56667177.1
RESOLUTION NO. _______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MERCED, ACTING AS THE LEGISLATIVE BODY OF THE
COMMUNITY FACILITIES DISTRICT NO. 2003 -2
(SERVICES) OF THE CITY OF MERCED DETERMINING
THE VALIDITY OF PRIOR PROCEEDINGS, CALLING A
SPECIAL ELECTION RELATED TO ANNEXATION NO. 20
WHEREAS, the City Council (the “Council” ) of the City of Merced, California (the “City”), has heretofore formed the Community Facilities District No. 2003-2 (Services) of the City of Merced (the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”); WHEREAS, the City Council, acting as the legislative body of the District has heretofore adopted Resolution No. 2 022-___ (the “Resolution of Intention to Annex”) stating its intention to annex certain property to the District (“Annexation No. 20”) pursuant to the Act; and
WHEREAS, a copy of the Resolution of Intention to Annex, incorporating a description and map of the proposed boundaries of Annexation No. 20 to the District and setting forth the amended rate and method of apportionment (the “Special Tax Formula”) and manner of collection of the special tax to be levied within the proposed Annexation No. 20, which will be used to finance certain public services, including but not limited to public safety services, landscape maintenance, park and parkway maintenance, street lighting maintenance and flood control services and other services authorized pursuant to the Act (the “Services”) that are in addition to those provided in the territory within the proposed Annexation No. 20 prior to the annexation to the District and do not supplant services already available within the territory proposed to be included in the District, is on file with the City Clerk and incorporated herein by reference; and
WHEREAS, the Resolution of Intention to Annex set as the date of the public hearing on the annexation of proposed Annexation No. 20 to the District and this Council held said public hearing as required by law; and WHEREAS, prior to the commencement of the hearing, there was filed with the City Council a Community Facilities Report prepared by Goodwin Consulting Group (the “CFD Report”) containing a boundary map of Annexation No. 20, a description of the services and maintenance, an estimate of the costs of the Services ATTACHMENT 4
20 56667177.1 2
and incidental expense to be financed by properties within the District, including Annexation No. 20, and the CFD Report has been reviewed by the Council and is incorporated herein and made a part of the record of the public hearing; and WHEREAS, at said hearing all persons not exempt from the special tax desiring to be heard on all matters pertaining to the annexation of proposed Annexation No. 20 to the District were heard and a full and fair hearing was held; and
WHEREAS, at said hearing evidence was presented to the Council on said matters before it, and this Council at the conclusion of said hearing is fully advised in the premises; and
WHEREAS, this Council wishes to present to the qualified electors of Annexation No. 20 a proposition to levy special taxes on property within Annexation No. 20 pursuant to the Act;
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND
ORDERED BY THE CITY COUNCIL OF THE CITY OF MERCED, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2003-2 (SERVICES) OF THE CITY OF MERCED, AS FOLLOWS:
Section 1. Pursuant to Section 53339.7 of the Act , the Council finds and determines that the proceedings prior hereto were valid and in conformity with the requirements of the Act.
Section 2. Written protests against the annexation of Annexation No. 20 to the District, or against the furnishing of specified services or the levying of a specified special tax within Annexation No. 20, have not been filed by fifty percent (50%) or more of the registered voters, or six registered voters, whichever is more, residing within the existing District, or fifty percent (50%) or more of the registered voters or six registered voters, whichever is more, residing within Annexation No. 20, or by the owners of one -half or more of the area of land in the territory included in the existing District, or by the owners of one -half or more of the area of land in Annexation No. 20.
Section 3. The description and map of the boundaries of Annexation No. 20, on file in the City Clerk’s office and as described in the Resolution of Intention to Annex, and incorporated herein by reference, shall be the boundaries of the Annexation No. 20. The map of the proposed boundaries of Annexation No. 20 has been recorded in the Office of the County Recorder of Merced County, California on ____________, 2022 in Book ____ pages ______ of the Book of Maps of April 20 15 20
56667177.1 3
Assessments and Community Facilities Districts (Instrument Number No.________________).
Section 4. Except where funds are otherwise available, there shall be levied annually in accordance with procedures contained in the Act on nonexempt property within Annexation No. 20, a special tax sufficient to finance the Services that are in addition to those provided in the territory within Annexation No. 20 prior to the annexation to the District and do not supplant services already available within the territory proposed to be included in the District and other costs, including but not limited to all costs of the tax levy. The amended rate and method of apportionment of the special tax and manner of collection is described in detail in Exhibit “A” attached hereto and incorporated herein by this reference. The Council hereby determines the Special Tax Formula to be reasonable. The special tax shall be utilized to pay for authorized Services and administrative expenses and to fund and replenish any reserve fund established for the District.
Section 5. Upon recordation of a notice of special tax lien pursuant to Section 3117.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in Annexation No. 20, and this lien shall continue in force and effect until the special tax obligation is prepaid or otherwise permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the District ceases.
Section 6. The Council finds that the proposed public services are necessary to meet the increased demand put upon the City as a result of the development within Annexation No. 20.
Section 7. The Council finds that there is not an ad valorem property tax currently being levied on property within the proposed Annexation No. 20 for the exclusive purpose of financing the Services.
Section 8. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, the City Council hereby continues the following accountability measures pertaining to the levy by the District of the Special Tax described in Section 4 above:
A. Such Special Tax shall be levied for the specific purposes set forth i n S
ection 7 hereof.
B. The proceeds of the levy of such Special Tax shall be applied only to the specific purposes set forth in Section 4 hereof.
2022-015807
56667177.1 4
C. The District shall establish an account or accounts into which the proceeds of such Special Tax shall be deposited.
D. The Finance Director, or his or her designee, acting for and on behalf of the District, shall annually file a report with the City Council as required pursuant to Government Code Section 50075.3.
Section 9. The Office of the Finance Director, 678 West 18th Street, Merced, California 95340, (209) 385-5783, or its designee, is designated to be responsible for preparing annually a current roll of special tax levy obligations by assessor’s parcel number and for estimating future special tax levies pursuant to Section 53340.1 of the Government Code.
Section 10. Pursuant to Government Code Section 53353.5, the Council hereby submits to the qualified electors of Annexation No. 20 a proposition (the “Proposition”) to annex into the District Annexation No. 20 and to levy special taxes on property within Annexation No. 20 in accordance with the Special Tax Formula.
The Proposition is attached as Exhibit “B.”
Section 11. A special election is hereby called for the Annexation No. 20 within the District on the Proposition set forth in Section 10 above.
Section 12. The Council hereby directs that the election be conducted by the City Clerk of the City of Merced, as the elections official.
Section 13. The City Clerk shall mail or hand deliver the ballot to the landowner immediately upon the adoption of this Resolution.
Section 14. The time for notice having been waived by the qualified electors, the date of the special election for the District on the proposition shall be on the 2 nd day of May, 2022. The voter ballot shall be returned to the City Clerk at 678 West 18th Street, Merced, California 95340, no later than 11:00 o’clock p.m. on May 2, 2022. The election may be closed with the concurrence of the City Clerk, as soon as all of the ballots are returned.
