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Item 11 - Tax Rate for Parkway Bus Center for FY 93-94 nlSTRIFUJTf:n ~ 30 rR3 - AGENDA REPORT SUMMARY - .---TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Man~ INITIATED BY: John D. Fitch, Assistant City Manager Peggy A. Stewart, Director of Administrative Servic~ Christine Tsung, Finance Manager DATE: August 3, 1993 SUBJECT: Tax Rate for the Parkway Business Center (Community Facilities District No. 88-1) for Fiscal Year 1993-94 - ABSTRACT It is recommended that the City Council adopt the attached resolution establishing the tax rate on property within the Community Facilities District No. 88-1 (Parkway Business Center) for fiscal year 1993-94. ENVIRONMENTAL REVIEW Environmental review is not required for this agenda item according to CEQA guidelines. FISCAL IMPACT The City of Poway has loaned the Community Facilities District $1,371,397 to cover the February 8, 1993 debt service payment. Payment of the August 8, 1993 debt service payment of $1,520,864 will have to be covered by either a further loan from the City or a draw upon the reserve funds created for this purpose. The City of Poway has taken steps to foreclose on the property for unpaid taxes. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE Published in the Poway News Chieftain on July 22 and 29, 1993. RECOMMENDATION It is recommended that the City Council adopt the attached resolution establishing $12,587.72 per net usable acre as the amount of the special assessment for property within the Community Facilities District No. 88-1 (Parkway Business Center) for fiscal year 1993-1994. ACTION ,.. ~ 1 of 7 AUG 3 1993 ITEM 11 --.-------- .- - AGENDA REPOR'i CITY OF POW A Y TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Mana~ INITIATED BY: John D. Fitch, Assistant City Manager Peggy A. Stewart, Director of Administrative Services Christine Tsung, Finance Manager DATE: August 3, 1993 SUBJECT: Tax Rate for the Parkway Business Center (Community Facilities District No. 88-1) for Fiscal Year 1993-1994 BACKGROUND In October 1988, the City Council approved the formation of the Community Facilities District No. 88-1 (Parkway Business Center) to provide for the issuance of special tax bonds to finance the construction and acquisition of certain public improvements within the District. In November 1988, the qualified electors of the District authorized the District to incur bond indebtedness not to exceed $45,000,000. These bonds were issued in the total principal amount of $30,000,000 to finance portions of the construction, acquisition, modification and expansion of certain public improvements including, but not limited to, storm drains, a fire station and equipment, sewer and water facilities, and other public improvements. In January 1991, an additional $8,000,000 of Special Tax Bonds, Series 1990, were issued to finance part of the costs of the acquisition and construction of these same types of public improvements. On August 4, 1992, the City Council established the tax rolls for Parkway Business Center based on an assessed value of approximately $77 million. Parkway Business Centre Partnership did not pay any of the special tax as required in fiscal year 1992-1993. On February 9, 1993, the City Council authorized the commencement of judicial foreclosure against the delinquent property owners in Community Facilities District No. 88-1 and advanced a loan to pay for the February debt service payment. On or about February 22, 1993, Parkway Business Centre Partners Ltd., the majority owners of the District, filed a petition under Chapter 11 of the bankruptcy code. The Chapter 11 Bankruptcy Code gives the debtor time needed to reorganize its financial plan in order to payoff its debts according to the priority and secured status of the debt. Therefore, no