4/20/23
56821310.2
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
SPECIAL ELECTION RELATED TO ANNEXATION NO. 24
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. 2 023-26 (the “Resolution of Intention to Annex”) stating its intention to annex certain property to the District (“Annexation No. 24”) 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. 24 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. 24, 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. 24 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. 24 to the District and this Council held said public hearing as required by law; and WHEREAS, prior to the commencement of the hearing, the re 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. 24 , a description of the services and maintenance, an estimate of the costs of the Services DRAFT
ATTACHMENT 4
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and incidental expense to be financed by properties within the District, including Annexation No. 24, 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. 24 to the District were heard and a full and fair hearing was held; and
WHEREAS, at said hearing evidence was p resented 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. 24 a proposition to levy special taxes on property within Annexation No. 24 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. Pursua
nt 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. Wr
itten protests against the annexation of Annexation No. 24 to the District, or against the furnishing of specified services or the levying of a specified special tax within Annexation No. 24, 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. 24, 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. 24.
Section 3. The description and map of the boundaries of Annexation No. 24, 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. 24. The map of the proposed boundaries of Annexation No. 24 has been recorded in the Office of the County Recorder of Merced County, California on DRAFT
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April 21, 2023 in Book 15 page 33 of the Book of Maps of Assessments and Community Facilities Districts (Instrument Number No. 2023-008823).
Section 4. Ex cept where funds are otherwise available, there shall be levied annually in accordance with procedures contained in the Act on nonexempt property within Annexation No. 24, a special tax sufficient to finance the Services that are in addition to those provided in the territory within Annexation No. 24 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 t o 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 re
cordation 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. 24, 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. 24.
Section 7. The
Council finds that there is not an ad valorem property tax currently being levied on property within the proposed Annexation No. 24 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. Suc h Special Tax shall be levied for the specific purposes set forth in Section 4 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.
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C. The District shall establish an account or accounts into which the proceeds of such Special Tax shall be deposited.
D. The Finance Officer, 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. T he Office of the Finance Officer, 678 West 18 th 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. 24 a proposition (the “Proposition”) to annex into the District Annexation No. 24 and to levy special taxes on property within Annexation No. 24 in accordance with the Special Tax Formula.
The Proposition is attached as Exhibit “B.”
Section 11. A s pecial election is hereby called for the Annexation No. 24 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 s to the landowners 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 applicable propositions shall be on the 5th day of June, 2023. The voter ballots shall each be returned to the City Clerk at 678 West 18th Street, Merced, California 95340, no later than 11:00 o’clock p.m. on June 5, 2023. Either election may be closed with the c oncurrence of the City Clerk, as soon as all of the ballots for such election are returned.
Section 15. The Council finds and determines that there were no registered voters residing within the territory of proposed Annexation No. 24 at the time of the protest hearing and ninety (90) days prior thereto. The requirements of Section 53326 of the Government Code having been waived by all of the landowners, the ballots for the special election shall be personally delivered to the landowners within Annexation No. 24. Each landowner shall have one (1) vote for each acre or portion DRAFT
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thereof that he or she owns within Annexation No. 24 as provided by Section 53326 of the Act.
Section 16. A nnexation No. 24 within the District shall constitute a single election precinct for the purpose of holding said election relating to Annexation No.
24. Section 17. The Ci ty Manager or designee may take all actions necessary or convenient to carry out the purposes of this resolution Section 18. Th e City Clerk is directed to certify and attest to this resolution.
PASSED, APPROVED AND ADOPTED this ___ day of _________, 2023.
