RES-9207 Combining Areas Within Community Facilities District 91-2 Serrano HeightsRESOLUTION NO. 9207
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ORANGE COMBINING IMPROVEMENT AREAS WITHIN THE
CITY OF ORANGE COMMUNITY FACILITIES DISTRICT NO.
91-2 (SERRANO HEIGHTS PUBLIC IMPROVEMENTS),
AND CONSIDERING ALTERATION OF THE RATE AND
METHOD OF APPORTIONMENT OF SPECIAL TAXES AND
THE AUTHORIZED FACILITIES FOR THE PRIOR
IMPROVEMENT AREAS AND THE BONDED INDEBTEDNESS
AND APPROPRIATIONS LIMITS FOR THE PRIOR
IMPROVEMENT
AREAS WHEREAS, on November 12,1991, the City Council of the City of Orange adopted (
a)Resolution No. 7898 of the City of Orange (the "City") stating its intention to form the City
of Ora:llge Community Facilities District No. 91-2 (Serrano Heights Public
Improvements) (the District"), pursuant to the Mello-Roos Community Facilities Act of 1982,
as amended (the Act"), to finance certain facilities, and (b) Resolution No. 7899 of the City
stating its intention to issue bonds for the District to finance
such facilities; and WHEREAS, on December 17, 1991, the City Council adopted (a)
Resolution No. 7918 of the City establishing the District, authorizing the levy of a special tax within
the District and setting an appropriations limit for the District, and (b) Resolution No. 7919
of the City dete:rmining the necessity to incur bonded indebtedness within
the District; and WHEREAS, subsequent to the formation of the District, the then
sole landowner within the District requested that the rate and method of apportionment of the special
taxes for the District
be altered; and WHEREAS, on November 14, 1995, the City Council adopted Resolution
No. 8545 of the City. entitled "A Resolution of the City Council of the City of
Orange Determining That Alt(:ration of the Rate and Method of Apportionment of Special Taxes for
City of Orange Community Facilities District No. 91-2 (Serrano Heights
Public Improvements) is Lawfully Authorized and Directing Recording of Amendment to Notice of
Special Tax Lien," which resolution determined that the alteration of the rate and method of
apportionment of the special taxe:s for the District, as described therein,
was lawfully authorized; and WHEREAS, subsequent to November 14, 1995, the City Council
received a request of the then sole landowner within the District to designate improvement
areas within the District the "Improvement Areas") and to alter the rate and method of apportionment
of the special taxes and the facilities to be financed by
the Improvement Areas; and WHEREAS, on May 14, 1996, the City Council adopted
a resolution entitled "A Resolution of the City Council of the City of Orange Determining That the
Rate and Method of Apportionment of Special Taxes, the Facilities to be Financed by
and the Bonded Indebtedness Limit and the Annual Appropriations Limit for Improvement Area No.
1 and Improvement Area NO.2 of the City of Orange Community Facilities District No.
91-2 (Serrano Heights Public Improvements) are Lawfully Authorized and Directing
Recording of Second Amendment to Notice of Special Tax Lien," determining the rate and method
of apportionment of the special tax(:s for the District as it applies to the
improvements for the District as they apply to the Improvement Areas, and amending the bonded
ind,:btedness and appropriations limits for the District as they apply to the Improvement Areas;
and
WHEREAS, City staff has now received a request from an owner of property in the
District to eliminate the Improvement Areas, and to alter the rate and method of apportiomnent
of special taxes and the facilities to be financed by the Improvement Areas so that a single rate
and method of apportiomnent of special taxes and a single list of facilities to be financed will
applly to all of the property within the District and the City Council now desires to commence
proceedings to so eliminate the Improvement Areas, and to alter the rate and method of
apportiomnent of the special tax authorized to be levied within the District and to alter the
authorized improvements and the bonded indebtedness and appropriations limits for the District
as appropriate upon the elimination of the Improvement Areas.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. Receipt by the City of a request of the owner of property in the District to
eliminate the Improvement Areas, and to alter the rate and method of apportiomnent of the
special taxes, the authorized improvements and the bonded indebtedness and appropriations
limits for the District incident thereto, is hereby acknowledged.
Section 2. The City Council hereby determines to eliminate the designations of areas
within the District as "Improvement Area No. 1 of the City of Orange Community Facilities
District No. 91-2 (Serrano Heights Public Improvements)," and "Improvement Area No.2 of
the City of Orange Community Facilities District No. 91-2 (Serrano Heights
Public Improvements)."Said Improvement Areas shall now constitute undivided portions of the District,
without separate designation, for all purposes of the District. The City Clerk is hereby directed to record
or cause to be recorded in the office of the County Recorder a second amended boundary map
for the District eliminating any separate designation of the
Improvement Areas.Section 3. The City Council hereby finds and determines that public
convenience and necessity require that the rate and method of apportiomnent of the special tax authorized
to be levicld within the District be altered. The rate and method of apportiomnent of the
special tax among the parcels of real property within the District is proposed to be amended and
restated as set forth in Exhibit A attached hereto and by this reference incorporated herein.