Section 15. The Council finds and determines that there were no registered voters residing within the territory of proposed Annexation No. 20 at the time of the protest hearing and ninety (90) days prior thereto. The requirements of Section 53326 of the Government Code havin g been waived by all of the landowners, the ballot for the special election shall be personally delivered to the landowners within the Annexation No. 20. Each landowner shall have one (1) vote for each acre or
56667177.1 6
STATE OF CALIFORNIA )
)ss.
COUNTY OF MERCED )
I, __________________, Deputy City Clerk of the City of Merced, do hereby certify that the foregoing Resolution was duly adopted by the City Council of said City, acting a s the legislative body of Community Facilities District No. 2003 -2 (Services) of the City of Merced, at a regular or adjourned regular meeting thereof held on the ___ day of __________ , 2022, and that it was so adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Deputy City Clerk of the City of Merced
56667177.1
EXHIBIT A
AMENDED RATE AND METHOD OF APPORTIONMENT
OF SPECIAL TAX
EXHIBIT A
CITY OF MERCED
COMMUNITY FACILITIES DISTRICT NO. 2003-2
(SERVICES)
AMENDED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX (as of April 18, 2022)
A Special Tax applicable to each Assessor Parcel in the City of Merced Community Facilities District No. 2003-2 (Services) shall be levied and collected according to the tax liability determined by the City of Merced or its designee, through the application of this Amended Rate and Method of Apportionment of Special Tax. All of the property in the CFD, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to the CFD unless otherwise provided for the annexed property.
SECTION A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre” or “Acreage” means the land area of an Assessor Parcel as shown on an Assessor Parcel map, or if the land area is not shown on an Assessor Parcel map, the land area shown on the applicable final map or other parcel map recorded with the County.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, (commencing with Section 53311), Division 2 of Title 5 of the California Government Code.
“Administrative Expenses” means any or all of the following: the expenses of the CFD or the City in carrying out its duties for the CFD, including, but not limited to, the levy and collection of the Special Tax, the fees and expenses of its counsel, costs related to annexing property into the CFD, and all other costs and expenses of the CFD or the City in any way related to the establishment or administration of the CFD.
“Administrator” means the person or firm designated by the CFD or the City to administer the Special Tax according to the Rate and Method.
“Annexation #1” means the date the owners of Assessor Parcels in Improvement Area #3 and Improvement Areas #9 through #15 elected to annex into the CFD.
“Annexation #2” means the date the owners of Assessor Parcels in Improvement Area #7 elected to annex into the CFD.
“Annexation #3” means the date the owners of Assessor Parcels in Improvement Areas #16 through #22 elected to annex into the CFD.
City of Merced CFD No. 2003-2 Page 1 January 20, 2022
City of Merced CFD No. 2003-2 Page 2 January 20, 2022
“Annexation #4” means the date the owners of Assessor Parcels in Improvement Areas #23 through #25 and Improvement Area #27 elected to annex into the CFD.
“Annexation #5” means the date the owners of Assessor Parcels in Improvement Area #26 elected to annex into the CFD.
“Annexation #6” means the date the owners of Assessor Parcels in Improvement Area #28 elected to annex into the CFD.
“Annexation #7” means the date the owners of Assessor Parcels in Improvement Areas #29 through #31 elected to annex into the CFD.
“Annexation #8” means the date the owners of Assessor Parcels in Improvement Area #32 elected to annex into the CFD.
“Annexation #9” means the date the owners of Assessor Parcels in Improvement Area #33 elected to annex into the CFD.
“Annexation #10” means the date the owners of Assessor Parcels in Improvement Area #34 elected to annex into the CFD.
“Annexation #11” means the date the owners of Assessor Parcels in Improvement Area #35 elected to annex into the CFD.
“Annexation #12” means the date the owners of Assessor Parcels in Improvement Area #36 elected to annex into the CFD.
“Annexation #13” means the date the owners of Assessor Parcels in Improvement Area #38 elected to annex into the CFD.
“Annexation #14” means the date the owners of Assessor Parcels in Improvement Area #40 elected to annex into the CFD.
“Annexation #15” means the date the owners of Assessor Parcels in Improvement Area #39 elected to annex into the CFD.
“Annexation #16” means the date the owners of Assessor Parcels in Phase 2 of Moraga of Merced within Improvement Area #22 elected to annex into the CFD.
“Annexation #17” means the date the owners of Assessor Parcels in Improvement Area #45 elected to annex into the CFD.
“Annexation #18” means the date the owners of Assessor Parcels in Improvement Area #42 elect to annex into the CFD.
“Annexation #19” means the date the owners of Assessor Parcels in Improvement Area #43 elected to annex into the CFD.
City of Merced CFD No. 2003-2 Page 3 January 20, 2022
“Annexation #20” means the date the ow ners of Assessor Parcels in Improvement Area #46 elected to annex into the CFD.
“Assessor Parcel” means a lot or parcel with an assigned County Assessor’s Parcel number shown on a County Assessor’s Parcel map.
“Average Increase” means the annual average increase in the Indices that shall be applied to escalate the Maximum Special Tax each Fiscal Year. The Average Increase shall be calculated in January of each year by (1) referencing the Bureau of Labor Statistics Data to identify the annual percentage increase in each Index as of the end of the prior year, and (2) taking the average of these two percentages. If either Index decreases from one year to the next, the percentage change from the prior year shall be assumed to be zero for purposes of calculating the Average Increase.
“CFD” means the City of Merced Community Facilities District No. 2003-2.
“CFD Formation” means the date the owners of Assessor Parcels in Improvement Areas #1 through #6 elected to form the CFD.
“City” means the City of Merced.
“City Council” means the council of the City of Merced, acting as the legislative body of the CFD.
“County” means the County of Merced.
“Developed Property” means all Taxable Property in the CFD for which a building permit for new construction was issued by the City prior to May 1 of the preceding Fiscal Year.
“Fiscal Year” means the period starting July 1 and ending on the following June 30.
“Improvement Area” means one of the forty-six (46) mutually exclusive geographic areas defined below and ide ntified in Attachment 1 of this Rate and Method, and any subsequent Improvement Areas created to contain property annexed into the CFD after CFD Formation.
“Improvement Area #1” means the geographic area that, at CFD Formation and Annexation #2, was generally known as the Bellevue Ranch East (Phases 1 and 2) project and is specifically identified in Attachment 1 hereto as Improvement Area #1.
“Improvement Area #2” means the geographic area that, at CFD Formation, was generally known as the Compass Pointe project and is specifically identified in Attachment 1 hereto as Improvement Area #2.
“Improvement Area #3” means the geographic area that, at CFD Formation, Annexation #1, and Annexation #3 , was generally known as the Sandcastle project and is specifically identified in Attachment 1 hereto as Improvement Area #3.
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“Improvement Area #4” means the geographic area that, at CFD Formation and Annexation #2, was generally known as the Bright Development project and is specifically identified in Attachment 1 hereto as Improvement Area #4.
“Improvement Area #5” means the geographic area that, at CFD Formation and Annexation #2, was generally known as the Renaissance project and is specifically identified in Attachment 1 hereto as Improvement Area #5.
“Improvement Area #6” means the geographic area that, at CFD Formation, was generally known as the Big Valley project and is specifically identified in Attachment 1 hereto as Improvement Area #6.
“Improvement Area #7” means the geographic area that, at Annexation #2, was generally known as the Bellevue Ranch West project and is specifically identi fied in Attachment 1 hereto as Improvement Area #7.