COMMUNITY FACILITIES DISTRICT
NO. 2003-2 (SERVICES) OF THE CITY
OF MERCED
By
Mayor of the City of Merced
Acting as the Legislative Body of the
Community Facilities District No 2003-2
(Services) of the City of Merced
ATTEST:
Deputy City Clerk of the City of Merced
Acting as the Legislative Body of the
Community Facilities District No 2003-2
(Services) of the City of Merced
APPROVED AS TO FORM
City Attorney of the City of Merced
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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 as the legislative b ody 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 __________, 2023, and that it was so adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Deputy City Clerk of the City of Merced
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EXHIBIT A
AMENDED RATE AND METHOD OF APPORTIONMENT
OF SPECIAL TAX
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City of Merced CFD No. 2003-2 Page 1 February 15, 2023
EXHIBIT A
CITY OF MERCED
COMMUNITY FACILITIES DISTRICT NO. 2003-2
(SERVICES)
AMENDED RATE AND METHOD OF APPORTIONMENT OF SPECIAL
TAX (as of April 17, 2023)
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 designate d 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.
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City of Merced CFD No. 2003-2 Page 2 February 15, 2023
“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.
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“Annexation #20” means the date the ow ners of Assessor Parcels in Improvement Area #46 elected to annex into the CFD.
“Annexation #21” means the date the owners of Assessor Parcels in Improvement Area #47 elected to annex into the CFD.
“Annexation #22” means the date the owners of Assessor Parcels in Improvement Area #48 elected to annex into the CFD.
“Annexation #23” means the date the owners of Assessor Parcels in Improvement Area #49 elected to annex into the CFD.
“Annexation #24” means the date the owners of Assessor Parcels in Improvement Area #41 elected to annex into the CFD.
“Assessor Parcel” means a lot or p arcel 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-nine (49) mutually exclusive geographic areas defined below and identified in Attachment 1 of this Rate and Method, and any subsequent Improvement Areas created to contain property annexed into the CFD after CFD Formation.
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City of Merced CFD No. 2003-2 Page 4 February 15, 2023
“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.
“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 identified in Attachment 1 h ereto 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 specifically identified in Attach ment 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.
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City of Merced CFD No. 2003-2 Page 5 February 15, 2023
“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 identified 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.
“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 Annexation #3, was generally known as the Hartley Crossings project and is spe cifically 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) pr oject and is specifically identified in Attachment 1 hereto as Improvement Area #24.
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“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.
“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 specific ally 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 Annexation #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 Annex ation #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 Mer ced Station project and is specifically identified in Attachment 1 hereto as Improvement Area #36.
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City of Merced CFD No. 2003-2 Page 7 February 15, 2023
“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 project 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.
“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 ” means the geographic area that, at Annexation #24, was generally known as the Bellevue Ranch North Villages 23 and 24 project and is specifically identified in Attachment 1 hereto as Improvement Area #41.
“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 An nexation #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 speci fically identified in Attachment 1 hereto as Improvement Area #46.
“Improvement Area #47 ” means the geographic area that, at Annexation #21, was generally known as the Hub 2.0 Merced Student Housing project and is specifically identified in Attachment 1 hereto as Improvement Area #47.
“Improvement Area #48 ” means the geographic area that, at Annexation #22, was generally known as the Merzoian Estates project and is specifically identified in Attachment 1 hereto as Improvement Area #48.
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“Improvement Area #49 ” means the geographic area that, at Annexation #23, was generally known as the Campus Parkway Plaza project and is specifically identified in Attachment 1 hereto as Improvement Area #49.
“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, distri bution, 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 as sessor’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 construction 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.
“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 Area #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.
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“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, per sonal 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 Administrator 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 Property 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 Y ear 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, base d 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 building of Retail Property, Office Property, Industrial Property, or Other Property and any Square Footage subsequently added to a Unit or a building of s uch 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 habitation, which may be an individual detached residential unit, an individu al 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) whether 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) also for Developed Property, the Unit or building Square Footage; and (v) the Special Tax Requirement.
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City of Merced CFD No. 2003-2 Page 10 February 15, 2023
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.50 below.
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.50 below.
DRAFT
City of Merced CFD No. 2003-2 Page 11 February 15, 2023
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.50 below.
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.50 below.
DRAFT
City of Merced CFD No. 2003-2 Page 12 February 15, 2023
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.50 below.
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.50 below.
DRAFT
City of Merced CFD No. 2003-2 Page 13 February 15, 2023
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.50 below.
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.50 below.
DRAFT
City of Merced CFD No. 2003-2 Page 14 February 15, 2023
8. Special Tax Rates, Improvement Area #8 – Intentionally Excluded
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.50 below.
