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HomeMy WebLinkAboutRES 2003-30 - Board TRUCKEE DONNER ,.yew..., Public Utility District Resolution No. 2003- 30 RESOLUTION OF THE BOARD OF DIRECTORS OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT ADOPTING LOCAL GOALS AND POLICIES FOR COMMUNITY FACILITIES DISTRICTS WHEREAS, Section 53312.7(a) of the California Government Code provides that a local agency may initiate proceedings to establish a community facilities district pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act") only if it has first considered and adopted local goals and policies concerning the use of the Act; and WHEREAS, this Board of Directors has determined that there may be a need for the Truckee Donner Public Utility District (the "Public Utility District") to initiate proceedings to establish a community facilities district under the Act; and WHEREAS, this Board of Directors has considered local goals and policies concerning the use of the Act; and WHEREAS, attached hereto as Appendix A is a compilation of such goals and policies entitled "Truckee Donner Public Utility District Statement of Local Goals and Policies Concerning the Use of the Mello-Roos Community Facilities Act of 1982" (the "Goals and Policies"); and WHEREAS, this Board of Directors desires to adopt the Goals and Policies as the Public Utility District's local goals and policies concerning the use of the Act; NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Goals and Policies are adopted as the Public Utility District's local goals and policies concerning the use of the Act. Section 2. The officers and agents of the Public Utility District, and each of them, are hereby authorized and directed to take any actions and do any things which they, or any of them, may deem necessary or desirable in order to accomplish the purposes of this Resolution, provided the same are not inconsistent with the provisions hereof. Section 3. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District on August 6, 2003 by the following roll call vote: AYES: Directors Aguera, Hemig and Van Gundy NOES: Director Sutton ABSENT: None RECUSE: Director Maass TRUCKEE DONNER PUBLIC UTILITY DISTRICT JDRdn Hemig, President ATTE T: Peter L. Holzmeiste , District Jerk 2 APPENDIX A TRUCKEE DONNER PUBLIC UTILITY DISTRICT STATEMENT OF LOCAL GOALS AND POLICIES CONCERNING THE USE OF THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 19829 AS AMENDED TRUCKEE DONNER PUBLIC UTILITY DISTRICT GOALS AND POLICIES FOR COMMUNITY FACILITIES DISTRICTS I. Introduction As of January 1, 1994, the Mello-Roos Community Facilities Act ("Act") requires any public agency initiating proceedings to establish a Community Facilities District ("CFD") to first consider and adopt local goals and policies related to CFD Government Code Section 53312.7(a). At a minimum, these goals and policies must include the following: 1. A statement of the priority that various kinds of public facilities will have for financing through a CFD. Public facilities to be owned and operated by public agencies other than the District must also be included in the statement of priorities. 2. A statement concerning the credit quality which is to be required of CFD bond issues. This statement must include criteria for evaluating credit quality. 3. A statement concerning the steps to be taken to ensure that prospective property purchasers are fully informed about the special taxes imposed on property within any CFD. 4. A statement concerning the criteria to be used for evaluating the equity of tax allocation formulas (i.e., special taxes allocated to different land use categories). This statement must include the desirable and maximum special tax levels to be levied against any CFD properties. 5. A statement establishing the criteria for preparing appraisals, including definitions, standards, and assumptions to be used in appraisals. The following are the local goals and policies adopted by Truckee Donner Public Utility District (the "District") and are intended to meet the requirements of the Act. II. Priorities for CFD Financing The priority for CFD financing shall be given to public facilities as follows: (a) facilities needed to serve approved development which is deficient in infrastructure or other public facilities needed to develop the area as planned; (b) other facilities for A-1 which there is a clearly demonstrated public benefit; and (c) other facilities permitted by the Act. The improvements eligible to be financed by a CFD must be owned and/or operated by a public agency except that up to five percent of the proceeds of an issue may be owned and/or operated by a privately-owned public utility, and must have a useful life which is greater than the term of the bond issue. The development proposed within a CFD must be consistent with the planning authority's general plan. The construction or acquisition of improvements pursuant to a CFD shall not vest any rights to future entitlements on any properties, including those which are responsible for paying special taxes. The funding of public facilities to be owned and/or operated by public agencies other than the District shall be considered on a case-by-case basis. Consistent with the Act, permitted services may also be considered for inclusion in a CFD. III. Credit Quality Requirements for CFD Bond Issues Bonds to be issued by a CFD of the District must satisfy certain credit quality requirements. Satisfaction of these requirements would not compel the District to issue bonds. The District may apply other credit criteria in determining whether to issue bonds, and the District may disregard certain of the criteria if it is determined that such action would not imperil the security of the bonds or that the issuance of the bonds would accomplish a specified public policy goal. A. Value to Debt Ratio In order to minimize the likelihood of a CFD defaulting on its payment to bond owners, all CFD bond issues shall require at least a four-to-one property value to public lien