Loading...
HomeMy WebLinkAbout92-168 - Resolutions RESOLUi~(I~ NO. 92-168 A RESOLUTI~ OF ~HE CITY ~ OF THE CITY OF RANCHO ~, CALL~C~U-A, ESTABLI~ ANN-dAL SPECIAL TAX F-~ ~ FA~TLIT/ES DISTRICT NO. 88-2 (EI~kINAGE AND LAW ~) ~EAS, the City Council of the City of Rancho Cucamonga (hmrein- after referred to as the "legislative body of the local Agency"), has initiated ~0oeed/r~3s, held a public hearing, o0~d an election and received a favorable vote frc~ the qualified electors relating to the levy of a special tax in a C~m..unity Facilities District, all as authorized pursuant to the terms and provisions of the '~ello-Roos C~mmmity Facilities Act of 1982," being Ok3ptmr 2.5, Part 1, Divisic~ 2, Title 5 of the Gove~ Code for the State of California. This C~mmunity Facilities District shall herein- after be referred to as ~ FACILITT~R DISTRICT NO. 88-2 (Drainage and ~{~REAS, at this time, bonds have been authorized for purposes of financing the p~oject facilities for said District; and WHEREAS, this legislative body, by ord/nance as authorized by Sectic~ 53340 of the Govex]at~nt COde of the State of CaliforTuia, b~ authc=ized the levy of a special tax to pay for costs and expenses related to said C~m~unity Facilities District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the next fiscal year. NOW, TH~EFORE, the city Council of the City of Rancho Cucamonga does hereby resolve as follows: S~Ci~(~ 2: ~hat the specific rate ar~ amount of the special tax to be collected to pay for the coets and expenses for the next Fiscal Year 1992-93 for the referenced d~trict is hereby det~r~fu~ed a~d established as set forth in the attached, referenced and incorporated Emhibit "A." SECTI~ 3: That the rate as set forth above does not exceed the amount as previously authorized by cxdinanoe of this legislative body, and is not in exoess of that as previously approved by the qualified electors of tb~ District. SqDCTION 4: That the proceeds of the special tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority: A. Payment of principal of and interest on any outstandir~ authorized bonded ir~lebt~ss; and B. Necessary repl~ of bc~d reserve fur~s or other reserve C. Payment of costs and expenses of authorized public facilities and public services; and Resolution No. 92-168 Page 2 D. Repa~ of advances and loans, if appropriate. ~%e proceeds of the special taxes shall be used as set f~rth above, and shall S~CTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, a~d shall be subject to the same penalties ar~ same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Oollector is hereby authorized to deduct reasomahle administrative costs incurred in collecting any said special tax. SECTION 6: All monies above collected shall be paid into the C~,m~nity Facilities District funds, including any bond fund and reserve fund. lot or paroel of land effected in a space marked '~ublic im~, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attac~ed Exb ~ hit "A." SECTION 8: Ihe Oounty Auditor shall then, at the cloee of the tax also provide a statement of any peroe~ retained for the expense of making PASS~D, ~, and ADOPTED this 3rd day of June, 1992. AYES: Alexander, Buquet, Stout, Williams, Wright ~ L. Stout, Ma~u~ Resolution No. 92-168 Page 3 I, DW~A J. ADAMS, ~ ~FRK of the City of Rancho Cucamonga, California, do hereby oartify that the f~ing Resolutio~ was duly passed, ap~xmm~d, and ~ by the City Council of the City of Rancho Cucamonga, California, at a regular meetin~ of said City Council held on the 3rd day of June, 1992. Executed t/his 4th day of June, 1992, at Raft. ho Cucamonga, California. '~/~a J. ~ums, City Clerk Resolution No. 92-168 Page 4 CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 88-2 EXHIBIT ",~' The Resolution establishing the annual special tax refers to this Exhibit for an explanation of the rate and method of apportionment of the Special Taxes for Fiscal Year 1992/93. SPECIAL TAX "P2' - DRAINAC=E FACILITIE~ PROPERTY CATEGORIE~ There are two categories of property subject to the levy of Special Tax 'A', which are identified as follows: 1. DEVELOPED PROPERTY All property identified as a single Tax Assessors's parcel for which property a building permit has been issued as of May 31 of any year. 2. UNDEVELOPED PROPERTY All other property, excluding property which, as of the date of the election to authorize the levy of Special Tax 'A:, is: (l) owned by a public entity; (ii) owned by a regulated public utility and being utilized for transmission or distribution purposes; or (iii) zoned as open space. TAXING CLA~$1FICATION8 AND SPECIA~ TAX "~g' RATE~ The taxing classifications for the above Property Categories and the authorized Special Tax "A" rates for Fiscal Year 1991/92 are as follows: Taxing Classification Tax Rate 1. DEVELOPED PROPERTY A. Residential Class I $944 per year (More than 3,590 square feet of dwelling unit living area) * B. Residential II $699 peryear (3,077-3,589 square feet of dwelling unit living area) * C. Residential III $524 per year (2,564-3,076 square feet of dwelling