The conditions undclr which the obligation to pay the specified special tax may be prepaid
and permanently satisfied are specified in said Exhibit A. Such amended and restated rate and
method of apportiomnent is in sufficient detail to allow each landowner within the District to
estimate the maximum amount such owner will have
to pay.Section 4. The facilities proposed to be financed by the District are proposed
to be charLged to those facilities set forth in Exhibit B attached hereto and by
this reference
incorporated herein.Section 5. The appropriations limit for the District and the bonded indebtedness
limit for the District are hereby amended, subject to the approval of at least two-thirds
of the qualified elecltors of the District, to be as follows: (a) the annual appropriations limit for
the District is 5,000,000 and (b) the bonded indebtedness limit for the District is $
37,000,000.Section 6. Tuesday, February 22,2000, at 7:00 p.m., in the regular meeting
place of the City Council, Council Chambers, City Hall, 300 East Chapman Avenue,
Orange, California, be,and the same are hereby appointed and fixed as the time and place when and
where
COImcil, as legislative body for the District, will conduct a public hearing on the proposedalterationsandamendmentsdescribedintheprecedingSections2,3,4 and 5.
Section 7. The City Clerk is hereby directed to cause notice of said public hearing to be
givl:n by publication one time in a newspaper published in the area of the District. The
publication of said notice shall be completed at least seven days before the date herein set for
said hearing. Said notice shall be in the form of Exhibit C hereto.
Section 8. The officers and employees of the City are hereby authorized and directed to
takt: all actions and do all things which they, or any of them, may deem necessary or desirable to
accomplish the purposes ofthis Resolution and not inconsistent with the provisions hereof.
Section 9. This Resolution shall take effect immediately upon its adoption.
ADOPTED this II th day of January, 2000.
ATTEST:
d
Cassandra J. Cath
I hereby certify that the foregoing Resolution was duly and regularly adopted by the City
Council of the City of Orange at a regular meeting thereof held on the 11th day of January, 2000,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: MURPHY, SLATER. COONTZ. SPURGEON. ALVAREZ
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
C4a'~-(~~ C~---'-4X assana
J. Cathc ,City Clerk City of Orange 15003.01 :
J4807 12/17/
99 3
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR
CITY OF ORANGE
COMMUNITY FACILITIES DISTRICT NO. 91-
2 SERRANO HEIGHTS PUBLIC
IMPROVEMENTS)
AMENDED AND RESTATED
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF ORANGE COMMUNITY FACILITIES DISTRICT NO. 91-
2 SERRANO HEIGHTS PUBLIC
IMPROVEMENTS)A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels in the City of
Orange Community Facilities District No. 91-2 (Serrano Heights Public Improvements) ("CFD
No. 91-2")and collected each Fiscal Year commencing in Fiscal Year 2000-0 I, in an
amount determined by the CFD Administrator (as defined below) through the application of
the procedures described below.All of the real property in CFD No. 91-2, unless exempted by law or
by the provisions hereof, shall be taxed for the purposes, to the extent and
in the
manner herein provided.A. DEFINITIONS The terms hereinafter set
forth have the following meanings:Acre or Acreage" means the number of acres of land area of
an Assessor'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 map,
parcel map, condominium plan, or other recorded County parcel map. The square footage of an Assessor's
Parcel is equal to the
Acreage multiplied by 43,560.Act" means the Mello-Roos Community Facilities Act
of 1982, as amended, being Chapter 2.5 of Part I of Division 2 of Title 5 of the Government
Code of the State of California.Administrative Expenses" means the
following actual or reasonably estimated costs related to the administration of CFD No. 91-2: the
costs of computing the Special Taxes and preparing the annual Special Tax collection
schedules (whether by the City or designee thereof or both); the costs of collecting the Special
Taxes (whether by the County, the City,through foreclosure proceedings, or otherwise); the
costs of remitting the Special Taxes to the Fiscal Agent; the costs of the Fiscal Agent (including
its legal counsel) in the discharge of the duties required of it under the Fiscal Agent Agreement;
the costs to the City, CFD No.91-2 or any designee thereof of complying
with arbitrage rebate requirements; the costs to the City, CFD No. 91-2 or any designee
thereof of complying with City, CFD No. 91-2 or
obligated persons disclosure requirements associated with applicable federal and state securities laws and of
the Act; the costs associated with preparing Special Tax disclosure statements and responding to
public inquiries regarding the Special Taxes; the costs of the City, CFD No. 91-2 or any designee
thereof related to an appeal of the Special Tax; the costs associated with the release
of funds from an escrow account; and the City's annual
administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced
by the City or CFD No. 91-2 for any other administrative purposes of CFD
No. 91-2, including attorney's fees and other costs
related to commencing
and pursuingtocornpletionany
foreclosure of delinquent Special Taxes.December 17,
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.
Assigned Special Tax" means the Special Tax for each Land Use Class of Developed
Property, as determined in accordance with Section C below.
Backup Special Tax" means the Special Tax applicable to each Assessor's Parcel of
Developed Property, as determined in accordance with Section C below.
Bonds" means any bonds or other debt (as defined in Section 53317(d) of the Act), whether
in one or more series, issued by CFD No. 91-2 under the
Act.CFD Administrator" means the Director of Finance of the City, or designee thereof,
who is responsible for determining the Special Tax Requirement and providing for the levy
and collection of the Special
Taxes.CFD No. 91-2" means the City of Orange Community Facilities District No.
