982, as amended, being Chapter 2.5, Part 1 of Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means any ordinary and necessary expense incurred by the City on behalf of CFD No. 2004...1 related to the determination of the amount of the levy of Special Taxes, the collection of Special Taxes including the expenses of collecting delinquencies, the administration of Bonds, the payment of salaries and benefits of any City employee whose duties are directly related to the administration of CFD No. 2004-1 ,and costs otherwise incurred in order to carry out the authorized purposes ofCFD No. 2004-1 relating to CFD No. 2004-1. "Annual Special Tax" means the Special Tax actually levied in any Fiscal Year on any Assessor's Parcel. "Apartment Property" means all Assessor's Parcels of Residential Property on which one or more Apartment Units are constructed. "Apartment Unit" means a dwelling unit within a building comprised of attached residential units available for rental by the general public, not for sale to an end user, and under common management. City of Lake Elsinore Community Facilities District No. 2004-1 - - -;t~[\' I "Assessor's Parcel" means a lot or parcel ofland designated on an Assessor's Parcel Map with an assigned Assessor's Parcel Number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel Number. "Assessor's Parcel Number" means that number assigned to an Assessor's Parcel by the County for purposes of identification. "Assigned Annual Special Tax" means the Special Tax of that name described in Section D below. "Backup Annual Special Tax" means the Special Tax of that name described in Section E below. "Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, notes, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long-term contracts, or any refunding thereof, to which Special Taxes within CFD No. 2004-1 have been pledged. "Building Square Footage" or "BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the building permit application for such Assessor's Parcel. "Ca.lendar Year" means the period commencing January 1 of any year and ending the following December 31. "CFD No. 2004-1" means Community Facilities District No. 2004-_ established by the City under the Act. "City Council" means the City Council of the City of Lake Elsinore, acting as the Legislative Body ofCFD No. 2004-1, or its designee. "County" means the County of Riverside. "Developed Property" means all Assessor's Parcels of Taxable Property that: (i) are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) a building permit was issued on or before March 1st preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means all Assessor's Parcels designated as being exempt from Special Taxes as provided for in Section 1. "Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. "Fiscal Year" means the period commencing on July 1 of any year and ending the following June 30. City of Lake Elsinore Community Facilities District No. 2004-1 March 15, 2004 .;t,.~'" J-. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C, that can be levied by CFD No. 2004-1 in any Fiscal Year on any Assessor's Parcel. "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a building permit was issued for any type of non-residential use. "Partial Prepayment Amount" means the amount required to prepay a portion of the Annual Special Tax obligation for an Assessor's Parcel, as described in Section H. "Prepayment Amount" means the amount required to prepay the Annual Special Tax obligation in full for an Assessor's Parcel, as described in Section G. "Proportionately" means that the ratio of the Annual Special Tax levy to the applicable Assigned Annual Special Tax is equal for all applicable Assessor's Parcels. In case of Developed Property subject to the apportionment of the Annual Special Tax under step four of Section F, "Proportionately" in step four means that the quotient of (a) Annual Special Tax less the Assigned Annual Special Tax divided by (b) the Backup Annual Special Tax less the Assigned Annual Special Tax, is equal for all applicable Assessor's Parcels. "Provisional Undeveloped Property" means all Assessor's Parcels of Taxable Property that would otherwise be classified as Exempt Property pursuant to the provisions of Section J, but cannot be classified as ExemptProperty because to do so would reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Section J as applicable. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Single Family Property" means all Assessor's Parcels of Residential Property other than Apartment Property. "Single Family Unit" means a residential dwelling unit other than an Apartment Unit. "Special Tax" means any of the special taxes authorized to be levied by CFD No. 2004-1 pursuant to the Act. "Special Tax Requirement" means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to establish or replenish any reserve funds established in association with the Bonds, and (v) the collection or accumulation of funds for the acquisition Or construction of facilities authorized by CFD No. 2004-1 provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on Undeveloped Property as set forth in Step Three of Section F., less (vi) any amounts available to pay debt service or other periodic costs on the Bonds pursuant to any applicable bond indenture, fiscal agent agreement, or trust agreement. City of Lake Elsinore Community Facilities District No. 2004-1 ~~J~ .l\1; )rlA .,; > /i "Taxable Property" means all Assessor's Parcels within CFD No. 2004-1, which are not Exempt Property . "Undeveloped Property" means all Assessor's Parcels of Taxable Property which are not Developed Property, or Provisional Undeveloped Property. SECTION B CLASSIFICATION OF ASSESSOR'S PARCELS Each Fiscal Year, beginning with Fiscal Year 2004-05, each Assessor's Parcel within CFD No. 2004-1 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor's Parcel of Taxable Property shall be further classified as Developed Property, Undeveloped Property or Provisional Undeveloped Property. In addition, each Assessor's Parcel of Developed Property shall further be classified as Residential Property or Non-Residential Property. Lastly, each Assessor's Parcel of Residential Property shall further be classified as a Single Family Property or Apartment Property, and each Single Family Property shall be assigned to its appropriate Assigned Annual Special Tax rate based on its Building Square Footage. SECTION C MAXIMUM SPECIAL TAX 1. Developed Property The Maximum Special Tax for each Assessor's Parcel of Residential Property or Non- Residential Property that is classified as Developed Property in any Fiscal Year shall be the greater of (i) the Assigned Annual Special Tax or (ii) the Backup Annual Special Tax. 2. Undeveloped Property and Provisional Undeveloped Property The Maximum Special Tax for each Assessor's Parcel classified as Undeveloped Property, or Provisional Undeveloped Property in any Fiscal Year shall be the Assigned Annual Special Tax. SECTION D ASSIGNED ANNUAL SPECIAL TAX 1. Developed Property Each Fiscal Year, each Assessor's Parcel of Single Family Property, Apartment Property,or Non-Residential Property shall be subject to an Assigned Annual Special Tax. The Assigned Annual Special Tax applicable to an Assessor's Parcel of Developed Property for Fiscal Year 2004-05 shall be determined pursuant to Table 1 below. TABLE 1 City of Lake Elsinore Community Facilities District No. 2004-1 March 15,2004 ASSIGNED ANNUAL SPECIAL TAX RATES FOR DEVELOPED PROPERTY FOR FISCAL YEAR 2004-05 Land Use T e Residential Pro e Residential Pro e Residential Property Residential Pro e Residential Pro e A artment Unit Non-Residential Pro e Buildin S uare Foota e Less than 1 000 1,000 - 1,199 1,200 - 1,399 1,400 - 1,499 1,500 or greater N/A N/A Rate $1 182 er Unit $1 333 er Unit $1,661 per Unit $1,770 er Unit $1,839 er Unit $18,957 er Acre $18,957 er Acre 2. Undeveloped Property and Provisional Undeveloped Property Each Fiscal Year, each Assessor's Parcel of Undeveloped Property and Provisional Undeveloped Property shall be subject to an Assigned Annual Special Tax. The Assigned Annual Special Tax rate for an Assessor's Parcel classified as Undeveloped Property and Provisional Undeveloped Property for Fiscal Year 2004-05 shall be $18,957 per Acre. 3. Increase in the Assi2ned Annual Special Tax On each July 1, commencing July 1, 2005, the Assigned Special Tax rate for Developed Property, Undeveloped Property and Provisional Undeveloped Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. SECTION E BACKUP ANNUAL SPECIAL TAX At the time a Final Map is recorded, the Backup Annual Special Tax for all Assessor's Parcels of Developed Property classified or reasonably expected to be classified as a Single Family Property within such Final Map area shall be determined by (i) summing the product of (a) the Maximum Special Tax rate for Undeveloped Property by (b) the total Acreage of Taxable Property of each Assessor's Parcel in such Final Map area, excluding Acreage classified as Provisional Undeveloped Property and any Acreage reasonably expected to be classified as Exempt Property in such Final Map area, and (ii) dividing the results in (i) by the total number of Single Family Units reasonably expected to be constructed within such Final Map area. The resulting quotient shall be the Backup Annual Special Tax for each Assessor's Parcel of Developed Property within such Final Map area. The Backup Annual Special Tax for all Assessor's Parcels of Developed Property classified as Non- Residential Property or Apartment Property shall be the Maximum Special Tax rate for Undeveloped Property . - City of Lake Elsinore Community Facilities District No. 2004-1 l' 1 .', . ;," If a Final Map includes Assessor's Parcels of Developed Property which are classified or reasonably expected to be classified as Single Family Property and Non-Residential Property or Apartment Property, then the Backup Annual Special