ratio. * Property value may be based on either an appraisal, or on assessed values as indicated on the county assessor's tax roll or a combination of both. The appraiser shall be selected by the District, and the appraisal shall be based on criteria as described below under Section VI of the goals and policies. The appraisal must be dated within six months of the date the bonds are issued. The public lien amount shall be based on the size of the bond issue currently being sold, plus any public indebtedness currently existing against the properties secured by special taxes on special assessment. Although it is not required that the value to debt/lien ratio be four-to-one on a parcel by parcel basis, consideration must be given to this ratio when apportioning special taxes to different parcels, to assure that CFD property owners will accept their responsibilities for paying the special taxes of each parcel. * To the extent that other forms of security are provided (i.e. letters of credit, escrow structures), a three-to-one value to lien ratio will be considered. B. Reserve Fund A-2 A bond reserve fund equal to the lesser of (i) ten percent of the original proceeds of the bond issue, (ii) the maximum annual debt service on all outstanding bonds, or (iii) 125 percent of the average annual debt service on all outstanding bonds shall be required for all bond issues in CFDs where less than 90 percent of the buildable acreage has been developed. Notwithstanding the foregoing, a smaller reserve fund may be permitted by the District for bond issues in CFDs where a significant portion of the buildable acreage has been developed and the value to debt ratio for undeveloped property is in excess of the ratio required in IIIA above. The reserve fund may be funded with cash or an acceptable reserve surety or other credit facility. C. Property Tax Delinquency Rates Property tax delinquency rates on parcels included in a CFD must be no greater than ten percent on the date on which bonds are issued for that CFD. D. Development Feasibility Each bond issue may require a current (dated within six months) CFD absorption study prepared by a consultant hired by the District, if the District determines that such objective data are necessary to analyze the feasibility of the project. To the extent that the appraisal reflects an absorption analysis, this may be determined to fulfill the purpose of this section. An inadequate property value to public lien ratio, tax delinquencies in excess of ten percent, or projects of questionable economic viability may cause the District to disallow the sale of bond issues or require additional credit enhancement prior to bond sale. E. Exceptions The District may consider exceptions to the above policies for bond issues that do not represent an unusual credit risk, either due to credit enhancement or other reasons specified by the District. Furthermore, the District may consider exceptions to these policies for projects which meet public policy goals relating to affordable housing and creation of employment opportunities/housing. Bond issues which have less than a three-to-one value lien ratio but are approved by the District for public policy reasons must be approved by four-fifths of the members of the District's legislative body. IV Disclosure Requirements for Prospective Property Purchasers A. Disclosure Requirements for Builders and Developers In order to ensure that prospective property purchasers are fully informed about the taxpaying obligations imposed under the Act, the District will require that the requirements of disclosure to prospective property purchasers contained in the Act, including, but not limited to, Section 53328.3, 53328.5 A-3 (including the referenced sections of the California Streets and Highways Code), 53340.2 and 53341.5, be met. B. Disclosure Requirements for the Resale of Homes or Lots The District's administrator which is designated to determine the special tax liability each year shall also be designated to provide a notice of special taxes to sellers of property (other than builders or developers) which will enable them to comply with their notice requirements under Section 1102.6b of the Civil Code. This disclosure shall be in a form substantially equivalent to that set forth in California Government Code Section 53340.2. This notice shall be provided by the District within five working days of receiving a request for the notice. A reasonable fee may be charged for providing the notice. The District's administrator which is designated to determine the special tax liability each year shall also establish procedures to promptly respond to inquiries concerning current and future special tax liability. V. Equity of Special Tax Formulas and Maximum Special Taxes Special tax formulas shall provide for special tax levels which satisfy the following: • 110 percent gross debt service coverage for all bonded indebtedness • The reasonable and necessary administrative expenses of the CFD Additionally, the special tax formula may provide for the following: • Lease payments for existing or future facilities • The costs of remarketing, credit enhancement and liquidity facility fees • The cost of acquisition, construction, furnishing or equipping of facilities • The accumulation of funds reasonably required for future debt service • Any amounts required to establish or replenish any reserve fund established in association with the indebtedness of the CFD • Amounts equal to projected delinquencies of special tax payments • Any other costs or payments permitted by law • Costs associated with the release of funds from an escrow account The special tax formula shall be reasonable and equitable in allocating public facilities costs to parcels within the CFD. Exemptions from the special tax may be given to parcels which are publicly owned, are held by a property owners association, are used for a public purpose such as open space or wetlands, are A-4 affected by easements making impractical their utilization for other than the purposes set