91-2 (Serrano
Heights Public Improvements).City" means the
City of Orange.County" means the
County of Orange.Council" means the City Council of the City of Orange, acting as the
legislative body of
CFD No. 91-2.Developed Property" means, for each Fiscal Year, all
Taxable Property, exclusive of Taxable Property Owner Association Property or Taxable Public
Property, for which a building permit for new construction was issued after January 1, 1999 and
prior to March I of
the prior Fiscal Year.Fiscal Agent" means the fiscal agent under
the Fiscal Agent Agreement.Fiscal Agent Agreement" means the fiscal agent agreement
or other instrurnent pursuant to which Bonds are issued, as modified, amended and/or supplemented
from time to time,and any instrument replacing
or supplementing the same.Fiscal Year" means the period starting July I and ending on
the following June 30.Land Use Class" means any of the classes
listed in Table 1.Maximum Special Tax" means the maximum Special Tax,
determined in accordance with Section C below, that can be levied in any Fiscal Year on
any Assessor'sParcel.December 17.
Non-Residential Property" means all Assessor's Parcels of Developed Property for
which a building permit(s) was issued for a non-
residential use.Outstanding Bonds" means all Bonds which are outstanding under and in
accordance with the provisions of the Fiscal
Agent Agreement.Property Owner Association Property" means any property within the
boundaries of CFD No. 91-2 that is owned by or irrevocably dedicated to a
property owner association,including any
master or sub-association.Proportionately" means for Developed Property that the ratio of
the actual Special Tax levy to the Assigned Special Tax is equal for all Assessor's
Parcels of Developed Property within CFD No. 91-2. For Undeveloped Property, "Proportionately"
means that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per
Acre is equal for all Assessor's Parcels of Undeveloped
Property in CFD No. 91-2.Public Property" means any property within the boundaries of
CFD No. 91-2 that (i) is owned by or irrevocably offered for dedication
to the federal government, the State,the County, the City or any other public agency, provided
however that any property leased by a public agency to a private entity and subject to taxation
under Section 53340.1 of the Act shall be taxed and classified in accordance with its use;
or (ii) is encumbered by a public utility easement making impractical its use for any purpose
other
than that set forth in the easement.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.Residential Floor Area" means all of the
square footage of living area within the perimeter of a residential structure,
not including any carport, walkway, garage, overhang,patio, enclosed patio, or similar area. The
determination of Residential Floor Area shall be made by reference to the building permit(
s) issued for such Assessor's Parcel.Single Family Attached Property" means
all Assessor's Parcels of Residential Property for which building permits
have been issued for attached residential units.Single Family Detached Property" means
all Assessor's Parcels of Residential Property for which building permits
have been issued for detached residential units.Special Tax" means the special tax to be levied in
each Fiscal Year on each Assessor's Parcel of Developed
Property, Undeveloped Property, Taxable Property Owner Association Property, and Taxable Public
Property to fund the Special Tax Requirement.Special Tax Requirement" means that amount required in
any Fiscal Year to pay: (I) debt service and other periodic costs on the Bonds due
in the calendar year commencing in such Fiscal Year, (2) the cost of acquisition or construction
of authorized facilities
of CFD No. 91-City a/Orange
CFD No. 91-
2 (Serrano
2, (3) Administrative Expenses, (4) any amount required to replenish any reserve fund
established in association with the Bonds, (5) for reasonably anticipated delinquent Special
Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year,
and (6) the costs of remarketing, credit enhancement and liquidity facility fees (including
such fees for instruments that serve as the basis of a reserve fund related to any indebtedness
in lieu of cash), less (7) a credit for funds available to reduce the annual Special Tax levy,
as determined by the CFD Administrator pursuant to the Fiscal Agent Agreement.
State" means the State of California.
Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No.
91-2 which are not exempt from the Special Tax pursuant to law or Section E
below.Taxable Property Owner Association Property" means all Assessor's Parcels
of Property Owner Association Property that are not exempt pursuant to Section E
below.Taxable Public Property" means all Assessor's Parcels of Public Property that are
not exempt pursuant to Section E
below.Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified
as Developed Property, Taxable Property Owner Association Property, or Taxable
Public
Property.B. ASSIGNMENT TO LAND USE
CATEGORIES Each Fiscal Year, all Taxable Property within CFD No. 91-2 shall be classified
as Developed Property, Taxable Public Property, Taxable Property Owner Association
Property, or Undeveloped Property, and shall be subject to Special Taxes in accordance with the
rate and method of apportionment determined pursuant to Sections C and D
below. Residential Property shall be assigned to Land Use Classes 1 through 12 and
Non-Residential Property shall be assigned to Land
Use Class 13.The Assigned Special Tax for Residential Property shall be based on
the Residential Floor Area located on the Assessor's Parcel. The Assigned Special
Tax for Non-Residential Property shall be based on the Acreage of
the Assessor's Parcel.C.
MAXIMUM SPECIAL TAX
RATE 1. Developed Property
a. Maximum Soecial Tax The Maximum Special Tax for each Assessor'
s Parcel classified as Developed Property shall be the greater of (i)
the amount derived by application of the Assigned Special Tax or (ii)
the amount derived by application of
the Backup Special Tax.City of Oranl!e nlU':p.
b. Assigned Special Tax
The Assigned Special Ta ~ for Fiscal Year 2000-0 I for each Land Use
Class is shown in Table
1.TA
RLEl Assigned Special TaXI ~ for Developed
Property For Fiscal Year
2000-01 Community Facil ties District
No. 91-2 Land
Use Class I
Assigned Special Tax Description Residential Floor Area
Per unit! Acre 1 Single Family Detached Proper! > 3,599 SQ. ft. $3,304.