Tax for each Assessor's Parcel which is classified or reasonably expected to be classified as Single Family Property shall be computed exclusive of the allocable portion of total Acreage attributable to Assessor's Parcels classified or reasonably expected to be classified as Non-Residential Property or Apartment Property. Notwithstanding the foregoing, if Assessor's Parcels of Developed Property which are classified or to be classified as either Single Family Property, Apartment Property or Non-Residential Property are subsequently changed of modified by recordation of a lot line adjustment or similar instrument, then the Backup Annual Special Tax shall be recalculated to equal the amount of Backup Annual Special Tax that would have been generated if such change did not take place. On each July 1, commencing July 1,2005, the Backup Annual Special Tax rate shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. SECTION F METHOD OF APPORTIONMENT OF THE ANNUAL SPECIAL TAX Commencing Fiscal Year 2004-05 and for each subsequent Fiscal Year, the City Council shall levy Annual Special Taxes on all Taxable Property in accordance with the following steps: Step One: The Annual Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100% of the applicable Assigned Annual Special Tax rates in Table 1 to satisfy the Special Tax Requirement. Step Two: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Annual Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property up to 1000,10 of the Assigned Annual Special Tax applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement. Step Three: If additional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed, then the Annual Special Tax on each Assessor's Parcel of Developed Property whose Maximum Special Tax is the Backup Annual Special Tax shall be increased Proportionately from the Assigned Annual Special Tax up to 100% of the Backup Annual Special Tax as needed to satisfy the Special Tax Requirement. , Step Four: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, the Annual Special Tax shall be levied Proportionately on each Assessor's Parcel of Provisional Undeveloped Property up to 100% of the Assigned Annual Special Tax applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement. City of Lake Elsinore Community Facilities District No. 2004-1 March 15,2004 SECTION G PREPAYMENT OF ANNUAL SPECIAL TAX The following definitions apply to this Section G: "CFD Public Facilities" means $2,335,683 expressed in 2004 dollars, which shall increase by the Construction Inflation Index on July 1,2005, and on each July 1 thereafter, or such lower amount (i) determined by the City Council as sufficient to provide the public facilities under the authorized bonding program for CFD No. 2004-1 , or (ii) determined by the City Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Taxes levied under this Rate and Method of Apportionment. "Construction Fund" means an account specifically identified in the Indenture or functionally equivalent to hold funds, which are currently available for expenditure to acquire or construct public facilities eligible under CFD No. 2004-1. "Construction Inflation Index" means the annual percentage change in the Engineering News- Record Building Cost Index for the city of Los Angeles, measured as of the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the City that is reasonably comparable to the Engineering News-Record Building Cost Index for the city of Los Angeles. "Future Facilities Costs" means the CFD Public Facilities minus public facility costs available to be funded through existing construction or escrow accounts or funded by the Outstanding Bonds, and minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment. "Outstanding Bonds" means all previously issued Bonds issued and secured by the levy of Special Taxes which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Special Taxes. The Special Tax obligation of an Assessor's Parcel of Developed Property, or an Assessor's Parcel of Undeveloped Property for which a building permit has been issued or is expected to be issued, or an Assessor's Parcel of Provisional Undeveloped Property may be prepaid in full, provided that there are no delinquent Special Taxes, penalties, or interest charges outstanding with respect to such Assessor's Parcel at the time the Special Tax obligation would be prepaid. The Prepayment Amount for an Assessor's Parcel eligible for prepayment shall be determined as described below. An owner of an Assessor's Parcel intending to prepay the Annual Special Tax obligation shall provide the City with written notice of intent to prepay, and within 5 days of receipt of such notice, the City shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by CFD No. 2004-1 in calculating the proper amount of a prepayment. Within 15 days of receipt of such non-refundable deposit, the City shall notify C such owner of the Prepayment Amount of such Assessor's Parcel. City of Lake Elsinore