“Improvement Area #8” is intentionally excluded.
“Improvement Area #9” means the geographic area that, at Annexation #1, was generally known as the University Park Residential project and is specificall y identified in Attachment 1 hereto as Improvement Area #9.
“Improvement Area #10” means the geographic area that, at Annexation #1, was generally known as the Tuscany project and is specifically identified in Attachment 1 hereto as Improvement Area #10.
“Improvement Area #11” means the geographic area that, at Annexation #1, was generally known as the Provance project and is specifically identified in Attachment 1 hereto as Improvement Area #11.
“Improvement Area #12” means the geographic area that, at Annexation #1, was generally known as the Promenade project and is specifically identified in Attachment 1 hereto as Improvement Area #12.
“Improvement Area #13” means the geographic area that, at Annexation #1, was generally known as the Alfarata Ranch Unit 2 project and is specifically identified in Attachment 1 hereto as Improvement Area #13.
“Improvement Area #14” means the geographic area that, at Annexation #1 and Annexation #2, was generally known as the Franco project and is specifically identifie d in Attachment 1 hereto as Improvement Area #14.
“Improvement Area #15” means the geographic area that, at Annexation #1, was generally known as the Cottages project and is specifically identified in Attachment 1 hereto as Improvement Area #15.
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“Improvement Area #16” means the geographic area that, at Annexation #3, was generally known as the Tuscany East project and is specifically identified in Attachment 1 hereto as Improvement Area #16.
“Improvement Area #17” means the geographic area that, at Annex ation #3, was generally known as the Hartley Crossings project and is specifically identified in Attachment 1 hereto as Improvement Area #17.
“Improvement Area #18” means the geographic area that, at Annexat ion #3, was generally known as T he Crossing at River Oaks project and is specifically identified in Attachment 1 hereto as Improvement Area #18.
“Improvement Area #19” means the geographic area that, at Annexation #3, was generally known as the Mohamed Apartments project and is specifically identified in Attachment 1 hereto as Improvement Area #19.
“Improvement Area #20” means the geographic area that, at Annexation #3, was generally known as the Sunnyview Apartments project and is specifically identified in Attachment 1 hereto as Improvement Area #20.
“Improvement Area #21” means the geographic area that, at Annexation #3, was generally known as the University Park II project and is specifically identified in Attachment 1 hereto as Improvement Area #21.
“Improvement Area #22” means the geographic area that, at Annexation #3, was generally known as the Moraga of Merced Lakemont Homes project and at Annexation #16, was generally known as Phase 2 of Moraga of Merced, and is specifically identified in Attachment 1 hereto as Improvement Area #22.
“Improvement Area #23” means the geographic area that, at Annexation #4, was generally known as the Mission Ranch project and is specifically identified in Attachment 1 hereto as Improvement Area #23.
“Improvement Area #2 4” means the geographic area that, at Annexation #4, was generally known as the Cypress Terrace (Phases 6 and 7) project and is specifically identified in Attachment 1 hereto as Improvement Area #24.
“Improvement Area #2 5” means the geographic area that, at Annexation #4, was generally known as the Cypress Terrace East project and is specifically identified in Attachment 1 hereto as Improvement Area #25.
“Improvement Area #2 6” means the geogra phic area that, at Annexation #5 , was generally known as The Meadows project and is specifically identified in Attachment 1 hereto as Improvement Area #26.
“Improvement Area #2 7” means the geographic area that, at Annexation #4, was generally known as the Lantana Estates South project and is specifically identified in Attachment 1 hereto as Improvement Area #27.
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“Improvement Area #28” means the geographic area that, at Annexation #6, was generally known as The Meadows #2 project and is specifically identified in Attachment 1 hereto as Improvement Area #28.
“Improvement Area #29” means the geographic area that, at Annexation #7, was generally known as the Paseo project and is specifically identified in Attachment 1 hereto as Improvement Area #29.
“Improvement Area #30” means the geographic area that, at Annexation #7, was generally known as the Highland Park project and is specifically identified in Attachment 1 hereto as Improvement Area #30.
“Improvement Area #31” means the geographic area that, at Annexation #7, was generally known as the Mercy Hospital project and is specifically identified in Attachment 1 hereto as Improvement Area #31.
“Improvement Area #32” means the geographic area that, at Annexation #8, was generally known as the Fahrens Park Plaza project and is specifically identified in Attachment 1 hereto as Improvement Area #32.
“Improvement Area #33 ” means the geographic area that, at Annexation #9, was generally known as the Mansionette Estates No. 5 project and is specifically identified in Attachment 1 hereto as Improvement Area #33.
“Improvement Area #3 4” means the geographic area that, at Annexa tion #10, was generally known as the Northview Professional Center project and is specifically identified in Attachment 1 hereto as Improvement Area #34.
“Improvement Area #3 5” means the geographic area that, at Annexation #11, was generally known as the Compass Pointe Apartments project and is specifically identified in Attachment 1 hereto as Improvement Area #35.
“Improvement Area #36 ” means the geographic area that, at Annexation #12, was generally known as the Merced Station project and is specificall y identified in Attachment 1 hereto as Improvement Area #36.
“Improvement Area #37” is reserved for future use.
“Improvement Area #3 8” means the geographic area that, at Annexation #13, was generally known as the PG&E Merced Regional Service Center proje ct and is specifically identified in Attachment 1 hereto as Improvement Area #38.
“Improvement Area #39 ” means the geographic area that, at Annexation #15, was generally known as the Merced Gateway Park project and is specifically identified in Attachment 1 hereto as Improvement Area #39.
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“Improvement Area #40” means the geographic area that, at Annexation #14, was generally known as the Stone Ridge South project and is specifically identified in Attachment 1 hereto as Improvement Area #40.
“Improvement Area #41” is reserved for future use.
“Improvement Area #42 ” means the geographic area that, at Annexation #18, was generally known as the Compass Pointe Apartments Phase 2 project and is specifically identified in Attachment 1 hereto as Improvement Area #42.
“Improvement Area #43 ” means the geographic area that, at Annexation #19, was generally known as the Highway 59 & Santa Fe Drive AM/PM project and is specifically identified in Attachment 1 hereto as Improvement Area #43.
“Improvement Area #44 ” means the geographic area that, at Annexation #14, was generally known as the Stone Ridge South Apartments project and is specifically identified in Attachment 1 hereto as a future annexation area of the CFD.
“Improvement Area #45 ” means the geographic area that, at Annexation #17, was generally known as the Yosemite Crossing project and is specifically identified in Attachment 1 hereto as Improvement Area #45.
“Improvement Area #46 ” means the geographic area that, at Annexation #20 , was generally known as the Sage Creek project and is specifically identified in Attachment 1 hereto as Improvement Area #46.
“Index or Indices” means the Consumer Price Index (CPI) for the San Francisco All Urban Wage Earners Category and the National CPI.
“Industrial Property” means any Developed Property for which a building permit was issued for construction of a building that will be used primarily for warehousing, distribution, manufacturing, processing, or related activities, as determined by the Administrator using reasonable and established City zoning and other land use standards.
“Lower Income Household Welfare Exemption Property” means, for each Fiscal Year, the portion of an Assessor Parcel within the boundaries of the CFD that has received a welfare exemption under subdivision (g) of Section 214 of the California Revenue and Taxation Code (or any successor statute), as indicated in the most recent County assessor’s roll finalized in such Fiscal Year.