80 per Unit Single Family Detached Proper! 3,400 3,599 SQ. ft. $3,121.
20 per Unit 3 Single Family Detached Propert 3,200 - 3,399 SQ. ft. $2,937.60
per Unit 4 Single Family Detached Propert 3,000 3,199 SQ. ft. $2,754.00
per Unit 5 Single Family Detached Propert 2,800 2,999 SQ. ft. $2,570.40
pcr Unit 6 Single FamilyDetached PropeJ:1 " 2,600 - 2,799 SQ. ft. $2,386.80 per
Unit 7 Single Family DetachedPropeJ:1 v 2,400 - 2,599 SQ. ft. $2,203.20 per Unit
8 Single Family Detached Proper y 2,200 2,399 SQ. ft. $2,019.60 per Unit
9 Single Family Detached Proper y 1,900 2,199 sa. ft. $1,744.20 per Unit
10 Single Family Detached Propel y <1,900 SQ. ft. $1,560.60 per Unit
11 Single Family Attached Proper ~ >1,500 sq. ft. $1,377.00 per Unit
12 Single Family Attached Proper y <1,500 SQ. ft. $1,096.50 per Unit
13 Non Residential Property Not Applicable $22,175.43 ocr Acre
c. Backup Special Tax
The Fiscal Year 2000-01 Backup Special Tax for an Assessor's Parcel
of Developed Property shall equal $22,175.43 per
Acre.December 17,
1999 Page5Cityof
Orange CFD No. 91-2 (Serrano Heights
d. mcrease in the Assigned Special Tax and Backup Special Tax
On each July 1, commencing on July 1,2001, the Assigned Special Tax and
the Backup Special Tax shall be increased by an amount equal to two percent
2 %) of the amount in effect for the previous Fiscal Year.
2. Undeveloped Property, Taxable Property Owner Association Property, and
Taxable Public Property
a. Maximum Special Tax
The Fiscal Year 2000-01 Maximum Special Tax for Undeveloped
Property,Taxable Property Owner Association Property, and Taxable Public
Property in CFD No. 91-2 shall be $22,175.43
per Acre.b. Increase in the Maximum
Special Tax On each July 1, commencing on July 1,2001, the Maximum Special
Tax for Undeveloped Property, Taxable Property Owner Association
Property, and Taxable Public Property shall be increased by an amount equal to
two percent 2 %) of the amount in effect for the previous
Fiscal Year.D. METHOD OF APPORTIONMENT OF THE
SPECIAL TAX Commencing with Fiscal Year 2000-01 and for each following Fiscal Year,
the Council shall levy the Special Tax until the amount of Special Taxes equals the
Special Tax Requirement.The Special Tax shall be levied each Fiscal
Year as follows:First: The Special Tax shall be levied Proportionately on each Assessor'
s Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax
as needed to satisfy the
Special Tax Requirement;Second: If additional monies are needed to satisfy the Special Tax
Requirement after the first step has been completed, the Special Tax shall be levied
Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100% of the Maximum
Special Tax
for Undeveloped Property;Third: If additional monies are needed to satisfy the Special Tax Requirement
after the first two steps have been completed, then the levy of the Special Tax on each Assessor'
s Parcel of Developed Property whose Maximum Special Tax is determined through
the application of the Backup Special Tax shall be increased Proportionately from the Assigned
Special Tax up to the Maximum Special Tax for each such
Assessor's Parcel;Fourth: If additional monies are needed to satisfy the Special Tax Requirement
after the first three steps have been completed, then the Special Tax shall be levied
Proportionately on each Assessor's Parcel of Taxable Property Owner Association Property
and Taxable Public City of Orange
Property at up to the Maximum Special Tax for Taxable Property Owner Association
Property or Taxable Public Property.
Notwithstanding the above, under no circumstances will the Special Tax levied against any
Assessor's Parcel of Residential Property for which an occupancy permit for private
residential use has been issued be increased by more than ten percent as a consequence of
delinquency or default by the owner of any other Assessor's Parcel within the CFD.
E. EXEMPTIONS
No Special Tax shall be levied on up to 393.22 Acres of Property Owner Association
Property and Public Property. Tax-exempt status will be irrevocably assigned by the
CFD Administrator in the chronological order in which property becomes Property
Owner Association Property or Public Property and in the following order of priority.