Community Facilities District No. 2004-1 March 15, 2004 ,. '~ The Prepayment Amount for each applicable Assessor's Parcel shall be calculated according to the following formula (capitalized terms defined below): plus plus plus plus less equals Bond Redemption Amount Redemption Premium Future Facilities Amount Defeasance Cost Administrative Fee Reserve Fund Credit Prepayment Amount As of the date of prepayment, the Prepayment Amount shall be calculated as follows: 1. For an Assessor's Parcel of Developed Property, compute the Assigned Annual Special Tax applicable to the Assessor's Parcel. For an Assessor's Parcel of Undeveloped Property, compute the Assigned Annual Special Tax as though is was already designated as Developed Property based upon the building permit issued or expected to be issued for that Assessor's Parcel. For an Assessor's Parcel of Provisional Undeveloped Property compute the Assigned Annual Special Tax for that Assessor's Parcel. 2. F or each Assessor's Parcel of Developed Property, Undeveloped Property or Provisional Undeveloped Property to be prepaid, divide the Assigned Annual Special Tax computed pursuant to paragraph 1 for such Assessor's Parcel by the sum of the estimated Assigned Annual Special Tax applicable to all Assessor's Parcels of Taxable Property at buildout, as reasonably determined by the City. 3. Multiply the quotient computed pursuant to paragraph 2 by the Outstanding Bonds. The product shall be the "Bond Redemption Amount". 4. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed with the proceeds of the Bond Redemption Amount. This product is the "Redemption Premium. II 5. Compute the Future Facilities Cost. 6. Multiply the quotient computed pursuant to paragraph 2 by the amount determined pursuant to paragraph 5. to determine the Future Facilities Cost to be prepaid (the "Future Facilities Amount"). 7. Compute the amount needed to pay interest on the Bond Redemption Amount to be redeemed with the proceeds of the Prepayment Amount until the earliest call date for the Outstanding Bonds. City of Lake Elsinore Community Facilities District No. 2004-1 March 15,2004 8. Estimate the amount of interest earnings to be derived from the reinvestment of the Bond Redemption Amount plus the Redemption Premium until the earliest call date for the Outstanding Bonds. 9. Subtract the amount computed pursuant to paragraph 8 from the amount computed pursuant to paragraph 7. This difference is the "Defeasance Cost." 10. Estimate the administrative fees and expenses associated with the prepayment, including the costs of computation of the Prepayment Amount, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption. This amount is the "Administrative Fee." 11. Calculate the "Reserve Fund Credit" as the lesser of: (a) the expected reduction in the applicable reserve requirements, if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirements in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the applicabl~ reserve funds on the prepayment date. Notwithstanding the foregoing, if the reserve fund requirement is satisfied by a surety bond or other instrument at the time of the prepayment, then no Reserve Fund Credit shall be given. Notwithstanding the foregoing, the Reserve Fund Credit shall in no event be less than O. 12. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance, and the Administrative Fee, less the Reserve Fund Credit. 13. From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4, 9, and 11 shall be deposited into the appropriate fund as established under the bond indenture and used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to paragraph 6 shall be deposited into the Construction Fund. The amount computed pursuant to paragraph 10 shall be retained by CFD No. 2004-1. With reSpect to Special Tax obligation that is prepaid pursuant to this Section G, the City Council shall indicate in the records of CFD No. 2004-1 that there has been a prepayment of the Special Tax obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such prepayment to indicate the prepayment of the Special Tax obligation and the release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay such Special Taxes shall cease. Notwithstanding the foregoing, no prepayment will be allowed unless the amount of Special Tax that may be levied on Taxable Property, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year. City of Lake Elsinore Community Facilities District No. 2004-1 March 15, 2004 SECTION H PARTIAL PREPAYMENT OF ANNUAL SPECIAL TAX The Special Tax: obligation of an Assessor's Parcel of Developed Property, or an Assessor's Parcel of Undeveloped Property for which a building permit has been issued or is expected to be issued, or and Assessor's Parcel of Provisional Undeveloped Property, as calculated in this Section H. below, may be partially prepaid, provided that there are no delinquent Special Taxes, penalties, or interest charges outstanding with respect to such Assessor's Parcel at the time