“Maximum Special Tax” means the greatest amount of Special Tax that can be levied in any Fiscal Year determined under this Rate and Method.
“Multi-Family Residential Property” means all Assessor Parcels of Developed Property for which a building permit was issued for construc tion of a residential structure with multiple Units, all of which are offered for rent to the general public and are not available for sale to individual owners.
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“Office Property” means any Developed Property for which a building permit was issued for construction of a building that will be divided primarily into individual offices (including cubicles or other modular office space) for use by companies to conduct business, as determined by the Administrator using reasonable and established City zoning and other land use standards.
“Other Property” means any Developed Property that is not Single Family Residential Property, Multi -Family Residential Property, Retail Property, Office P roperty, or Industrial Property. Developed Property within Improvement Are a #31 shall be categorized as Other Property.
“Proportionately” means, for Developed Property, that the ratio of the actual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor Parcels of Developed Property.
“Public Property” means any CFD Assessor Parcels owned by or irrevocably offered for dedication to the United States of America, the State of California, the County, the City, or other local governments or public agencies.
“Rate and Method” means this Amended Rate and Method of Apportionment of Special Tax.
“Retail Property” means any Developed Property for which a building permit was issued for construction of a building that will include primarily commercial establishments which sell general merchandise, hard goods, personal services, and other items directly to consumers, including but not limited to travel agencies, hardware stores, food stores, automotive dealers, service stations, home furnishing stores, restaurants, bars, banks, repair shops, movie theaters, day care centers, and art galleries, as determined by the Admi nistrator using reasonable and established City zoning and other land use standards.
“Services” means the services authorized to be financed, in whole or in part, by the Special Taxes in the CFD.
“Single Family Residential Property” means any Developed P roperty for which a building permit was issued for construction of: (i) a Unit that does not share a common wall with another Unit; or (ii) two or more Units that share common walls and are initially offered for sale to individual owners, including condominiums as defined under California Civil Code 1351.
“Special Tax” means any tax levied in the CFD pursuant to the Rate and Method.
“Special Tax Requirement” means the amount necessary in any Fiscal Year to: (i) pay the cost of the Services; (ii) create a sinking fund for Services that could not otherwise be funded in a given Fiscal Year; (iii) cure any delinquencies in the payment of Special Taxes which have occurred in the prior Fiscal Year or, based on existing delinquencies in the payment of Special Taxes, are expected to occur in the Fiscal Year in which the tax will be collected; and (iv) pay Administrative Expenses.
“Square Foot,” “Square Footage,” or “Square Feet” means the floor area square footage reflected on the original construction building permit issued for construction of a Unit or a
City of Merced CFD No. 2003-2 Page 9 January 20, 2022
building of Retail Property, Office Property, Industrial Property, or Other Property and any Square Footage subsequently added to a Unit or a building of such Taxable Property after issuance of a building permit for expansion or renovation of such Unit or building.
“Taxable Property” means any Assessor Parcel within the CFD which is not exempt from the Special Tax by applicable law or Section F below.
“Unit” means a structure constructed primarily for human ha bitation, which may be an individual detached residential unit, an individual attached residential unit within a duplex, triplex, fourplex, townhome, or condominium structure, or an individual apartment unit.
SECTION B. DATA FOR ANNUAL ADMINISTRATION
On or about July 1 of each Fiscal Year, the Administrator shall identify the current Assessor Parcel numbers of all Taxable Property. The Administrator shall also determine: (i) within which Improvement Area each Assessor Parcel is located; (ii) wheth er each Assessor Parcel is Developed Property; (iii) for Developed Property, which Assessor Parcels are Single Family Residential Property, Multi-Family Residential Property, Retail Property, Office Property, Industrial Property, and Other Property; (iv) a lso for Developed Property, the Unit or building Square Footage; and (v) the Special Tax Requirement.
SECTION C. MAXIMUM SPECIAL TAX
The following tables identify the Maximum Special Taxes for Taxable Property within each Improvement Area of the CFD. The Maximum Special Taxes are all subject to annual escalation as specified in Section C.47 below.
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1. Special Tax Rates, Improvement Area #1 – Bellevue Ranch East (Phases 1 & 2)
Table 1 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #1 of the CFD.
TABLE 1
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #1 – BELLEVUE RANCH EAST (PHASES 1 & 2)
Type of Property
Maximum Special Tax
Fiscal Year 2003-041
Single Family
Residential Property
$548
per Unit
Multi-Family
Residential Property
$476
per Unit
Retail
Property
$64 per 1,000 Square
Feet of Building
Office
Property
$59 per 1,000 Square
Feet of Building
Industrial
Property
$40 per 1,000 Square
Feet of Building
Other
Property
$64 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below.
2. Special Tax Rates, Improvement Area #2 – Compass Pointe
Table 2 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #2 of the CFD.
TABLE 2
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #2 – COMPASS POINTE
Type of Property
Maximum Special Tax
Fiscal Year 2003-041
Single Family
Residential Property
$644
per Unit
Multi-Family
Residential Property
$539
per Unit
Retail
Property
$110 per 1,000 Square
Feet of Building
Office
Property
$103 per 1,000 Square
Feet of Building
Industrial
Property
$68 per 1,000 Square
Feet of Building
Other
Property
$110 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below.
City of Merced CFD No. 2003-2 Page 11 January 20, 2022
3. Special Tax Rates, Improvement Area #3 - Sandcastle
Table 3 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #3 of the CFD.
TABLE 3
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #3 - SANDCASTLE
Type of Property
Maximum Special Tax
Fiscal Year 2003-041
Single Family
Residential Property
$593
per Unit
Multi-Family
Residential Property
$512
per Unit
Retail
Property
$80 per 1,000 Square
Feet of Building
Office
Property
$76 per 1,000 Square
Feet of Building
Industrial
Property
$48 per 1,000 Square
Feet of Building
Other
Property
$80 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below.
4. Special Tax Rates, Improvement Area #4 – Bright Development
Table 4 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #4 of the CFD.
TABLE 4
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #4 – BRIGHT DEVELOPMENT
Type of Property
Maximum Special Tax
Fiscal Year 2003-041
Single Family
Residential Property
$609
per Unit
Multi-Family
Residential Property
$520
per Unit
Retail
Property
$89 per 1,000 Square
Feet of Building
Office
Property
$84 per 1,000 Square
Feet of Building
Industrial
Property
$54 per 1,000 Square
Feet of Building
Other
Property
$89 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below.
City of Merced CFD No. 2003-2 Page 12 January 20, 2022
5. Special Tax Rates, Improvement Area #5 - Renaissance
Table 5 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #5 of the CFD.
TABLE 5
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #5 - RENAISSANCE
Type of Property
Maximum Special Tax
Fiscal Year 2003-041
Single Family
Residential Property
$489
per Unit
Multi-Family
Residential Property
$429
per Unit
Retail
Property
$43 per 1,000 Square
Feet of Building
Office
Property
$37 per 1,000 Square
Feet of Building
Industrial
Property
$29 per 1,000 Square
Feet of Building
Other
Property
$43 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below.
6. Special Tax Rates, Improvement Area #6 – Big Valley
Table 6 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #6 of the CFD.
