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HomeMy WebLinkAbout98-07 WHFA ResolutionRESOLUTION NO. WHFA 98-07 A RESOLUTION OF THE BOARD OF DIRECTORS OF ~ WINCHESTER HILLS FINANCING AUTHORITY OF FORMATION OF WINCHESTER HILLS FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 98-1 (WINCHESTER HILLS), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT AND PRELIMINAI~H~Y ESTABLISmNG AN APPROPRIATIONS LIMIT FOR Tme~ DISTRICT AND SUBMITTING LEVY OF ~ SPECIAL TAX AND ~ ESTABLISttMENT OF ~ APPROPRIATIONS L~MIT TO THE QU~LWn~ E~ECTORS OF THE DISTRICT wm~RFAS, on February 24, 1998, this Board of Directors adopted a resolution entitled "A Resolution of the Board of Directors of the Winchester Hills Financing Authority of Intention to Eztablish a Community Facilities District and to Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982" (the "Resolution of Intention"), stating its intention to form the Winchester Hills Financing Authority Community Facilities District No. 98-1 (Winchester Hills) (the "District"), pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the "Act"); and Wl:!I~EAS, the Resolution of Intention, incorporating a map of the proposed boundaries of the District and stating the assessment liens to he retinaneed, the estimated maximum cost of the refinancing, and the rate and method of apportionment of the special tax to be levied within the District to pay the principal and interest on bonds proposed to be issued with respect to the District, is on file with the Secretary and the provisions thereof are incorporated herein by this reference as if fully set forth herein; and WI:Ik'2REAS, on this date, this Board of Directors held a public hearing as required by the Act and the Resolution of Intention relative to the proposed formation of the District; and WI:!F~REAS, at said heating all interested persons desiring to be heard on all matters pertaining to the formation of the District, the facilities to be provided therein and the levy of said special tax were heard and a full and fair hearing was held; and WI:rE~REAS, at said hearing evidence was presented to this Board of Directors on said matters before it, including a report by the Director of Public Works of the City of Temecula (the "Report") as to the liens to be refinanced through the District and the costs thereof, a copy of which is on file with the Secretary, and this Board of Directors at the conclusion of said hearing is fully advised in the premises; and Resos.whfa98-07 1 WltEREAS, written protests with respect to the formation of the District, the furnishing of specified types of facilities and the rate and method of apportionment of the special taxes have not been filed with the Secretary by fifty percent (50%) or more of the registered voters residing within the territory of the District or property owners of one-half (1/2) or more of the area of land within the District and not exempt from the special tax; and Wltk2REAS, the special tax proposed to be levied in the District to pay for the proposed facilities to be provided therein, as revised and set forth in Exhibit A hereto, has not been eliminated by protest by fifty percent (50%) or more of the registered voters residing within the territory of the District or the owners of one-half (%) or more of the area of land within the District and not exempt from the special tax; and WHEREAS, at the conclusion of the public hearing, it was determined that the Rate and Method of Apportionment be revised to be as reflected in Exhibit A hereto, copies of which revised Exhibit A have been provided to the sole landowner in the District. NOW, T~EREFORE, BE IT RESOLVED by the Board of Directors of the Winchester Hills Financing Authority as follows: Section 1. The foregoing recitals are true and correct. Section 2. The proposed special tax to be levied within the District has not been precluded by majority protest pursuant to Section 53324 of the Act. Section 3. All prior proceedings taken by this Board of Directors in connection with the establishment of the District 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 requirements of the Act. On April 14, 1998, this Board of Directors adopted Local Goals and Policies for Community Facilities Districts, and this Board of Directors hereby finds and determines that the District is in conformity with said goals and policies. Section 4. The community facilities district designated "Winchester Hills Financing Authority Community Facilities District No. 98-1 (Winchester Hills)" is hereby established pursuant to the Act. R~o~.whfa98-07 2 Section 5. The boundaries of the District, as set forth in the Map of the District heretofore recorded in the Riverside County Recorder' s Office in Book 42 at Page 90 of Maps of Assessment and Community Facilities Districts, are hereby approved, and said map is incorporated herein by this reference and said boundaries shall he the boundaries of the District. Section 6. The assessment liens proposed to be refmanced by the District and pursuant to the Act are described on Exhibit A to the Resolution of Intention and by this reference incorporated herein (the "Liens"). Section 7. Except to the extent that funds are otherwise available to the District to pay for the principal and interest as it becomes due on bonds of the District issued to refinance the Liens, a special tax sufficient to pay the costs thereof, secured by a continuing lien against all non-exempt real property in the District, will be levied annually within the District, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this Board of Directors or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within the proposed District to estimate the probable maximum amount such owner will have to pay, are described in Exhibit A attached hereto and by this reference incorporated herein. Section 8. The Finance Director of the City of Temecula, 43200 Business Park Drive, P.O. Box 9033, Temecula, California 92589-9033, telephone number (909) 694-6430 is the officer which will be responsible for preparing annually a current roll of special tax levy obligations by assessor's parcel number and which will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act. Section 9. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the District 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 Authority ceases. Section 10. In accordance with Section 53325.7 of the Act, the annual appropriations limit, as def'med by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the District is hereby preliminarily established at $16,000,000 and said appropriations limit shall be submitted to the voters of the District as hereafter provided. The proposition establishing said annual appropriations limit shall become effective if approved by the qualified electors voting thereon and shall he adjusted in accordance with the applicable provisions of Section 53325.7 of the Act. R*so~.wh~98~7 3 Section 11. 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 District at an election the time, place and conditions of which election shall be as specified by a separate resolution of this Board of Directors. Section 12. This Resolution shall take effect upon its adoption. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Winchester Hills Financing Authority at a regular meeting held on the 14th day of April, 1998. q~Eomerchero, Chairperson ATTEST: . Jones City Clerk~Au~rity Secretary R~o~.whfa98-07 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, Secretary of the Winchester Hills Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. WHFA 98-07 was duly adopted at a regular meeting of the Board of Directors of the Winchester Hills Financing Authority on the 14th day of April, 1998, by the following roll call vote: AYES: 5 BOARDMEMBERS: Ford, Lindemans, Roberts, Stone, Comerehero NOES: 0 ABSENT: 0 BOARDMEMBERS: None BOARDMEMBERS: None A'iZfing'Authority S~/City Clerk Resos.wh~98~7 5 EXHIBIT A WINCHESTER HILLS FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 98-1 CvVINCHESTER HILLS) RATE AND METHOD OF APPORTIONMENT A Special Tax shall be levied and collected in Winchester Hills Financing Authority Community Facilities District No. 98-1 (Winchester Hills) CCFD No. 98-1 ") each Fiscal Year, in an amount determined by the Finance Director of the City of Temecuia or her designee through the application of the procedures described below. All of the real property in CFD No. 98-1, unless exempted by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms used herein shall have the following meanings: "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 98-1: the costs of computing the Special Taxes and of preparing the annual Special Tax collection schedules (whether by the Finance Director or designee thereof or both); the costs of collecting the Special Taxes (whether by the Authorit3,,, City, or otherwise); the costs of remitting the Special Taxes to the Fiscal Agent for any Bonds: the costs of the Fiscal Agent (including its legal counsel) in the discharge of the duties required of it under any Fiscal Agent Agreement; the costs of the Authority, City or designee in complying with the disclosure requirements of applicable federal and state securities laws and of the Act, including public inquiries regarding the Special Taxes, the costs associated with the release of funds from any escrow account; the costs of the Authority, City or designee related to an appeal of the Special Tax and an allocable share of the salaries of the City staff directly relating to the foregoing. Administrative Expenses shall also include amounts advanced by the City for any administrative purposes of CFD No. 98-1 including the costs of prepayment of annual Special Taxes; recordings related to the prepayment, discharge or satisfaction of Special Taxes; and the costs of commencing and pursuing to completion any foreclosure action arising from delinquent Special Taxes. CFD No. 98-1 Page 1 April 1, 1998 "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 Assessor of the County designating parcels by Assessor's Parcel number. "Authority" means the Winchester Hills Financing Authority. "City" means the City of Temecula, California. "Board of Directors" means the Board of Directors of the Authority, acting as the legislative body of CFD No. 98-1. "Condominium" means a unit meeting the statutory definition of a condominium contained in California Civil Code, Section 1351. "County" means the County of Riverside, California. "Exempt Property" means all property located within the boundaries of CFD No. 98-1 which is exempt from the Special Tax pursuant Section F below. "Final Non-Residential Subdivision" means Non-Residential Property (i) for which a condominium plan has been approved by the City or a final map, parcel map or lot line adjustment has been recorded and (ii) for which building permits have or may be issued by the City for such Condominiums or lots located therein. "Final Residential Subdivision" means Residential Property (i) for which a condominium plan has been approved by the City or a final map, parcel map or lot line adjustment has been recorded and (ii) for which building permits have or may be issued by the City for such Condominiums or lots located therein. "Fiscal Year" means the period starting on each July 1 and ending on the following June 30. "Gross Acreage" means the acreage allocable to each Assessor's Parcel as set forth in Section D below. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Sections C and D, that can be levied by the Authority in any Fiscal Year on any Assessor's Parcel. CFD No. 98-1 Page 2 April 1, 1998 "Non-Residential Property" shall mean up to 120.60 Gross Acres of property designated as such on the applicable Specific Plan or if no Specific Plan is approved, the land use plan map of the City of Temecula's General Plan, all as of February 1 of the Fiscal Year preceding the Fiscal Year in which the Special Tax is being levied. Property designated for non-residential development in excess of 120.60 Gross Acres shall be classified as Residential Property. "Parcel Acreage" means that acreage shown on the Assessor's Parcel Map for each Assessor's Parcel. In the event that the Assessor's Parcel Map shows no acreage, the Parcel Acreage for any Assessor's Parcel shall be that shown on the applicable condominium plan, f'mal map or parcel map. For Condominiums located in a Final Non- Residemial Subdivision, Parcel Acreage shall be determined by allocating the acreage of the underlying lot on which the Condominiums are or are to be constructed in proportion to the building square footage for each such Condominium unit. For Condominiums located in a Final Residemial Subdivision, Parcel Acreage shall be determined by allocating the acreage of the underlying lot on which the Condominiums are or are to be constructed equally to each such Condominium unit. "Public Property" means property within the boundaries of CFD No. 98-1 owned by, irrevocably offered or dedicated to, or for which an easement for purposes of public right- of-way has been granted to the federal government, the State of California, the City of Temecula or any local government or other public agency. "Residential Property" shall mean all property designated as such on the applicable Specific Plan or if no Specific Plan has been approved, the land use plan map of the City of Temecula's General Plan, all as of February 1 of the Fiscal Year preceding the Fiscal Year in which the Special Tax is being levied. "Special Tax" means the Special Tax to be levied in each Fiscal Year on each Assessor's Parcel of Non-Residential, Residential and Public Property that is Taxable Property to fund the Special Tax Requirement. "Special Tax Requirement" means that amount determined by the Finance Director or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) debt service for the calendar year which commences in such Fiscal Year on any bonds or other indebtedness of CFD No. 98-1, (3) any amount required to replenish any reserve fund established in connection with bonds issued by or for CFD No. 98-1, and (4) the costs of remarketing, credit enhancement and liquidity facility fees (including such fees for instruments that serve as the basis of a reserve fund in lieu of cash related to any such indebtedness). CFD No. 98-1 Page 3 April 1, 1998 Be re De "Taxable Property" means all property located within the boundaries of CFD No. 98-1 which is not exempt from the Special Tax pursuant Section F below and to which Gross Acres have been allocated pursuant to Section D below. "Taxable Public Property" means all Public Property located within the boundaries of CFD No. 98-1 which is not exempt from the Special Tax pursuant Section F below. ASSIGNMENT TO LAND USE CATEGORIES For each Fiscal Year, all Taxable Property shall be classified as Non-Residential Property, Residential Property, or Taxable Public Property and shall be subject to the Special Tax in accordance with the Rate and Method of Apportionment described in Sections C and D below. MAXIMUM SPECIAL TAX RATES The Maximum Special Tax for any Fiscal Year for each Assessor's Parcel of Non- Residential and Residential Property shall be $1,960 and $3,212 per Gross Acre, respectively. ALLOCATION OF GROSS ACREAGE 1. Prior to Recordation of a Final Non-Residential or Residential Subdivision Gross Acreage for each Assessor's Parcel of Taxable Property for which neither a Final Non-Residential or Residential Subdivision has been recorded shall be all of the acreage within the boundaries of the Assessor's Parcel. 2. Final Non-Residential Subdivision Gross Acreage for a Final Non-Residential Subdivision shall be equal to the total acreage of the subdivision less the acreage for any backbone streets, parks, school sites, and open space exempted pursuant to Section F and located within such subdivision. Within a Final Non-Residential Subdivision, Gross Acreage shall be allocated to each Assessor's Parcel of Taxable Property for which a building permit(s) has or may be issued in proportion to the ratio of the Parcel Acreage of such Assessor's Parcel to the sum of the Parcel Acreage of all Assessor's Parcels of Taxable Property. 