payment was made for the second installment of special taxes which was due April 10, 1993. ACTION: 2 of 7 j AUG 3 1993 ITEM 11 Agenda Report August 3, 1993 Page 2 In order to proceed with our judicial foreclosure process against the delinquent owners and for the Court to order the City relief from automatic stay of 11 U.S.C. Sec. 362(a) of the bankruptcy code to foreclose our secured interest in debtor's property to collect year-to-date delinquent special taxes, interest, penalties and related administrative expenses, the City Attorney filed a motion with the court for relief from automatic stay of bankruptcy on June 30, 1993. The hearing on this matter has been continued to September 22, 1993. A debt service payment in the amount of $1,520,863.59 is due to the Fiscal Agent on the outstanding bonds by August 8, 1993. Since the special taxes will not be paid by the property owners in time to make that debt service payment, it will be necessary to either draw on the bond reserves or loan funds from the City to make the debt service payment. FINDINGS Total funds required within Community Facilities District No. 88-1 in fiscal year 1993-94 are as follows: Debt service payments in FY 1993-94 3,254,321 Trustee fees to be paid FY 1993-94 19,520 Less interest earnings on bond reserve funds, if intact (298,520) Cash reserve 300.000 Total funding requirements ,$3.275.051 A maximum tax rate of $14,408.26 per net usable acre was allowed under Community Facilities District No. 88-1. If reserve funds are drawn upon, that maximum tax rate increases to $16,561. With the approval of the final map for Unit #1 of the Parkway Business Center, 52 taxable lots were created with a total of 120.7 net usable acres. Unit #2 of the project has created an additional 39 taxable lots totaling 139.5 net usable acres. Therefore, there is a total of 260.2 net usable acres to be used in calculating the amount of tax per acre. Based on the funding requirements above, the tax rate will be $12,587.72 per net usable acre. If all FY 1993-94 taxes are paid when due, the financial position of Community Facilities District No. 88-1 would be as follows: --,- 3 of 7 AUG 3 1993 ITEM 11 - Agenda Report August 3, 1993 Page 3 Debt service requirements in FY 1993-94 $ 2,975,051 Outstanding loans from City 2,892,261 LESS: Projected tax revenues (3,275,051) Fund balance projected for June 30, 1994 ,$(2.592.261) ENVIRONMENTAL REVIEW Environmental review is not required for this agenda item according to CEQA guidelines. FISCAL IMPACT The City of Poway has loaned the Community Facilities District $1,371,397 to cover the February 8, 1993 debt service payment. Payment of the August 8, 1993 debt service payment of $1,520,864 will have to be covered by either a further loan from the City or a draw upon the reserve funds created for this purpose. The City of Poway has taken steps to foreclose on the property for unpaid taxes. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE Published in the Poway News Chieftain on July 22 and 29, 1993. RECOMMENDATION It is recommended that the City Council adopt the attached resolution establishing $12,587.72 per net usable acre as the amount of the special assessment for property within the Community Facilities District No. 88-1 (Parkway Business Center) for fiscal year 1993-94. JLB:PAS:CT:eg Attachment: Proposed Resolution Setting the Special Tax Rate for FY 1993-94 c:\wpfiles\taxrete.res 4 of 7 AUG 3 1993 ITEM 11 , - RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, SETTING THE SPECIAL TAX RATE AND THE AMOUNT TO BE LEVIED ON PROPERTY WITHIN THE COMMUNITY FACILITIES DISTRICT NO. 88-1 (PARKWAY BUSINESS CENTER) FOR FISCAL YEAR 1993-94 WHEREAS, the City Council of the City of Poway, California has approved the formation of the Community Facilities District No. 88-1 (Parkway Business