TABLE 6
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #6 – BIG VALLEY
Type of Property
Maximum Special Tax
Fiscal Year 2003-041
Single Family
Residential Property
$524
per Unit
Multi-Family
Residential Property
$474
per Unit
Retail
Property
$40 per 1,000 Square
Feet of Building
Office
Property
$40 per 1,000 Square
Feet of Building
Industrial
Property
$22 per 1,000 Square
Feet of Building
Other
Property
$40 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below.
City of Merced CFD No. 2003-2 Page 13 January 20, 2022
7. Special Tax Rates, Improvement Area #7 – Bellevue Ranch West
Table 7 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #7 of the CFD.
TABLE 7
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #7 – BELLEVUE RANCH WEST
Type of Property
Maximum Special Tax
Fiscal Year 2003-041
Single Family
Residential Property
$701
per Unit
Multi-Family
Residential Property
$600
per Unit
Retail
Property
$116 per 1,000 Square
Feet of Building
Office
Property
$115 per 1,000 Square
Feet of Building
Industrial
Property
$67 per 1,000 Square
Feet of Building
Other
Property
$116 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below.
8. Special Tax Rates, Improvement Area #8 – Intentionally Excluded
City of Merced CFD No. 2003-2 Page 14 January 20, 2022
9. Special Tax Rates, Improvement Area #9 – University Park Residential
Table 9 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #9 of the CFD.
TABLE 9
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #9 – UNIVERSITY PARK RESIDENTIAL
Type of Property
Maximum Special Tax
Fiscal Year 2003-041
Single Family
Residential Property
$643
per Unit
Multi-Family
Residential Property
$544
per Unit
Retail
Property
$105 per 1,000 Square
Feet of Building
Office
Property
$99 per 1,000 Square
Feet of Building
Industrial
Property
$64 per 1,000 Square
Feet of Building
Other
Property
$105 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below.
10. Special Tax Rates, Improvement Area #10 – Tuscany
Table 10 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #10 of the CFD.
TABLE 10
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #10 – TUSCANY
Type of Property
Maximum Special Tax
Fiscal Year 2003-041
Single Family
Residential Property
$480
per Unit
Multi-Family
Residential Property
$427
per Unit
Retail
Property
$35 per 1,000 Square
Feet of Building
Office
Property
$31 per 1,000 Square
Feet of Building
Industrial
Property
$23 per 1,000 Square
Feet of Building
Other
Property
$35 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below.
City of Merced CFD No. 2003-2 Page 15 January 20, 2022
11. Special Tax Rates, Improvement Area #11 - Provance
Table 11 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #11 of the CFD.
TABLE 11
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #11 - PROVANCE
Type of Property
Maximum Special Tax
Fiscal Year 2003-041
Single Family
Residential Property
$638
per Unit
Multi-Family
Residential Property
$542
per Unit
Retail
Property
$101 per 1,000 Square
Feet of Building
Office
Property
$96 per 1,000 Square
Feet of Building
Industrial
Property
$61 per 1,000 Square
Feet of Building
Other
Property
$101 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below.
12. Special Tax Rates, Improvement Area #12 – Promenade
Table 12 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #12 of the CFD.
TABLE 12
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #12 – PROMENADE
Type of Property
Maximum Special Tax
Fiscal Year 2003-041
Single Family
Residential Property
$438
per Unit
Multi-Family
Residential Property
$401
per Unit
Retail
Property
$14 per 1,000 Square
Feet of Building
Office
Property
$12 per 1,000 Square
Feet of Building
Industrial
Property
$10 per 1,000 Square
Feet of Building
Other
Property
$14 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below.
City of Merced CFD No. 2003-2 Page 16 January 20, 2022
13. Special Tax Rates, Improvement Area #13 – Alfarata Ranch Unit 2
Table 13 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #13 of the CFD.
TABLE 13
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #13 – ALFARATA RANCH UNIT 2
Type of Property
Maximum Special Tax
Fiscal Year 2003-041
Single Family
Residential Property
$593
per Unit
Multi-Family
Residential Property
$471
per Unit
Retail
Property
$116 per 1,000 Square
Feet of Building
Office
Property
$100 per 1,000 Square
Feet of Building
Industrial
Property
$80 per 1,000 Square
Feet of Building
Other
Property
$116 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below.
14. Special Tax Rates, Improvement Area #14 – Franco
Table 14 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #14 of the CFD.
TABLE 14
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #14 – FRANCO
Type of Property
Maximum Special Tax
Fiscal Year 2003-041
Single Family
Residential Property
$504
per Unit
Multi-Family
Residential Property
$430
per Unit
Retail
Property
$57 per 1,000 Square
Feet of Building
Office
Property
$49 per 1,000 Square
Feet of Building
Industrial
Property
$40 per 1,000 Square
Feet of Building
Other
Property
$57 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below.
City of Merced CFD No. 2003-2 Page 17 January 20, 2022
15. Special Tax Rates, Improvement Area #15 – Cottages
Table 15 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #15 of the CFD.
TABLE 15
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #15 – COTTAGES
Type of Property
Maximum Special Tax
Fiscal Year 2003-041
Single Family
Residential Property
$631
per Unit
Multi-Family
Residential Property
$548
per Unit
Retail
Property
$87 per 1,000 Square
Feet of Building
Office
Property
$86 per 1,000 Square
Feet of Building
Industrial
Property
$50 per 1,000 Square
Feet of Building
Other
Property
$87 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below.
16. Special Tax Rates, Improvement Area #16 – Tuscany East
Table 16 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #16 of the CFD.
TABLE 16
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #16 – TUSCANY EAST
Type of Property
Maximum Special Tax
Fiscal Year 2005-061
Single Family
Residential Property
$572
per Unit
Multi-Family
Residential Property
$486
per Unit
Retail
Property
$77 per 1,000 Square
Feet of Building
Office
Property
$70 per 1,000 Square
Feet of Building
Industrial
Property
$50 per 1,000 Square
Feet of Building
Other
Property
$77 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below.
City of Merced CFD No. 2003-2 Page 18 January 20, 2022
17. Special Tax Rates, Improvement Area #17 – Hartley Crossings
Table 17 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #17 of the CFD.
TABLE 17
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #17 – HARTLEY CROSSINGS
Type of Property
Maximum Special Tax
Fiscal Year 2005-061
Single Family
Residential Property
$528
per Unit
Multi-Family
Residential Property
$438
per Unit
Retail
Property
$73 per 1,000 Square
Feet of Building
Office
Property
$61 per 1,000 Square
Feet of Building
Industrial
Property
$52 per 1,000 Square
Feet of Building
Other
Property
$73 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below.
18. Special Tax Rates, Improvement Area #18 – The Crossing at River Oaks
Table 18 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #18 of the CFD.
TABLE 18
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #18 – THE CROSSING AT RIVER OAKS
Type of Property
Maximum Special Tax
Fiscal Year 2005-061
Single Family
Residential Property
$639
per Unit
Multi-Family
Residential Property
$529
per Unit
Retail
Property
$110 per 1,000 Square
Feet of Building
Office
Property
$100 per 1,000 Square
Feet of Building
Industrial
Property
$71 per 1,000 Square
Feet of Building
Other
Property
$110 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below.