unit living area) * D. Residential Class IV $420 per yem' (2,308-2,563 square feet of dwelling unit living area) * Resolution No. 92-168 Page5 Taxing Classification Tax Rate E. Residential Class V $349 per year {2,051-2,307 square feet of dwelling unit living area) * F. Residential Class VI $245 per year (Less than 2,051 square feet of dwelling unit living area) * G. Commercial or industrial property $2,030 per acre per year ** 2. UNDEVELOPED PROPERTY All Undeveloped Property $1,344 per acre per year *** * The square footage of dwelling unit living area shall mean the square footage of internal living space, exclusive of garages and other structures not used as living space, as shown on the building permit{s) issued for the dwelling unit. ** The acreage of a commercial or industrial property shall mean' the gross acreage exclusive of any acreage dedicated or offered for dedication to a public agency. *** The acreage of an Undeveloped Property shall be 'he gross acreage exclusive of any acreage dedicated or offered for dedication to a pub': ~. agency. METHOD OF APPORTIONB~t-NT OF SPECIAL TAX "A" Special Tax "A' shall be levied annually on all taxable property within one of the above identified Property Categories so long as Special Tax "A' revenues are necessary to pay authorized expenses of the Community Facilities District related to the financing of authorized public facilities, which may include, without limitation, payment of debt service on any bonded indebtedness of the Community Facilities District; replenishment of any required reserve fund for any such bonded indebtedness; funding of any required sinking fund necessary to pay for future public facilities or debt service; or direct payment for public facilities (CFD Expenses"). The annual levy of Special Tax 'A' shall be apportioned as follows: STEP 1: The Community Facilities District shall estimate the amount of CFD Expenses which must be paid for from Special Tax "A' revenues collected during the Fiscal Year for which the Special Tax 'A" levy is to be established (the "Required Special Tax 'A' Revenue"). STEP 2: That equal percentage of the Special Tax 'A" rate, not to exceed 91% of the maximum authorized Special Tax "A" rate, applicable to all Developed Property Taxing Classifications necessary to generate Special Tax 'A" revenue in the Fiscal Year of the levy equal to the Required Special Tax "A" Revenue for such Fiscal Year shall be levied on all Developed Property. STEP 3: If additional Special Tax "A' revenues are still necessary to generate the Required Special Tax 'A' Revenue, that percentage of the maximum authorized Special Tax "A' rate applicable to all Undeveloped Property necessary to generate such additional Special Tax "A' revenue shall be levied on all Undeveloped Property. Resolutic~ No. 92-168 STEP 4: If additional Special Tax "A" revenues are still necessary to generate the Required Special Tax 'A" Revenue, that equal percentage of the maximum authorized Special Tax "A" rate applicable to all Developed Property Taxing Classffications necessary to generate such additional Special Tax "A" revenue shall be levied on all Developed Property. STEP 5: If additional Special Tax "A" revenues are still necessary to generate the Required Special Tax "A' Revenue, the Community Facilities District shall: A. Compare (l) the Special Tax "A" rote which would be levied on each Developed Property combinir~ STEP 2 and STEP 4 above with (ii) the product resulting from multiplying the square footage af the Developed Property times the Base Maximum Special Tax 'A'. The Base Maximum Special Tax "A" means an amount equal to *0.054 per square foot of the lot or parcel. B. If the product described in (ii) above exceeds the Special Tax "A" rate described in (l) above for any Developed Property, the Community Facilities District shall increase the Special Tax 'A' rate levied on each such Developed Property in equal llercent~es up to the rate not to exceed the product described in (ii) above necesaary to generate the additional Special Tax "A" revenues to equal the Required Special Tax "A' Revenues. SPECIAL TAX "B" - LAW All Developed Property shall be subject to the levy of Special Tax '~3'. The authorized Special Tax "B" rates for Fiscal Year 1992-1993 are as follows: Taxin_~ Classification T~ Rate 1. DEVELOPED PROPERTY A. Residential Class I $1 per year IMore than 3,590 square feet of dwelling unit living area) * K Residential Class II $1 per year {3,077-3,589 square feet of dwelling umt living area) * C. Residential Class III $1 per year {2,564-3,076 sq~mre feet of dwelling umt Uving area! * D. Re~dential Class IV $1 per year (2,308-2,563 square feet of dwelling unit living area) * E. Residential Class V $1 per year {2,051-2.307 square feet of dwelling unit living area) * F. Residential Class VI $1 per year (Less than 2,051 square feet of dwelling unit living area) * Resolution No. 92-168 Page? PROPOSED BOUNDAR~$ OF CO~UNITY FACU~T~S D~TRICT NO. 88-2 OF T~E crrY OF RANCHO CUCA~ONGA. COUNTY OF SAN BERNARDIN0, STATE OF CALIFORNIA