3. Final Residential Subdivision Gross Acreage for a Final Residential Subdivision shall be equal to the total acreage of the subdivision less the acreage for any backbone streets, parks, school CFD No. 98-1 Page 4 April 1, 1998 sites, and open space exempted pursuant to Section F and located within such subdivision. Within a Final Residential Subdivision, Gross Acreage shall be allocated equally to each Assessor's Parcel of Taxable Property for which a building permit(s) has or may be issued. In the event that a Final Residential Subdivision includes both single family detached units and Condominium units Gross Acreage shall first be allocated between the single family detached units and the Condominium units based on the percentage of total Parcel Acreage for such subdivision attributable to single family detached units and Condominium units. The resulting Gross Acreage in such subdivision for single family detached units shall then be allocated equally to each such unit. The resulting Gross Acreage for Condominium units shall also be allocated equally to each such unit. 4. Streets Not Located Within a Final Non-Residential or Residential Subdivision If any public (i.e., owned by, irrevocably offered or dedicated to, or for which an easement for purposes of public right-of-way has been granted to the federal government, the State of California, the City of Temecula or any local government or other public agency) or private street, other than the backbone streets exempted pursuant to Section F, is adjacent to but not located within a Final Non-Residential or Residential Subdivision, then such street acreage shall be included in the calculation of Gross Acreage. The amount of street acreage allocable to a Final Non-Residential or Residential Subdivision in such instance shall be determined by measuring from the exterior boundary of the subdivision to the center line of the street. If, however, Exempt Property is located on the opposite side of a street running adjacent to a Final Non-Residential or Residential Subdivision, then the street acreage allocable to such subdivision shall include the full right-of-way for the street. E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 1998-1999 and for each following Fiscal Year, the Finance Director or designee shall determine the amount of Special Taxes to be collected in CFD No. 98-1. The Finance Director shall levy the Special Tax as follows until the amount of the levy equals the Special Tax Requirement. First: The Special Tax shall be levied on each Assessor's Parcel of Taxable Property, exclusive of Taxable Public Property, located within a Final Non-Residential or Residential Subdivision which was recorded with the County of Riverside Recorder's Office as of the January 1 of the Fiscal Year preceding the Fiscal Year for which the Special Tax is being levied, up to 100% of the applicable Maximum Special Tax; CFD No. 98-1 Page 5 April 1, 1998 Fe Second: The Special Tax shall be levied on each Assessor's Parcel of Taxable Property which is not located within a Final Non-Residential or Residential Subdivision, exclusive of Taxable Public Property, up to 100% of the applicable Maximum Special Tax, and Third: If additional monies are needed after the preceding two steps have been completed, then the Special Tax on all Taxable Public Property shall be levied up to 100% of the Maximum Special Tax for Residential Property. Notwithstanding the steps above, under no circumstances will the Special Taxes levied against any Assessor's Parcel used as a private residence be increased as a consequence of delinquency or default by the owner of any other Assessor's Parcel or Parcels within CFD No. 98-1 by more than ten (10) percent, pursuant to California Government Code Section 53321(d), as in effect on the date of formation of CFD No. 98-1. EXEMPTIONS The following shall be exempt from the Special Tax: All public (i.e., owned by, irrevocably offered or dedicated to, or for which an easement for purposes of public right-of-way has been granted to the federal government, the State of California, the City of Temecula or any local government or other public agency) and private streets. For purposes of Section D, up to 50.30 acres of backbone streets shall be excluded from the calculation of Gross Acreage. 25.00 acres of land to be dedicated to or acquired by the City for purposes of parks 10.00 acres of land to be dedicated to or acquired by the Temecula Valley Unified School District for purposes of a school site ['1 47.90 acres of land to be dedicated to the City for open space If the total number of park, school site, and open space acres exceeds 82.90, then the acres exceeding such total shall be taxed as set forth in Section E. The above park, school site, and open space acres shall be exempted on a first in time basis. G. TERM The Maximum Special Tax will not be levied after fiscal year 2027-2028. CFD No. 98-1 Page 6 April 1, 1998 H. MANNER OF COLLECTION The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 98-1 may collect Special Taxes at a different time or in a different manner as determined by the Finance Director of the City, if necessary to meet its financial obligations. K:\CLIENTS2\LENNAR\WINCHSTR\RMA\WINHILL6.WPD CFD No. 98-1 Page 7 April 1, 1998 Attachment 1 Prepayment of the Maximum Special Tax The Maximum Special Tax may only be prepaid for an Assessor's Parcel which (i) is located in a Final Non-Residential or Residential Subdivision or (ii) is Taxable Public Property. The Maximum Special Tax applicable to such Assessor's Parcel may be prepaid and the obligation of