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R-115-16 Adopting the Local Goals and Policies concerning districts formed pursuant to the Mello-Roos Community Facilities Act of 1982
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R-115-16 Adopting the Local Goals and Policies concerning districts formed pursuant to the Mello-Roos Community Facilities Act of 1982
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Equity of Tax Allocation Formulas <br />It is a goal of the City that any special tax levied pursuant to the Act be allocated equitably <br />against all similar parcels within any CFD. Towards this end, the City will engage a <br />qualified special tax consultant to assist in the development of the rate and method of <br />apportionment for any special tax proposed in connection with a CFD. <br />Rate and Method of Apportionment of Special Taxes <br />The Rate and Method of Apportionment ("RMA") of the special tax for any CFD shall <br />adhere to the following requirements: <br />1. The RMA must be structured so as to produce special tax revenues sufficient <br />to (a) pay scheduled debt service on all bonds issued for the CFD, (b) pay the <br />annual cost of authorized Services, if applicable, (c) pay an amount equal to <br />any anticipated shortfall in special tax revenues due to delinquencies or <br />projected delinquencies in the payment of special taxes, (d) fund any amounts <br />required.to establish or replenish any reserve fund established for such bonds, <br />(e) pay the costs of formation of the City or reimburse the City for the costs of <br />formation of the CFD previously paid out of City funds, and (f) pay reasonable <br />and necessary annual administrative expenses of the CFD. Additionally, the <br />RMA may be structured so as to produce amounts sufficient to fund (a) <br />amounts to pay directly the costs of facilities eligible to be financed by the CFD, <br />(b) the accumulation of funds reasonably required for the payment of future <br />debt service on bonds, (c) remarketing, credit enhancement or liquidity fees, <br />and (d) any other costs or payments permitted by law. The special tax revenues <br />necessary to fund all required expenses or deposits for a CFD may be referred <br />to as the "Special Tax Requirement' <br />2. In any case, the RMA must be structured such that the projected maximum <br />special tax that could be levied in any Fiscal Year would produce special tax <br />revenues at least equal to (a) 110% of projected annual debt service on all <br />bonds for the calendar year commencing in such Fiscal Year, plus (b) projected <br />administrative expenses of the CFD for the calendar year commencing in such <br />Fiscal Year; <br />3. An option to permit the prepayment, in whole or in part, of the special tax <br />obligation for an individual parcel for any special tax authorized to finance <br />facilities shall be included in the RMA for any such special tax. Such <br />prepayment shall be permitted only if (a) the payment of all special taxes for <br />such a parcel is current and (b) following such prepayment, the projected <br />maximum special taxes that could be levied in any fiscal year on all remaining <br />taxable property within the CFD will produce the special tax revenues required <br />in paragraph 2 above. However, neither the City nor the CFD shall be obligated <br />to pay for the cost of determining the prepayment amount, which is to be paid <br />by the applicant; <br />The prepayment, in whole or in part, of the special tax obligation for any special <br />tax authorized to be levied to finance Services shall not be permitted; <br />4 <br />
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