DRAFT
City of Merced CFD No. 2003-2 Page 15 February 15, 2023
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.50 below.
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.50 below.
DRAFT
City of Merced CFD No. 2003-2 Page 16 February 15, 2023
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.50 below.
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.50 below.
DRAFT
City of Merced CFD No. 2003-2 Page 17 February 15, 2023
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.50 below.
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.50 below.
DRAFT
City of Merced CFD No. 2003-2 Page 18 February 15, 2023
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.50 below.
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.50 below.
DRAFT
City of Merced CFD No. 2003-2 Page 19 February 15, 2023
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.50 below.
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.50 below.
DRAFT
City of Merced CFD No. 2003-2 Page 20 February 15, 2023
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.50 below.
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.50 below.
DRAFT
City of Merced CFD No. 2003-2 Page 21 February 15, 2023
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.50 below.
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.50 below.
DRAFT
City of Merced CFD No. 2003-2 Page 22 February 15, 2023
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.50 below.
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.50 below.
DRAFT
City of Merced CFD No. 2003-2 Page 23 February 15, 2023
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.50 below.
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.50 below.
DRAFT
City of Merced CFD No. 2003-2 Page 24 February 15, 2023
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.50 below.
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.50 below.
DRAFT
City of Merced CFD No. 2003-2 Page 25 February 15, 2023
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.50 below.
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.50 below.
DRAFT
City of Merced CFD No. 2003-2 Page 26 February 15, 2023
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.50 below.
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.50 below.
DRAFT
City of Merced CFD No. 2003-2 Page 27 February 15, 2023
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.50 below.
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.50 below.
DRAFT
City of Merced CFD No. 2003-2 Page 28 February 15, 2023
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.50 below.
37. Special Tax Rates, Improvement Area #37 – Reserved for Future Use
DRAFT
City of Merced CFD No. 2003-2 Page 29 February 15, 2023
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.50 below.
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.50 below.
DRAFT
City of Merced CFD No. 2003-2 Page 30 February 15, 2023
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.50 below.
41. Special Tax Rates, Improvement Area #41 – Bellevue Ranch North Villages 23 and 24
Table 41 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #41 of the CFD.
TABLE 41
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #41 – BELLEVUE RANCH NORTH VILLAGES 23 AND 24
Type of Property
Maximum Special Tax
Fiscal Year 2005-061
Single Family
Residential Property
$1,188
per Unit
Multi-Family
Residential Property
$841
per Unit
Retail
Property
$415 per 1,000 Square
Feet of Building
Office
Property
$375 per 1,000 Square
Feet of Building
Industrial
Property
$270 per 1,000 Square
Feet of Building
Other
Property
$415 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.50 below.
DRAFT
City of Merced CFD No. 2003-2 Page 31 February 15, 2023
42. Special Tax Rates, Improvement Area #42 – Compass Pointe Apartments Phase 2
Table 42 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #42 of the CFD.
TABLE 42
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #42 – COMPASS POINTE APARTMENTS PHASE 2
Type of Property
Maximum Special Tax
Fiscal Year 2005-061
Single Family
Residential Property
$770
per Unit
Multi-Family
Residential Property
$684
per Unit
Retail
Property
$112 per 1,000 Square
Feet of Building
Office
Property
$120 per 1,000 Square
Feet of Building
Industrial
Property
$56 per 1,000 Square
Feet of Building
Other
Property
$120 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.50 below.
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.50 below.
DRAFT
City of Merced CFD No. 2003-2 Page 32 February 15, 2023
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.
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.50 below.
DRAFT
City of Merced CFD No. 2003-2 Page 33 February 15, 2023
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.50 below.
47. Special Tax Rates, Improvement Area #47 – The Hub 2.0 Merced Student Housing
Table 47 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #47 of the CFD.