the Special Tax obligation would be prepaid. The Partial Prepayment Amount shall be calculated according to the following formula: PP = ((PG -A) x F) + A The terms above have the following meanings: PP = the Partial Prepayment Amount. PG = the Prepayment Amount calculated according to Section G. F = the percent by which the owner of the Assessor's Parcel is partially prepaying the Special Tax obligation. A= the Administrative Fees and Expenses calculated according to Section G. With respect to any Assessor's Parcel that is partially prepaid, the City Council shall indicate in the records ofCFD No. 2004-1 that there has been a partial prepayment of the Special Tax obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such partial prepayment of the Special Tax: obligation, to indicate the partial prepayment of the Special Tax obligation and the partial release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay such prepaid portion of the Special Tax shall cease. Notwithstanding the foregoing, no partial prepayment will be allowed unless the amount of Special Tax: that may be levied on Taxable Property after such partial prepayment, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year. SECTION I TERMINATION OF SPECIAL TAX For each Fiscal Year that any Bonds are outstanding the Annual Special Tax shall be levied on all Assessor's Parcels subject to the Annual Special Tax:. If any delinquent Annual Special Taxes remain uncollected prior to or after all Bonds are retired, the Annual Special Tax: may be levied to City of Lake Elsinore Community Facilities District No. 2004-1 March 15, 2004 ... ,"'", the extent necessary to reimburse CFD No. 2004-1 for uncollected Annual Special Taxes associated with the levy of such Annual Special Taxes, but not later than the 2042-43 Fiscal Year. SECTION J EXEMPTIONS The City shall classify as Exempt Property (i) Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of Cali fomi a, Federal or other local governments, including school districts, (ii) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (iii) other types of public uses determined by the City Council, (iv) Assessor's Parcels which are privately owned and are encumbered by or restricted solely for public uses, (v) Assessor's Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, or (vi) Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, provided that no such classification would reduce the sum of all Taxable Property to less than 13.43 Acres. Notwithstanding the above, the City Council shall not classify an Assessor's Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property to less than 13.43 Acres. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 13.43 Acres will be classified as Provisional Undeveloped Property, and will be subject to Special Taxes pursuant to Step Five in Section F. At such time an Assessor's Parcel must be classified as Provisional Developed Property, the following hierarchy shall be used to determine which Assessor's Parcel will be taxed to ensure that the Taxable Property is not less than 13.43 acres: First, an Assessor's Parcel as designated in (vi) above Second, an Assessor's Parcel as designated in (v) above Third, an Assessor's Parcel as designated in (iv) above Fourth, an Assessor's Parcel as designated in (iii) above Fifth, an Assessor's Parcel as designated in (ii) above Sixth, an Assessor's Parcel as designated in (i) above SECTION K APPEALS Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the City Council not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) ofCFD No. 2004-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative's decision requires that the Special Tax for an Assessor's Parcel be modified or changed in favor of the property owner, a cash refund shall not be made (except for the last year of City of Lake Elsinore Community Facilities District No. 2004-1 March 15,2004 - :,_.,. .~ JO levy), but an adjustment shall be made to the Annual Special Tax on that Assessor's Parcel in the subsequent Fiscal Year(s). SECTION L MANNER OF COLLECTION The Annual Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2004-1 may collect Annual Special Taxes at a different time or in a different manner if necessary to meet its financial obligations. City of Lake Elsinore Community Facilities District No. 2004-1 March 15,2004 ....~"'"..,~' -.~. . ~ _... ~'.4' STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was introduced and read by title only on the 27th day of April, 2004, and presented for second reading by title only for adoption on the 25th day of May, 2004, and approved, by the following roll call vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE SENT: COUNCILMEMBERS: NONE ~aCILMEMBERS: VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE NONE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 1119 of said Council, and that the same has not been amended or repealed. DA ED: June 2, 2004 , <L " - j VICKIKASAD,CI~CItRK CITY OF LAKE ELSINORE (SEAL)