Center) pursuant to the terms and provisions of the Mello-Roos Community Facilities District Act of 1982, and WHEREAS, the City Council by following the provisions set forth and said act authorized the issuance.of $30,000,000 in 1989 Special Tax Bonds and an additional $8,000,000 in Series 1990 Special Tax Bonds, and WHEREAS, Ordinance No. 289 provides for the annual setting of a special tax rate amount to be levied on property within the District to service the principal and interest due on the bonds. NOW, THEREFORE, BE IT RESOLVED THAT the special tax necessary to be collected on property within the District for fiscal year 1993-94 is set at $12,587.72 per net usable acre on property within the District and that the special tax shall be spread on the 260.2 net usable acres as follows: Amount of Lot Number APN Numbers Net Usable Acres Assessment UNIT 1: 1 317-280-56 16.5 $ 207,697.34 2 317-280-57 5.3 66,714.92 Parcel 105 (Park) N/A N/A N/A Parcel 106 317-280-47 3.7 46,574.56 Parcel 107 317-280-48 7.0 88,114.04 Parcel 108 317-280-51 4.6 57,903.52 Parcel 109 317 -280-52 1.6 20,140.34 Parcel 110 317-280-50 5.5 69,232.46 9 317-280-21 3.0 37,763.16 10 317-280-22 2.4 30,210.54 11 317 -280-23 2.1 26,434.20 12 317-280-53 3.0 37,763.16 13 317-280-54 1.6 20,140.36 14 317 -280-59 3.0 37,763.16 15 317-280-58 2.9 36,504.40 16 317-280-28 2.7 33,986.84 17 317-280-29 2.7 33,986.84 22 317-280-34 2.9 36,504.38 5 of 7 AUG 3 1993 ITEM 11 ._-------.-..,-~----- -_._-----_.~- ~._--_.._---- Resolution No. 93- Page 2 Amount of Lot Number APN Numbers Net Usable Acres Assessment 23 317-280-35 3.0 $ 37,763.16 24 317-810-28 0.9 11,328.96 25 317-810-29 0.7 8,811.40 26 317-810-30 0.8 10,070.18 27 317-810-04 1.2 15,105.26 28 317-810-05 0.7 8,811.40 29 317-810-33 0.7 8,811.40 30 317-810-33 0.8 10,070.18 31 317-810-33 0.6 7,552.62 32 317-810-09 0.8 10,070.18 33 317-810-31 1.1 13,846.50 34 317 -810-32 1.2 15,105.26 35 317-810-12 0.8 10,070.18 36 317-810-13 0.7 8,811.40 37 317-810-14 0.7 8,811.40 38 317-810-15 0.8 10,070.18 39 317-810-16 0.8 10,070.18 40 317-810-17 0.8 10,070.18 41 317-810-18 0.8 10,070.18 42 317-810-19 0.7 8,811.40 43 317-280-36 2.6 32,728.06 44 317-280-37 3.0 37,763.16 45 317-280-38 3.1 39,021.94 46 317-280-39 2.9 36,504.38 47 317-810-20 0.9 11 ,328.96 48 317-810-21 1.0 12,587.72 49 317-810-22 1.3 16,364.04 50 317-810-23 1.0 12,587.72 51 317-810-24 1.2 15,105.26 52 317-810-25 0.9 11 ,328.94 53 317-810-26 0.8 10,070.18 54 317-810-27 1.0 12,587.72 55 323-090-62 5.4 67,973.70 56 323-090-63 3.3 41,539.48 57 323-090-64 3.2 40,280.70 UNIT 2: 1 323-090-17 9.4 118,324.56 2 323-090-17 6.8 85,596.50 3 323-091-02 2.3 28,951.76 4 323-091-02 2.4 30,210.54 5 323-091-03 3.1 39,021. 92 6 323-090-66 5.9 74,267.56 7 323-090-66 3.2 40,280.70 8 323-090-66 4.8 60,421.06 6 of 7 AUG 3 1993 II~M 11 - Resolution No. 93- Page 3 Amount of Lot Number APN Numbers Net Usable Acres Assessment 9 323-090-43 4.3 $ 54,127.20 10 323-090-65 4.0 50,350.88 11 323-090-65 3.7 46,574.56 12 323-090-17 3.4 42,798.26 13 323-090-17 3.7 46,574.56 14 323-090-17 4.3 54,127.20 15 323-090-65 3.0 37,763.16 16 323-090-65 2.5 31,469.30 17 323-090-65 2.9 36,504.38 18 323-090-65 2.8 35,245.62 19 323-090-65 2.3 28,951. 76 20 323-091-03 3.0 37,763.16 21 323-091-03 3.6 45,315.80 22 323-090-65 4.1 51,609.64 23 323-090-65 4.1 51,609.66 24 323-090-65 4.3 54,127.20 25 323-090-65 4.0 50,350.88 26 323-091-03 3.4 42,798.24 27 323-091-03 3.9 49,092.12 28 323-091-03 3.6 45,315.78 29 323-091-03 2.7 33,986.84 30 323-091-03 2.5 31,469.30 31 323-091-03 2.2 27,692.98 32 323-091-03 3.4 42,798.26 33 323-091-03 2.4 30,210.52 34 323-091-03 3.4 42,798.26 35 323-091-03 2.3 28,951. 76 36 323-091-03 2.2 27,692.98 37 323-091-03 2.2 27,692.98 38 323-091-03 2.4 30,210.52 39 323-091-03 5.0 62,938.60 Total 260.2 $3,275,324.74 7 of 7 AUG 3 1993 IIa:.M 11 .._._--~ -~--~---~---