However,should an Assessor's Parcel no longer be classified as Property Owner Association
Property or Public Property its tax-exempt status will
be revoked.First: Property that was considered Public Property as of the date of formation of
CFD
No.91-2;Second: Property that becomes Public Property subsequent to the date of
formation of CFD No. 91-2, in the chronological order in which such
property becomes Public Property;Third:
Property Owner Association Property.Property Owner Association Property or Public Property that is
not exempt from Special Taxes under this section shall be subject to the levy of the Special Tax
and shall be taxed Proportionately as part of the fourth step in Section D above, at up to
100% of the applicable Maximum Special Tax for Taxable Property Owner Association
Property
or Taxable
Public Property.F.APPEALS Any property owner claiming that the amount or application of the Special
Tax is not correct and requesting a refund may file a written notice of appeal and refund to
that effect with the CFD Administrator not later than one calendar year after having paid the
Special Tax that is disputed. The CFD Administrator 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 decide the appeal. If the CFD Administrator's
decision requires the Special Tax be modified or changed in favor of the property owner, a cash refund
shall not be made except for the last year of levy), but an adjustment shall be made to
the next Special Tax levy. Any dispute over the decision of the CFD Administrator shall be
referred to the City Council and the decision of the City Council shall be final. This
procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to
any legal
action by such
owner.City of Orange CFD No. 91-
2 (Serrano Heights
Public Improvements)
G. MANNER OF COLLECTION
The 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. 91-2 may directly bill the
Special Tax, may collect Special Taxes at a different time or in a different manner if necessary
to meet its financial obligations, and may covenant to foreclose and may actually foreclose
on delinquent Assessor's Parcels as permitted by the
Act.H. PREPAYMENT OF SPECIAL
TAX The following definitions apply to this Section
H:Outstanding Bonds" means all Bonds which are deemed to be outstanding under
the Fiscal Agent Agreement after the first interest and/or principal payment date following
the current Fiscal
Year.1. Prepayment in
Full Any Assessor's Parcel of Developed Property or Undeveloped Property for which a
building permit has been issued may be prepaid. The Special Tax obligation applicable to
such Assessor's Parcel in CFD No. 91-2 may be fully prepaid and the obligation of the
Assessor's Parcel to pay the 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 Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel
intending to prepay the Special Tax obligation shall provide the CFD Administrator with written
notice of intent to prepay. Within 30 days of receipt of such written notice, the
CFD Administrator shall notify such owner of the prepayment amount of such Assessor's Parcel.
The CFD Administrator may charge a reasonable fee for providing this amount. Prepayment
must be made not less than 45 days prior to the next occurring date that notice of
redemption of Bonds from the proceeds of such prepayment may be given to the Fiscal Agent
pursuant to the Fiscal
Agent Agreement.The Prepayment Amount (defined below) shall be calculated as
summarized below capitalized terms as
defined below):Bond
Redemption
Amount
plus
plus
plus
less less
Total: equals
Redemption Premium
Defeasance Amount Administrative Fees
and Expenses Reserve
Fund Credit Capitalized
Interest Credit
Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined below)
shall be calculated
as follows:Cilv of Oranl!e December
Para2raph No.:
1. For Assessor's Parcels of Developed Property, compute the Assigned Special Tax
and Backup Special Tax applicable for the Assessor's Parcel to be prepaid. For
Assessor's Parcels of Undeveloped Property for which a building permit has been
issued, compute the Assigned Special Tax and Backup Special Tax for that
Assessor's Parcel as though it was already designated as Developed Property, based
upon the building permit which has already been issued for that Assessor's Parcel.
2. (a) Divide the Assigned Special Tax computed pursuant to paragraph 1 by the total
estimated Assigned Special Taxes for the entire CFD No. 91-2 based on
the Developed Property Special Taxes which could be charged in the current Fiscal
Year on all expected development through buildout of CFD No. 91-2,
excluding any Assessor's Parcels which have been
prepaid, and b) Divide the Backup Special Tax computed pursuant to paragraph 1 by
the total estimated Backup Special Taxes at buildout for the entire CFD No.
91-2, excluding any Assessor's Parcels which
have been prepaid.3. Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(
b) by the Outstanding Bonds to compute the amount of Outstanding Bonds to
be retired and prepaid (the "
Bond Redemption Amount").4. Multiply the Bond Redemption Amount computed pursuant to paragraph
3 by the applicable redemption premium, if any, on the Outstanding Bonds
to be redeemed
the "Redemption Premium").5. Compute the amount needed to pay interest on the Bond
Redemption Amount from the first bond interest and/or principal payment date following the
current Fiscal Year until the earliest redemption date for
the Outstanding Bonds.6. Confirm that no Special Tax delinquencies apply to such
Assessor's Parcel.7. Determine the Special Taxes levied on the Assessor's Parcel in
the current Fiscal Year which have not
yet been paid.8. Compute the minimum amount the CFD Administrator reasonably
expects to derive from the reinvestment of the Prepayment Amount less the
Administrative Fees and Expenses from the date of prepayment until the redemption date
for the Outstanding Bonds to be redeemed
with the prepayment.9. Add the amounts computed pursuant to paragraphs 7 and 9 and
subtract the amount computed pursuant to paragraph 10 (
the "Defeasance Amount").10. Verify the administrative fees and expenses of No. 91-2,
including the costs of computation of the prepayment, the costs to invest the
prepayment proceeds, the
costs December
17, 1999 Page
9 City of Orange E!.!!.1.lo. 91-
of redeeming Bonds, and the costs of recording any notices to evidence the
prepayment and the redemption (the "Administrative Fees and Expenses").
11. If reserve funds for the Outstanding Bonds, if any, are at or above 100% of the
reserve requirement (as defined in the Fiscal Agent Agreement) on the prepayment
date, the reserve fund credit shall equal the expected reduction in the reserve
requirement, if any, associated with the redemption of Outstanding Bonds as a result
of the prepayment (the "Reserve Fund Credit"). No Reserve Fund Credit shall be
granted if reserve funds are below 100% of the reserve requirement.
12. If any capitalized interest for the Outstanding Bonds will not have been expended at
the time of the first interest and/or principal payment following the current Fiscal
Year, a capitalized interest credit shall be calculated by multiplying the larger
quotient computed pursuant to paragraph 2(a) or 2(b) by the expected balance in the
capitalized interest fund after such first interest and/or principal payment (the
Capitalized Interest Credit").
