HomeMy WebLinkAbout95-042 - ResolutionsRESOLUTION NO.95-042
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING
ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES
DISTRICT NO. 88-2 (DRAINAGE AND LAW ENFORCEMENT)
WHEREAS, the City Council of the City of Rancho Cucamonga, California,
(hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held
a public hearing, conducted an election and received a favorable vote from the qualified electors
relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to
the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5,
Part 1, Division 2, Title 5 of the Government Code for the State of California. This Community
Facilities District shall hereinafter be referred to as
COMMUNITY FACILITIES DISTRICT NO. 88-2
(Drainage and Law Enforcement)
(hereinafter referred to as the "District"); and
WHEREAS, at this time, bonds have been authorized for purposes of financing the
project facilities for said District; and
WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of
the Government Code of the State of California, has authorized the levy of a special tax to pay for
costs and expenses related to said Community 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 THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1: That the above recitals are all true and correct.
SECTION 2: That the specific rate and amount of the special tax to be collected to
pay for the costs and expenses for the next Fiscal Year 1993/94 for the referenced district is hereby
determined and established as set forth in the attached, referenced and incorporated Exhibit "A".
SECTION 3: That the rate as set forth above does not exceed the amount as
previously authorized by Ordinance of this legislative body, and is not in excess of that as previously
approved by the qualified electors of the District.
SECTION 4: That the proceeds of the special tax be used to pay, in whole or in part,
the costs of the following, in the following order of priority:
Resolution No. 95-042
Page 2
Payment of principal of and interest on any outstanding authorized bonded
indebtedness.
B. Necessary replenishment of bond reserve funds or other reserve funds;
Payment of costs and expenses of authorized public facilities and public
services.
D. Repayment of advances and loans, if appropriate.
The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other
purpose.
SECTION 5: The special tax shall be collected in the same manner as ordinary ad
valorem property taxes are collected, and shall be subject to the same penalties and same procedure
and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized
to deduct reasonable administrative costs incurred in collecting any said special tax.
SECTION 6: All monies above collected shall be paid into the Community Facilities
District funds, including any bond fund and reserve fund.
SECTION 7: The Auditor of the County is hereby directed to enter in the next
county assessment roll on which taxes will become due, opposite each lot or parcel of land effected
in a space marked "public improvements, 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
attached Exhibit "A".
SECTION 8: The County Auditor shall then, at the close of the tax collection period,
promptly render to this Agency a detailed report showing the amount and/or amounts of such special
tax installments, interest, penalties and percentages so collected and from what property collected,
and also provide a statement of any percentages retained for the expense of making any such
collection.
PASSED, APPROVED, AND ADOPTED this 19th day of April, 1995.
Alexander, Biane, Curatalo, Gutierrez, Williams
None
None
AYES:
NOES:
ABSENT:
William J. A~/kander, Mayor
Resolution No. 95-042
Page 3
ATTEST:
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby
certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council
of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the
19th day of April, 1995.
Executed this 20th day of April, 1995, at Rancho Cucamonga, Califomia.
C, City Clerk
CITY OF RANCHO CUCAMONGA
COMMUNITY FACILITIES DISTRICT NO. 88-2
EXHIBIT "A"
Resolution No. 95-042
Page 4
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 1994/95.
SPECIAL TAX "A" - DRAINAGE FACILITIES
PROPERTY CATEGORIES
There are two categories of property subject to the levy of Special Tax "A", which are
identified as follows:
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.
UNDEVELOPED PROPERTY All other property, excluding property which, as of the
date of the election to authorize the levy of Special Tax
"A:, is: (i) 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 CLASSIFICATIONS AND
SPECIAL TAX "A" RATES
The taxing classifications for the above Property Categories and the authorized Special Tax
"A" rates for Fiscal Year 1995/96 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 per year
(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 year
(2,308-2,563 square feet of
dwelling unit living area) *
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Taxing Classification
E. Residential Class V
(2,051-2,307 square feet of
dwelling unit living area) *
F. Residential Class VI
(Less than 2,051 square feet of
dwelling unit living area) *
G. Commercial or industrial property
Tax Rate
8349 per year
$245 per year
$2,030 per acre per year **
UNDEVELOPED PROPERTY
All Undeveloped Property
81,526 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 the gross acreage exclusive of any
acreage dedicated or offered for dedication to a public agency.
METHOD OF APPORTIONMENT 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.
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STEP 4:
STEP 5:
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
Classifications necessary to generate such additional Special Tax "A" revenue
shall be levied on all Developed Property.
If additional Special Tax "A" revenues are still necessary to generate the
Required Special Tax "A" Revenue, the Community Facilities District shall:
Ao
Compare (i) the Special Tax "A" rate which would be levied on each
Developed Property combining STEP 2 and STEP 4 above with (ii) the
product resulting from multiplying the square footage of the Developed
Property times the Base Maximum Special Tax "A". The Base
Maximum Special Tax "A" means an amount equal to 80.054 per
square foot of the lot or parcel.
Bo
If the product described in (ii) above exceeds the Special Tax "A" rate
described in (i) above for any Developed Property, the Community
Facilities District shall increase the Special Tax "A" rate levied on
each such Developed Property in equal percentages up to the rate not to
exceed the product described in (ii) above necessary to generate the
additional Special Tax "A" revenues to equal the Required Special Tax
"A" Revenues.
SPECIAL TAX "B" - LAW ENFORCEMENT
All Developed Property shall be subject to the levy of Special Tax "B". The authorized
Special Tax "B" rates for Fiscal Year 1995-1996 are as follows:
Taxing Classification
Tax Rate
1. DEVELOPED PROPERTY
A. Residential Class I $1.00 per year
(More than 3,590 square feet of
dwelling unit living area) *
B. Residential Class II $1.00 per year
(3,077-3,589 square feet of
dwelling unit living area) *
C. Residential Class III $1.00 per year
(2,564-3,076 square feet of
dwelling unit living area) *
D. Residential Class IV $1.00 per year
(2,308-2,563 square feet of
dwelling unit living area) *
E. Residential Class V $1.00 per year
(2,051-2,307 square feet of
dwelling unit living area) *
F. Residential Class VI $1.00 per year
(Less than 2,051 square feet of
dwelling unit living area) *
G. Commercial or industrial property $1,000 per acre per year **
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