forth in the easements, or have insufficient value to support bonded indebtedness or as otherwise determined by the Board. The total projected property tax levels for any residential parcel within a CFD shall not exceed two percent (2%) of the projected initial sales prices of a fully developed parcel (i.e., with a completed structure). The total projected property tax level shall include ad valorem property taxes, special taxes, special assessments, and other direct and overlapping debt supported by property taxes. Commercial properties which provide economic benefits to the District may exceed the two percent (2%) property tax level if approved by the District. The maximum special tax for any developed residential parcel shall not increase at a rate greater than two percent (2%) annually. Notwithstanding the foregoing, the special taxes should be structured such that special taxes levied on developed property are consistent year to year. Unforeseen changes in the special tax needs from year to year should, to the degree possible, be borne by undeveloped property. Under no circumstances shall the special tax levied on any parcel of developed residential property be increased by more than ten percent (10%) as a consequence of delinquency or default by the owner of any other parcel. VI. Appraisal Standards A. Definition of Appraisal An appraisal is a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information. B. Standards of Appraisal A detailed appraisal shall be prepared for complex appraisal problems. A detailed appraisal shall reflect nationally recognized appraisal standards including, to the extent appropriate, the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. An appraisal should also generally conform to the Appraisal Standards for Land - Secured Financings provided by the California Debt and Investment Advisory Commission ("CDIAC"). An appraisal must contain sufficient documentation including valuation data and the appraiser's analysis of the data to support his or her opinion of value. At a minimum, the appraisal shall contain the following items: a. The purpose and/or function of the appraisal, a definition of the property being appraised, and a statement of the assumptions and limiting conditions affecting the appraisal. A-5 - b. An adequate description of the physical characteristics of the property being appraised, location, zoning, present use, and an analysis of highest and best use. C. Relevant and reliable approaches to value consistent with commonly accepted professional appraisal practices. If a discounted cash flow analysis is used, it should be supported with at least one other valuation method, such as a market approach using sales that are at the same stage of land development. If more than one approach is utilized, there shall be an analysis and reconciliation of approaches to value that are sufficient to support the appraiser's opinion of value. d. A description of comparable sales, including a description of all relevant physical, legal and economic factors such as parties to the transaction, source and method of financing, and verification by a party involved in the transaction. e. A statement of the value of real property. f. The effective date of valuation, date of appraisal, signature and certification of the appraiser. C. Conflict of Interest No appraiser shall have any interest direct or indirect in the real property being appraised for the District that would in any way conflict with the preparation or review of the appraisal. D. Refunding and Restructuring In the context of a workout or bond restructuring, including a refunding, the requirement for an appraisal shall be based on findings of the Board in light of the particular bond structure and the nature of the bondowners of the new restructured obligations. VII. Deposits An initial deposit in an amount of not less than $20,000 for a CFD shall be required. The deposit shall be placed in a separate trust account held by the District. All costs of the District and/or its consultants retained during the pre-formation process, the formation process, and prior to the sale of any Bonds, are to be paid from this account. If, in the judgment of the District, the costs incurred or projected will cause the balance in this account to fall below $5,000, a written demand shall be made to the applicant to advance additional monies sufficient to bring the account to a balance that is projected to meet remaining costs required to establish the financing District. Failure to advance the requested monies within ten (10) days of a written demand by the District will results in all processing of the CFD to cease and no further actions to A-6 be taken toward establishing the financing District until the monies have been received. Waiver of these requirements can be made only by formal action of the Board. Monies held in the trust account are to be applied to pay the District and its staff in reviewing and processing the CFD request as well as the costs of the bond counsel, financial advisor, special tax consultant, appraiser, all publication expenses, and any other costs determined by the District to be necessary to establish the CFD. After formation of a CFD and issuance of CFD bonds, the petitioners may be reimbursed from bond proceeds for costs paid by the petitioners, however, reimbursement will be limited to the cost of CFD related consultants and staff costs approved by the District. VIII. Minimum Standards; Waiver and Amendment The policies set forth herein reflect the minimum standards under which the District will assist through the use of the Act. The District, may, in its discretion, require additional measures and procedures, enhanced security and higher standards in particular cases. The District may, in limited and exceptional circumstances and to the extent permitted by law, in its discretion, waive any of the policies set forth herein in particular cases. The goals and policies set forth herein may be amended at any time and from time to time by the District. A-7