13. The Special Tax prepayment is equal to the sum of the amounts computed pursuant
to paragraphs 3, 4, 9 and 10, less the amounts computed pursuant to paragraphs 11
and 12 (the "Prepayment Amount").
14. Fro!ll the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4, 9,
11 and 12 shall be deposited into the appropriate fund as established under the Fiscal
Agent Agreement and be used to retire Outstanding Bonds or make debt service
payments. The amount computed pursuant to paragraph 10 shall be retained by CFD
No. 91-
2.The Prepayment Amount may be sufficient to redeem other than a $5,000 increment
of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will
be retained in the appropriate fund established under the Fiscal Agent Agreement to be
used with the next prepayment of bonds or to make debt service
payments.As a result of the payment of the current Fiscal Year's Special Tax levy as determined
under paragraph 9 (above), the CFD Administrator shall remove the current Fiscal Year's
Special Tax levy for such Assessor's Parcel from the County tax rolls. With respect to
any Assessor's Parcel that is prepaid, the Council shall cause a suitable notice to be recorded
in compliance with the Act, to indicate the prepayment of Special Taxes and the release of
the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel
to pay the Special Tax shall
cease.Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless
the amount of Assigned Special Taxes that may be levied on Taxable Property within CFD
No.91-2 both prior to and after the proposed prepayment is at least 1.1 times
the maximum annual debt service on all
Outstanding Bonds.City of Orange December
2. Prepayment in Part
The Maximum Special Tax on an Assessor's Parcel of Developed Property or an Assessor's
Parcel of Undeveloped Property for which a building permit has been issued may be partially
prepaid. The amount of the prepayment shall be calculated as in Section H.l; except that a
partial prepayment shall be calculated according to the following formula:
PP=PExF.
These terms have the following meaning:
PP = the partial prepayment
PE = the Prepayment Amount calculated according to Section H.l
F = the percent by which the owner of the Assessor's Parcel(s) is partially prepaying the
Maximum Annual Special Tax.
The owner of an Assessor's Parcel who desires to partially prepay the Maximum Special Tax
shall notify the CFD Administrator of (i) such owner's intent to partially prepay the
Maximum Special Tax, (ii) the percentage by which the Maximum Special Tax shall be
prepaid, and (iii) the company or agency that will be acting as the escrow agent, if applicable.
The CFD Administrator shall provide the owner with a statement of the amount required for
the partial prepayment of the Maximum Special Tax for an Assessor's Parcel within 30 days
of the request and may charge a reasonable fee for providing this service.
With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute the
funds remitted to it according to Paragraph 14 of Section H.I., and (ii) indicate in the records
of CFD No. 91-2 that there has been a partial prepayment of the Maximum Special Tax
and that a portion of the Maximum Special Tax equal to the outstanding pencentage (1.00 - F) of
the remaining Maximum Special Tax shall continue to be authorized to be levied on such
Assessor's Parcel pursuant to Section D.
I. TERM OF SPECIAL TAX
Special Taxes used to pay for either or both the acquisition and construction of any public
facilities for CFD No. 91-2 (through the issuance of Bonds or otherwise) and levied on
any Assessor's Parcel shall not be levied after the thirty-fifth (35th) Fiscal Year in
which such Assessor's Parcel was taxed as Developed Property. After such thirty-
fifth (35th) Fiscal Year, and the collection of any delinquent Special Taxes, penalties and
interest, the CFD Administrator shall cause a document substantially in the form required
by the Act evidencing such termination of the levy and collection to be recorded in the
office of the recorder
of theCounty.K,IClienlS2\ORANGE.CI1\
MEILOISERRANOIRMAIRMA_5.doc
December 17, 1999 Page 11
City of Orange CFD No. 91-2 (
EXHIBITB
FACILITIES TO BE FINANCED BY
CITY OF ORANGE
COMMUNITY FACILITIES DISTRICT NO. 91-
2 SERRANO HEIGHTS PUBLIC
IMPROVEMENTS)1. Serrano A venue and Related Improvements: Construction of Serrano A venue
within and in the vicinity of the District. Construction of mainline water, sanitary sewer and
storm drain improvements, dry utilities, equestrian trails, landscaping and riparian
revegetation adjacent and/or in the vicinity of such road
construction.The foregoing shall include costs related to civil and soils engineering,
construction management, fees and permits, mobilization, site preparation (including removal of
existing improvements), grading, curb, gutter, sidewalk, paving, slope and erosion control, street
lights,signalization and signage, striping, walls and fences, grading of pump station site and
provision of site improvements including water lines and access
routes.2. West Loop Road, Park and Related Improvements: Construction of a loop road off
of Serrano Avenue within the boundaries of the Improvement Area. Construction of
mainline watl:r, sanitary sewer, storm drain improvements; and landscaping in public rights of
way.Grading ofland for a park within or in the vicinity ofthe District and other site preparation
costs,and construction thereon of related
improvements.The foregoing shall include costs related to civil and soils engineering,