the Assessor's Parcel to pay the Maximum Special Tax permanently satisfied as described herein, provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessors Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Maximum Special Tax shall provide the City Finance Director with written notice of intent to prepay. Within 30 days of receipt of such written notice, the City Finance Director or designee shall notify such owner of the prepayment amount of such Assessor's Parcel. Prepayment must be made not less than 60 days prior to any redemption date for bonds to be redeemed with the proceeds of such prepaid Maximum Special Tax. The Prepayment Amount shall be calculated as summarized below. Total: Redemption Amount plus plus plus less equals Redemption Premium Defeasance Administrative Fees and Expenses Reserve Fund Credit Prepayment Amount The Prepayment Amount shall be calculated as follows: Compute the Maximum Special Tax applicable to the Assessor's Parcel intending to prepay. Divide the Maximum Special Tax computed pursuant to paragraph 1 by the aggregate Maximum Special Taxes for CFD No. 98-1, exclusive of Maximum Special Taxes for Assessor's Parcels which have prepaid the Maximum Special Tax. If less than 50.30 acres of backbone streets, 25.00 acres of parks, 10.00 acres school site, and 47.90 acres of open space has been categorized as Exempt Property and excluded from the calculation of Gross Acreage, then the calculation of aggregate Maximum Special Taxes for CFD No. 98-1 shall be exclusive of the acreage equal to the difference of such amounts and the actual acres categorized as Exempt Property and excluded from the calculation of Gross Acreage; any such adjustment shall be made to the amount of Residential Property used in the calculation of the aggregate Maximum Special Taxes. Multiply the quotient computed pursuant to paragraph 2 by any outstanding bonds issued for CFD No. 98-1 (the "Redemption Amount"). Multiply the Redemption Amount by the applicable redemption premium, if any for any bonds to be redeemed with such prepayment (the "Redemption Premium"). If the reserve requirement will be reduced following the prepayment of the Maximum Special Tax and the redemption of bonds and the reserve funds required by the bond indenture are at or above 95% of the reserve requirement, a reserve fund credit shall be calculated as a reduction in the applicable reserve fund for the bonds to be redeemed pursuant to the prepayment. If reserve funds are between 95% and 100% of the reserve requirement, the reserve fund credit shall be reduced in proportion to the amount of the deficiency (the "Reserve Fund Credit"). No Reserve Fund Credit shall be granted if reserve funds are below 95% of the reserve requirement. Compute the amount needed to pay interest on the Redemption Amount to be redeemed until the earliest redemption date. Compute the Special Tax paid with respect to the Assessor's Parcel during the current Fiscal Year and confirm that no Special Tax delinquencies apply to such Assessor's Parcel. The Assessor's Parcel shall receive a credit for any Special Taxes paid which have not yet been utilized to pay the Special Tax Requirement, but no credit shall be given for Special Taxes paid that have already been used to pay the Special Tax Requirement. Compute the amount CFD No. 98-1 will actually receive from the reinvestment of the Redemption Amount plus the Redemption Premium less the Reserve Fund Credit until the redemption date for any bonds that CFD No. 98-1 expects to redeem with the prepayment. Take the amount computed pursuant to paragraph 6 and subtract the amounts computed pursuant to paragraphs 7 and 8 (the "Defeasance "). 10. The administrative fees and expenses of CFD No. 98-1 are as calculated by the City Finance Director and include, but are not limited to, the costs of computation of the prepayment, the costs of removing any Special Taxes from the roll, the costs of redeeming bonds, and the costs of recording any notices to evidence the prepayment and the redemption of bonds (the "Administrative Fees and Expenses "). I1. The Maximum Special Tax prepayment is equal to the sum of the amounts computed pursuant to paragraphs 3, 4, 9, and 10, less the amount computed pursuant to paragraph 5 (the "Prepayment Amount'9. The Prepayment Amount shall be applied pursuant to the Fiscal Agent Agreement. Notwithstanding the foregoing, no prepayment shall be allowed unless the amount of Maximum Special Taxes that may be levied in CFD No. 98-1 after the proposed prepayment is at least one hundred ten percent (110%) of the adjusted annual debt service of bonds issued for CFD No. 98-1, taking into account the amount of bonds to remain outstanding after such prepayment, as determined by the City Finance Director or designee. With respect to any Assessor's Parcel that is prepaid, the City shall cause a suitable notice to be recorded in compliance with the Act following receipt of such prepayment of Maximum Special Tax, to indicate the prepayment of the Maximum Special Tax and the release of the special tax lien (for the Maximum Special Tax) on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Maximum Special Tax shall cease. The Maximum Special Tax may also be prepaid in part. The amount of any partial prepayment shall be computed by multiplying the Prepayment Amount computed above by the percent of the Maximum Special Tax to be prepaid. K:\CLIENTS2~LENNAR\WINCHSTR~,MA~PREPAY3.WPD