City of Merced CFD No. 2003-2 Page 19 January 20, 2022
19. Special Tax Rates, Improvement Area #19 – Mohamed Apartments
Table 19 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #19 of the CFD.
TABLE 19
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #19 – MOHAMED APARTMENTS
Type of Property
Maximum Special Tax
Fiscal Year 2005-061
Single Family
Residential Property
$433
per Unit
Multi-Family
Residential Property
$408
per Unit
Retail
Property Not Applicable
Office
Property Not Applicable
Industrial
Property Not Applicable
Other
Property Not Applicable
1 Subject to annual escalation as described in Section C.47 below.
20. Special Tax Rates, Improvement Area #20 – Sunnyview Apartments
Table 20 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #20 of the CFD.
TABLE 20
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #20 – SUNNYVIEW APARTMENTS
Type of Property
Maximum Special Tax
Fiscal Year 2005-061
Single Family
Residential Property
$433
per Unit
Multi-Family
Residential Property
$408
per Unit
Retail
Property Not Applicable
Office
Property Not Applicable
Industrial
Property Not Applicable
Other
Property Not Applicable
1 Subject to annual escalation as described in Section C.47 below.
City of Merced CFD No. 2003-2 Page 20 January 20, 2022
21. Special Tax Rates, Improvement Area #21 – University Park II
Table 21 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #21 of the CFD.
TABLE 21
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #21 – UNIVERSITY PARK II
Type of Property
Maximum Special Tax
Fiscal Year 2005-061
Single Family
Residential Property
$691
per Unit
Multi-Family
Residential Property
$548
per Unit
Retail
Property
$149 per 1,000 Square
Feet of Building
Office
Property
$133 per 1,000 Square
Feet of Building
Industrial
Property
$98 per 1,000 Square
Feet of Building
Other
Property
$149 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below.
22. Special Tax Rates, Improvement Area #22 – Moraga of Merced
Table 22 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #22 of the CFD.
TABLE 22
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #22 – MORAGA OF MERCED
Type of Property
Maximum Special Tax
Fiscal Year 2005-061
Single Family
Residential Property
$752
per Unit
Multi-Family
Residential Property
$623
per Unit
Retail
Property
$147 per 1,000 Square
Feet of Building
Office
Property
$140 per 1,000 Square
Feet of Building
Industrial
Property
$89 per 1,000 Square
Feet of Building
Other
Property
$147 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below.
City of Merced CFD No. 2003-2 Page 21 January 20, 2022
23. Special Tax Rates, Improvement Area #23 – Mission Ranch
Table 23 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #23 of the CFD.
TABLE 23
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #23 – MISSION RANCH
Type of Property
Maximum Special Tax
Fiscal Year 2005-061
Single Family
Residential Property
$774
per Unit
Multi-Family
Residential Property
$595
per Unit
Retail
Property
$194 per 1,000 Square
Feet of Building
Office
Property
$174 per 1,000 Square
Feet of Building
Industrial
Property
$128 per 1,000 Square
Feet of Building
Other
Property
$194 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below.
24. Special Tax Rates, Improvement Area #24 – Cypress Terrace (Phases 6 and 7)
Table 24 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #24 of the CFD.
TABLE 24
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #24 – CYPRESS TERRACE (PHASES 6 AND 7)
Type of Property
Maximum Special Tax
Fiscal Year 2005-061
Single Family
Residential Property
$728
per Unit
Multi-Family
Residential Property
$606
per Unit
Retail
Property
$137 per 1,000 Square
Feet of Building
Office
Property
$130 per 1,000 Square
Feet of Building
Industrial
Property
$83 per 1,000 Square
Feet of Building
Other
Property
$137 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below.
City of Merced CFD No. 2003-2 Page 22 January 20, 2022
25. Special Tax Rates, Improvement Area #25 – Cypress Terrace East
Table 25 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #25 of the CFD.
TABLE 25
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #25 – CYPRESS TERRACE EAST
Type of Property
Maximum Special Tax
Fiscal Year 2005-061
Single Family
Residential Property
$914
per Unit
Multi-Family
Residential Property
$737
per Unit
Retail
Property
$218 per 1,000 Square
Feet of Building
Office
Property
$209 per 1,000 Square
Feet of Building
Industrial
Property
$131 per 1,000 Square
Feet of Building
Other
Property
$218 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below.
26. Special Tax Rates, Improvement Area #26 – The Meadows
Table 26 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #26 of the CFD.
TABLE 26
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #26 – THE MEADOWS
Type of Property
Maximum Special Tax
Fiscal Year 2005-061
Single Family
Residential Property
$947
per Unit
Multi-Family
Residential Property
$743
per Unit
Retail
Property
$225 per 1,000 Square
Feet of Building
Office
Property
$215 per 1,000 Square
Feet of Building
Industrial
Property
$135 per 1,000 Square
Feet of Building
Other
Property
$225 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below.
City of Merced CFD No. 2003-2 Page 23 January 20, 2022
27. Special Tax Rates, Improvement Area #27 – Lantana Estates South
Table 27 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #27 of the CFD.
TABLE 27
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #27 – LANTANA ESTATES SOUTH
Type of Property
Maximum Special Tax
Fiscal Year 2005-061
Single Family
Residential Property
$834
per Unit
Multi-Family
Residential Property
$700
per Unit
Retail
Property
$166 per 1,000 Square
Feet of Building
Office
Property
$164 per 1,000 Square
Feet of Building
Industrial
Property
$95 per 1,000 Square
Feet of Building
Other
Property
$166 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below.
28. Special Tax Rates, Improvement Area #28 – The Meadows #2
Table 28 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #28 of the CFD.
TABLE 28
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #28 – THE MEADOWS #2
Type of Property
Maximum Special Tax
Fiscal Year 2005-061
Single Family
Residential Property
$947
per Unit
Multi-Family
Residential Property
$743
per Unit
Retail
Property
$225 per 1,000 Square
Feet of Building
Office
Property
$215 per 1,000 Square
Feet of Building
Industrial
Property
$135 per 1,000 Square
Feet of Building
Other
Property
$225 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below.
City of Merced CFD No. 2003-2 Page 24 January 20, 2022
29. Special Tax Rates, Improvement Area #29 – Paseo
Table 29 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #29 of the CFD.
TABLE 29
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #29 – PASEO
Type of Property
Maximum Special Tax
Fiscal Year 2005-061
Single Family
Residential Property
$1,008
per Unit
Multi-Family
Residential Property
$762
per Unit
Retail
Property
$294 per 1,000 Square
Feet of Building
Office
Property
$271 per 1,000 Square
Feet of Building
Industrial
Property
$186 per 1,000 Square
Feet of Building
Other
Property
$294 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below.
30. Special Tax Rates, Improvement Area #30 – Highland Park
Table 30 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #30 of the CFD.
TABLE 30
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #30 – HIGHLAND PARK
Type of Property
Maximum Special Tax
Fiscal Year 2005-061
Single Family
Residential Property
$650
per Unit
Multi-Family
Residential Property
$557
per Unit
Retail
Property
$97 per 1,000 Square
Feet of Building
Office
Property
$93 per 1,000 Square
Feet of Building
Industrial
Property
$58 per 1,000 Square
Feet of Building
Other
Property
$97 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below.
City of Merced CFD No. 2003-2 Page 25 January 20, 2022
31. Special Tax Rates, Improvement Area #31 – Mercy Hospital
Table 31 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #31 of the CFD.