construction marLagement, fees and permits, mobilization, site preparation (including removal of
existing improvements), grading, curb, gutter, sidewalk, paving, slope and erosion control, street
lights,signalization and signage and
striping.3. Water Reservoir and Related Improvements: Grading of land for a water
reservoir within or in the vicinity of the District and other site preparation costs, and construction
thereon of related improvements including but not limited to any water lines incident to such
reservoir.The foregoing shall include costs related to civil and soils engineering,
construction marlagement, fees and permits, mobilization, site preparation (including removal of
existing improvements), grading, curb, gutter, sidewalk, paving, slope and erosion control, street
lights,signalization and signage, striping, walls and
fences.4. East Collector Road and Related Improvements: Construction of a collector road
off of Serrano Avenue within and in the vicinity of the Improvement Area. Construction of
mainline wat<er, dry utilities, sanitary sewer, storm drain improvements; and landscaping in public rights
of
way.The foregoing shall include costs related to civil and soils engineering,
construction management, fees and permits, mobilization, site preparation (including removal of
existing improvements), grading, curb, gutter, sidewalk, paving, slope and erosion control, street
lights,sigrlalization and signage, striping, walls and
fences.5. Transportation System Improvements: Acquisition, construction and/or installation
of the following improvements, including any costs related to mobilization, site preparation,
site acquisition, and
grading:
a) Arterial Street Improvements: Nohl Ranch Road - Santiago to E.C.L.;Santiago
Canyon Road - Hewes to Jamboree; and Hewes - Bond to Santiago Canyon Road.b) Freeway
Ramp
and Bridge Improvements.c) Signalization: Santiago
Canyon/Orange Park; and Serrano/Yellowstone.d) OtherTransportation
System Improvements: Street Scan - Audio Visual Surveillance System; Bus/Parking
Bays; Signal SystemMaster - Increase Capacity; and other Operational Improvements.6. Fire
Protection Facilities Improvements:
Acquisition, construction and/or installation of a site for and
construction of a new fire station in the general vicinity of the District, including any costs related to mobilization,
site preparation, site acquisition, and grading:7. Transportation System Improvement, Foothil1/
Eastern Transportation Corrider and FireFacility Fees. Payment of
any fee obligation related to fire facility fees or transportation system improvement fees imposed by
the City relative to new development in the Improvement Area, and any transportation system
fees imposed on new development in the Improvement Area for !improvements to the F
oothil1/Eastern Transportation Corrider.The Facilitiesshall be constructed,
whether or not acquired in their completed states,pursuant to plans and specifications
approved by the City (or other governmental entity that will own and operate the same)
and the officials thereof, and, as to items 1, 2, 3 and 4 above, shall be generally as described in the
report of Fuscoe Engineering, Inc. on file with the City Director of Public Works.B-2
EXHIBITC
NOTICE OF PUBLIC HEARING
IMPROVEMENT AREA NO.1 AND
IMPROVEMENT AREA NO.2 OF THE
CITY OF ORANGE
COMMUNITY FACILITIES DISTRICT NO. 91-
2 SERRANO HEIGHTS PUBLIC
IMPROVEMENTS)Notice is hereby given that on January 11,2000, the City Council of the City of
Orange adopted a Resolution entitled "A ~esolution of the City Coun.cil of. t~~ Cio/ ?f
Orange Combining Improvement Areas Withm the CIty of Orange CommunIty FacIlItIes Dlstnct No.
91-2 (Sl:rrano Heights Public Improvements), and Considering Alteration ofthe Rate and Method
of Apportionment of Special Taxes and the Authorized Facilities For the Prior Improvement
Areas and the Bonded Indebtedness and Appropriations Limits for the Prior Improvement
Areas."Pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act") the City
Council of the City of Orange hereby gives notice
as follows:A. The text of said Resolution is
as follows:WHEREAS, on November 12, 1991, the City Council of the City
of Orange adopted (a) Resolution No. 7898 of the City of Orange (the "City") stating its
intention to form the City of Orange Community Facilities District No. 91-2 (
Serrano Heights Public Improvements) (the "District"), pursuant to the Mello-Roos
Community Facilities Act of 1982, as amended (the "Act"), to finance certain facilities, and (b)
Resolution No. 7899 of the City stating its intention to issue bonds for the District to
finance such facilities; and WHEREAS, on December 17, 1991, the City Council
adopted (a) Resolution No.7918 of the City establishing the District, authorizing the levy ofa
special tax within the District and setting an appropriations limit for the District, and (
b) Resolution No. 7919 of the City determining the necessity to incur bonded
indebtedness
within the District;and WHEREAS, subsequent to the formation of the District,
the then sole landowner within the District requested that the rate and method of
apportionment of the special taxes for the
District be altered; and WHEREAS, on November 14, 1995, the City
Council adopted Resolution No.8545 of the City entitled "A Resolution of the City Council of
the City of Orange Determining That Alteration of the Rate and Method of
Apportionment of Special Taxes for City of Orange Community Facilities District No.