TABLE 47
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #47 – THE HUB 2.0 MERCED STUDENT HOUSING
Type of Property
Maximum Special Tax
Fiscal Year 2005-061
Single Family
Residential Property
$505
per Unit
Multi-Family
Residential Property
$443
per Unit
Retail
Property
$45 per 1,000 Square
Feet of Building
Office
Property
$39 per 1,000 Square
Feet of Building
Industrial
Property
$31 per 1,000 Square
Feet of Building
Other
Property
$45 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.50 below .
DRAFT
City of Merced CFD No. 2003-2 Page 34 February 15, 2023
48. Special Tax Rates, Improvement Area #48 – Merzoian Estates
Table 48 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #48 of the CFD.
TABLE 48
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #48 – MERZOIAN ESTATES
Type of Property
Maximum Special Tax
Fiscal Year 2005-061
Single Family
Residential Property
$1,183
per Unit
Multi-Family
Residential Property
$858
per Unit
Retail
Property
$397 per 1,000 Square
Feet of Building
Office
Property
$362 per 1,000 Square
Feet of Building
Industrial
Property
$254 per 1,000 Square
Feet of Building
Other
Property
$397 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.50 below .
49. Special Tax Rates, Improvement Area #49 – Campus Parkway Plaza
Table 49 below identifies the Maximum Special Taxes for Taxable Property within Improvement Area #49 of the CFD.
TABLE 49
MAXIMUM SPECIAL TAXES
IMPROVEMENT AREA #49 – CAMPUS PARKWAY PLAZA
Type of Property
Maximum Special Tax
Fiscal Year 2005-061
Single Family
Residential Property
$1,018
per Unit
Multi-Family
Residential Property
$892
per Unit
Retail
Property
$191 per 1,000 Square
Feet of Building
Office
Property
$205 per 1,000 Square
Feet of Building
Industrial
Property
$94 per 1,000 Square
Feet of Building
Other
Property
$205 per 1,000 Square
Feet of Building
1 Subject to annual escalation as described in Section C.50 below.
DRAFT
City of Merced CFD No. 2003-2 Page 35 February 15, 2023
50. 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 49 above shall be adjusted by applying the Average Increase, if any, in the Indices.
Each annual adjustment of the Maximum Special Tax shall become effect ive 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 Step 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 A rea 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.
DRAFT
City of Merced CFD No. 2003-2 Page 36 February 15, 2023
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 Exem ption 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 Spe cial 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 Administrator 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.
DRAFT
ATTACHMENT 1
BOUNDARY MAP
AND IMPROVEMENT AREAS OF
CITY OF MERCED
COMMUNITY FACILITIES DISTRICT NO. 2003-2
(SERVICES)
(to come from City)
DRAFT
GERARD
CHILDS
G
MR
YOSEMITE
OLIVE
99 HWY 59
CHILDS
COFFEE
BELLEVUE
PARSONS
MCKEE
NORTH BEAR CREEK
LAKE
V
WEST
PARSONS
1 2
3 4
5 6
7 9
10 11
12 13
14 15
16 17 18
19 20
21 23
23 24 25
26 27
28 29
30 32
3334
22 36
35 39
39 38
40 43
42 44
45 41
46 47
48 49
50 ¯
COMMUNITY FACILITIES DISTRICT 2003-2 (SERVICES)
ANNEXATION #24
IMPROVEMENT AREA #41 - BELLEVUE RANCH NORTH
VILLAGES #23 & #24 SUBDIVISION
Improvement Area #41
Bellevue Ranch North
Villages #23 & #24
^
DRAFT
56821310.2
EXHIBIT B
SAMPLE BALLOT
COMMUNITY FACILITIES DISTRICT NO. 2003-2 (SERVICES)
OF THE CITY OF MERCED
ANNEXATION NO. 24
SPECIAL TAX ELECTION
June 5, 2023
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. 24 to the CFD and be
authorized to levy special taxes within Annexation No. 24 to the CFD pursuant to the amended rate and method of
apportionment of special taxes (the “Special Tax Formula”) set forth in that certain resolution adopted on April 17, 2023, by the City Council of the City of Merced, acting as the legislative body of the CFD, to finance the authorized
services and administrative expenses, all as provided in the Special Tax Formula?
YES
NO
DRAFT