TABLE 31
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #31 – MERCY HOSPITAL
Type of Property
Maximum Special Tax
Fiscal Year 2005-061
Single Family
Residential Property
$172
per Unit
Multi-Family
Residential Property
$139
per Unit
Retail
Property
$59 per 1,000 Square
Feet of Building
Office
Property
$62 per 1,000 Square
Feet of Building
Industrial
Property
$30 per 1,000 Square
Feet of Building
Other
Property
$59 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below.
32. Special Tax Rates, Improvement Area #32 – Fahrens Park Plaza
Table 32 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #32 of the CFD.
TABLE 32
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #32 – FAHRENS PARK PLAZA
Type of Property
Maximum Special Tax
Fiscal Year 2005-061
Single Family
Residential Property
$988
per Unit
Multi-Family
Residential Property
$889
per Unit
Retail
Property
$161 per 1,000 Square
Feet of Building
Office
Property
$181 per 1,000 Square
Feet of Building
Industrial
Property
$71 per 1,000 Square
Feet of Building
Other
Property
$181 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below.
City of Merced CFD No. 2003-2 Page 26 January 20, 2022
33. Special Tax Rates, Improvement Area #33 – Mansionette Estates No. 5
Table 33 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #33 of the CFD.
TABLE 33
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #33 – MANSIONETTE ESTATES NO. 5
Type of Property
Maximum Special Tax
Fiscal Year 2005-061
Single Family
Residential Property
$1,130
per Unit
Multi-Family
Residential Property
$957
per Unit
Retail
Property
$252 per 1,000 Square
Feet of Building
Office
Property
$260 per 1,000 Square
Feet of Building
Industrial
Property
$133 per 1,000 Square
Feet of Building
Other
Property
$260 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below.
34. Special Tax Rates, Improvement Area #34 – Northview Professional Center
Table 34 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #34 of the CFD.
TABLE 34
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #34 – NORTHVIEW PROFESSIONAL CENTER
Type of Property
Maximum Special Tax
Fiscal Year 2005-061
Single Family
Residential Property
$850
per Unit
Multi-Family
Residential Property
$742
per Unit
Retail
Property
$146 per 1,000 Square
Feet of Building
Office
Property
$152 per 1,000 Square
Feet of Building
Industrial
Property
$75 per 1,000 Square
Feet of Building
Other
Property
$152 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below.
City of Merced CFD No. 2003-2 Page 27 January 20, 2022
35. Special Tax Rates, Improvement Area #35 – Compass Pointe Apartments
Table 35 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #35 of the CFD.
TABLE 35
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #35 – COMPASS POINTE APARTMENTS
Type of Property
Maximum Special Tax
Fiscal Year 2005-061
Single Family
Residential Property
$543
per Unit
Multi-Family
Residential Property
$479
per Unit
Retail
Property
$53 per 1,000 Square
Feet of Building
Office
Property
$50 per 1,000 Square
Feet of Building
Industrial
Property
$33 per 1,000 Square
Feet of Building
Other
Property
$53 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below.
36. Special Tax Rates, Improvement Area #36 – Merced Station
Table 36 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #36 of the CFD.
TABLE 36
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #36 – MERCED STATION
Type of Property
Maximum Special Tax
Fiscal Year 2005-061
Single Family
Residential Property
$580
per Unit
Multi-Family
Residential Property
$483
per Unit
Retail
Property
$89 per 1,000 Square
Feet of Building
Office
Property
$78 per 1,000 Square
Feet of Building
Industrial
Property
$59 per 1,000 Square
Feet of Building
Other
Property
$89 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below.
City of Merced CFD No. 2003-2 Page 28 January 20, 2022
37. Special Tax Rates, Improvement Area #37 – Reserved for Future Use
38. Special Tax Rates, Improvement Area #38 – PG&E Merced Regional Service Center
Table 38 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #38 of the CFD.
TABLE 38
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #38 – PG&E MERCED REGIONAL SERVICE CENTER
Type of Property
Maximum Special Tax
Fiscal Year 2005-061
Single Family
Residential Property
$4,028
per Unit
Multi-Family
Residential Property
$3,572
per Unit
Retail
Property
$1,007 per 1,000 Square
Feet of Building
Office
Property
$1,150 per 1,000 Square
Feet of Building
Industrial
Property
$431 per 1,000 Square
Feet of Building
Other
Property
$1,150 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below.
City of Merced CFD No. 2003-2 Page 29 January 20, 2022
39. Special Tax Rates, Improvement Area #39 – Merced Gateway Park
Table 39 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #39 of the CFD.
TABLE 39
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #39 – MERCED GATEWAY PARK
Type of Property
Maximum Special Tax
Fiscal Year 2005-061
Single Family
Residential Property
$813
per Unit
Multi-Family
Residential Property
$707
per Unit
Retail
Property
$138 per 1,000 Square
Feet of Building
Office
Property
$142 per 1,000 Square
Feet of Building
Industrial
Property
$73 per 1,000 Square
Feet of Building
Other
Property
$142 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below.
40. Special Tax Rates, Improvement Area #40 – Stone Ridge South
Table 40 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #40 of the CFD.
TABLE 40
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #40 – STONE RIDGE SOUTH
Type of Property
Maximum Special Tax
Fiscal Year 2005-061
Single Family
Residential Property
$824
per Unit
Multi-Family
Residential Property
$603
per Unit
Retail
Property
$241 per 1,000 Square
Feet of Building
Office
Property
$211 per 1,000 Square
Feet of Building
Industrial
Property
$162 per 1,000 Square
Feet of Building
Other
Property
$241 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below.
City of Merced CFD No. 2003-2 Page 30 January 20, 2022
41. Special Tax Rates, Improvement Area #41 – Reserved for Future Use
42. Special Tax Rates, Improvement Area #42 – Reserved for Future Use
City of Merced CFD No. 2003-2 Page 31 January 20, 2022
43. Special Tax Rates, Improvement Area #43 – Highway 59 & Santa Fe Drive AM/PM
Table 43 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #43 of the CFD.
TABLE 43
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #43 – HIGHWAY 59 & SANTA FE DRIVE AM/PM
Type of Property
Maximum Special Tax
Fiscal Year 2005-061
Single Family
Residential Property
$3,653
per Unit
Multi-Family
Residential Property
$2,837
per Unit
Retail
Property
$1,259 per 1,000 Square
Feet of Building
Office
Property
$1,265 per 1,000 Square
Feet of Building
Industrial
Property
$700 per 1,000 Square
Feet of Building
Other
Property
$1,265 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below.
44. Special Tax Rates, Improvement Area #44 – Stone Ridge South Apartments (Future Annexation Area)
The Maximum Special Taxes for Taxable Property within Improvement Area #44 will be identified at the time such property is annexed into the CFD and will be included in the unanimous approval form signed by the annexing property owner.
City of Merced CFD No. 2003-2 Page 32 January 20, 2022
45. Special Tax Rates, Improvement Area #45 – Yosemite Crossing
Table 45 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #45 of the CFD.