91-2 (Serrano Heights Public Improvements) is Lawfully Authorized and Directing
Recording of Amendment to Notice of Special Tax Lien," which resolution determined that the
alteration of therate and method of app<!rtionment of the special taxes for the
District, as described
therein, was lawfully authonzed; and WHEREAS, subsequent to November 14, 1995,
the City Council received a request of the then sole landowner within the
District to designate improvement areas within the District (the "Improvement Areas") and to alter
the rate and method of apportionment of the special taxes and the facilities to
be financed
by
WHEREAS, on May 14, 1996, the City Council adopted a resolution entitled "A
Resolution of the City Council of the City of Orange Determining That the Rate and
Method of Apportionment of Special Taxes, the Facilities to be Financed by and the
Bonded Indebtedness Limit and the Annual Appropriations Limit for Improvement Area
No. I and Improvement Area No.2 of the City of Orange Community Facilities District
No. 91-2 (Serrano Heights Public Improvements) are Lawfully Authorized and
Directing Recording of Second Amendment to Notice of Special Tax Lien," determining the
rate and method of apportionment of the special taxes for the District as it applies to
the Improvement Areas, altering the authorized improvements for the District as they
apply to the Improvement Areas, and amending the bonded indebtedness and
appropriations limits for the District as they apply to the Improvement Areas;
and WHEREAS, City staff has now received a request from an owner of property
in the District to eliminate the Improvement Areas, and to alter the rate and method
of apportionment of special taxes and the facilities to be financed by the Improvement
Areas so that a single rate and method of apportionment of special taxes and a single list
of facilities to be financed will apply to all of the property within the District and the
City Council now desires to commence proceedings to so eliminate the Improvement
Areas,and to alter the rate and method of apportionment of the special tax authorized to
be levied within the District and to alter the authorized improvements for the
bonded indebtedness and appropriations limits for the District as appropriate upon the
elimination of the Improvement
Areas.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ORANGE DOES HEREBY RESOLVE AS
FOLLOWS:Section 1. Receipt by the City of a request of the owner of property in
the District to eliminate the Improvement Areas, and to alter the rate and method
of apportionment of the special taxes, the authorized improvements and the
bonded indebtedness and appropriations limits for the District incident thereto, is
hereby
acknowledged.Section 2. The City Council hereby determines to eliminate the designations
of areas within the District as "Improvement Area No. 1 of the City of Orange
Community Facilities District No. 91-2 (Serrano Heights Public Improvements),"
and "Improvement Area No.2 of the City of Orange Community Facilities District No.
91-2 (Serrano Heights Public Improvements)." Said Improvement Areas shall
now constitute undivided portions of the District, without separate designation, for all purposes of
the District. The City Clerk is hereby directed to record or cause to be recorded in the office
of the County Recorder a second amended boundary map for the District
eliminating any separate designation of
the Improvement Areas.Section 3. The City Council hereby finds and determines
that public convenience and necessity require that the rate and method of apportionment of
the special tax authorized to be levied within the District be altered. The rate
and method of apportionment of the special tax among the parcels ofreal property within
the District is proposed to be amended and restated as set forth in Exhibit A attached hereto
and by this reference incorporated herein. The conditions under which the obligation
to pay the specified special tax may be prepaid and permanently satisfied are
specified in said Exhibit A. Such amended and restated rate and method of apportionment
is in sufficient detail to allow each landowner within the District to estimate the
maximum amount such owner will
have
Section 4. The facilities proposed to be financed by the District are proposed to
be changed to those facilities set forth in Exhibit B attached hereto and by this reference
incorporated herein.
Section 5. The appropriations limit for the District and the bonded indebtedness
limit for the District are hereby amended, subject to the approval of at least two-thirds
of the qualified electors of the District, to be as follows: (a) the annual appropriations
limit for the District is $5,000,000 and (b) the bonded indebtedness limit for the District
is 37,000,
000.Section 6. Tuesday, February 22,2000, at 7:00 p.m., in the regular meeting
place of the City Council, Council Chambers, City Hall, 300 East Chapman Avenue,
Orange,California, be, and the same are hereby appointed and fixed as the time and place
when and where the City Council, as legislative body for the District, will conduct a
public hearing on the proposed alterations and amendments described in the preceding
Sections 2,3,4 and
5.Section 7. The City Clerk is hereby directed to cause notice of said public
hearing to be given by publication one time in a newspaper published in the area of the
District.The publication of said notice shall be completed at least seven days before the
date herein set for said hearing. Said notice shall be in the form of Exhibit C
hereto.Section 8. The officers and employees of the City are hereby authorized
and directed to take all actions and do all things which they, or any of them, may
deem necessary or desirable to accomplish the purposes of this Resolution and not
inconsistent with the provisions
hereof.Section 9. This Resolution shall take effect immediately upon its
adoption.B. The time and place established under said Resolution for the public hearing
required undt:r the Act are Tuesday, February 22, 2000, at 7:00 p.m., in the regular meeting place of
the City Council of the City of Orange, Council Chambers, City Hall, 300 East Chapman
Avenue,Orange,
California.C. At said hearing, the testimony will be heard of all interested persons or taxpayers
for or against the elimination of the improvement areas and the changing of existing special
taxes and the existing facilities, and the amendment of the annual appropriations limit and
bonded indebtedness limit, applicable to each of the improvement areas within the District. Any
person interested may file a protest in writing as provided in Section 53336 of the Act. If the owners
of one-half or more of the area of land in the applicable improvement area of the
District not exempt from the special tax file written protests against the proposed alternation to the
rate and method of apportionment of the special taxes for or the facilities to be financed
by an improvement area of the District or the annual appropriations limit or the
bonded indebtedness limit for an improvement area of the District, and the protests are not withdrawn to
reduce the value of the protests to less than a majority, the City Council shall eliminate
the applicable alteration or amendment, as applicable from the proceedings for the respective
improvement area and the alteration or amendment, as applicable shall not be included in a resolution for
a period of one year from the date of decision of the City Council after
the
D. The proposed voting procedure for each improvement area shall be by special mail or
hand-delivered ballot of the property owners within the territory included with that
respective improvement area of the
District.Dated: January ft,
2000Ff61'U4 ",//1.1 ~
ooo Publish: JIffililU) _' :
880 S/!}",~flrA/A/
Z City
Clerk,City of
Orange