TABLE 45
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #45 – YOSEMITE CROSSING
Type of Property
Maximum Special Tax
Fiscal Year 2005-061
Single Family
Residential Property
$810
per Unit
Multi-Family
Residential Property
$676
per Unit
Retail
Property
$161 per 1,000 Square
Feet of Building
Office
Property
$157 per 1,000 Square
Feet of Building
Industrial
Property
$94 per 1,000 Square
Feet of Building
Other
Property
$161 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below.
46. Special Tax Rates, Improvement Area #46 – Sage Creek
Table 46 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #46 of the CFD.
TABLE 46
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #46 – SAGE CREEK
Type of Property
Maximum Special Tax
Fiscal Year 2005-061
Single Family
Residential Property
$689
per Unit
Multi-Family
Residential Property
$613
per Unit
Retail
Property
$90 per 1,000 Square
Feet of Building
Office
Property
$94 per 1,000 Square
Feet of Building
Industrial
Property
$47 per 1,000 Square
Feet of Building
Other
Property
$94 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.47 below .
City of Merced CFD No. 2003-2 Page 33 January 20, 2022
47. Special Tax Increases
In January 2004, and each January thereafter, all figures shown in Tables 1 through 15 above shall be adjusted by applying the Average Increase, if any, in the Indices. Each annual adjustment of the Maximum Special Tax shall become effective on the subsequent July 1.
In January 2006, and each January thereafter, all figures shown in Tables 16 through 46 above shall be adjusted by applying the Average Increase, if any, in the Indices.
Each annual adjustment of the Maximum Special Tax shall become effective on the subsequent July 1.
SECTION D. METHOD OF LEVY
Each Fiscal Year, the Special Tax shall be levied on all Assessor Parcels of Developed Property, separately for each Improvement Area, according to the steps outlined below.
Step 1: Determine for an Improvement Area the Special Tax Requirement, as defined in Section A above, for the Fiscal Year in which the Special Tax will be collected;
Step 2: Calculate the total Special Tax revenues that could be collected from Developed Property in the Improvement Area based on application of the Maximum Special Tax rates determined pursuant to Section C above;
Step 3: If the amount determined in Step 1 is greater than or equal to the amount calculated in Step 2, levy the Maximum Special Tax on all Assessor Parcels of Developed Property in the Improvement Area;
Step 4: If the amount determined in Ste p 1 is less than the amount calculated in Step 2, levy the Special Tax Proportionately on each Assessor Parcel of Developed Property in the Improvement Area so the amount of the Special Tax levy equals the Special Tax Requirement for that Fiscal Year.
SECTION E. COLLECTION
Except as may be provided by the CFD or the City, and for delinquencies, the Special Taxes shall be collected in the same manner and at the same time as ordinary ad valorem property taxes. The Special Tax obligation applicable to an Assessor Parcel in the CFD may not be prepaid and the obligation of the Assessor Parcel to pay the Special Tax may not be permanently satisfied.
For the portion of Improvement Area #22 that was annexed into the CFD pursuant to Annexation #16, the Special Tax levy shall commence in Fiscal Year 2020-21 and for such Fiscal Year shall be based on the building permits issued by the City as of May 1, 2020.
City of Merced CFD No. 2003-2 Page 34 January 20, 2022
SECTION F. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method, no Special Tax shall be levied on Public Property, except as otherwise provided in the Act.
No Special Tax shall be levied on the portion of an Assessor Parcel that constitutes Lower Income Household Welfare Exemption Property; provided, however, that if, in any Fiscal Year, applicable law does not require that Lower Income Household Welfare Exemption Property be exempt from some portion, or all, of the Special Tax, such portion, or all, of the Special Tax shall be levied on such property in accordance with this Rate and Method based on the type of property to which the Assessor Parcel is assigned.
SECTION G. INTERPRETATION
The Administrator may interpret this Rate and Method as necessary to clarify any inconsistency, vagueness, or ambiguity.
SECTION H. APPEALS
Appeals of any claim of incorrect computation of Special Tax or application of this Rate and Method may be made by the owner of an Assessor Parcel or such owner’s duly -authorized representative by filing a written notice of appeal with the Administrator not later than thirty (30) days after having paid the disputed Special Tax. The Administrator shall promptly review the appeal and, if necessary, meet with the property owner (or representative), consider written and oral evidence regarding the amount of the Special Tax, and decide the appeal. If the property owner disagrees with the Administrator’s decision, the owner may then file a written appeal with the Council, whose decision shall be final. If the decision of the Admin istrator or the Council requires the Special Tax to be modified or changed in favor of the property owner, no cash refund shall be made for prior years’ Special Tax levies, but an adjustment shall be made to the next Special Tax levy(ies) as appropriate. This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.
ATTACHMENT 1
BOUNDARY MAP
AND IMPROVEMENT AREAS OF
CITY OF MERCED
COMMUNITY FACILITIES DISTRICT NO. 2003-2
(SERVICES)
(to come from City)
GERARD
CHILDS
G
MR
YOSEMITE
OLIVE
99 HW
Y 59
CHILDS
COFFEE
BELLEVUE
PARSONS
MCKEE
NORTH BEAR CREEK
LAKE
V
W
EST
PARSONS
1 2
3 4
5 6
7 9
10 11
12 13
14 15
16 17
18 19
20 21
23 24 25 26
26 27
29 30
31 32
33 22 36
39 39
38 40
42 44
46 ¯
COMMUNITY FACILITIES DISTRICT 2003-2 (SERVICES
Improvement Area #46
Sage Creek Subdivision
^
R ST
KANSAS ST
ALVISO DR
HORIZONS AVE
EARLY
LIGHT
AVEDAYLIGHT DR
AVIGNON DR
SHINING
STAR AVE
PINNACLE DRORION DR
CASSIS DR
BLACKBERRY
AVEST TROPEZ AVE
DERBY
DR
BOULDER
CREEK CT
SO
LSTICE AVETW
ILIGHT AVE
EVENING
STAR DR
VERDON CT
STRAWBERRY
DR
WILDCAT DR
LEHIGH DR
ORION CT
STRAWBERRY
CT
LURS CT LEHIGH DR
COLM
A AVE
EL REDO
NDO DR
AUPS CTMENTON CT
BAXTER DR
CAVALAIRE CT
MONACO DR
CRESCENT DR
TOULON CT
ST REM
Y CT
ST TROPEZ CT
SISTERON CT
PETTINOTTI RD
CARDELLA RD
¯
SUBJECT SITE
56667177.1
EXHIBIT B
SAMPLE BALLOT
COMMUNITY FACILITIES DISTRICT NO. 2003-2 (SERVICES)
OF THE CITY OF MERCED
ANNEXATION NO. 20
SPECIAL TAX ELECTION
May 2, 2022
To vote, mark an “X” in the voting square after the word “YES” or after the word “NO.” All marks otherwise made are forbidden.
This ballot represents _____ votes.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Merced at 678 West 18th Street, Merced, California 95340.
PROPOSITION: Shall the Community Facilities District No. 2003-2 (Services) of the City of Merced (the “CFD”), annex property known as Annexation No. 20 to the CFD and be
authorized to levy special taxes within Annexation No. 20 to the CFD pursuant to the a mended rate and method of
apportionment of special taxes (the “Special Tax Formula”) set forth in that certain resolution adopted on April 18, 2022 by the City Council of the City of Merced, acting as the legislative body of the CFD, to finance the authori zed services and administrative expenses, all as provided in the Special Tax Formula?
YES
NO