HomeMy WebLinkAbout93-227 - ResolutionsRESOLUTIONNO. 93-227
A RESOLUTION OF ~HE CITY C0~qCIL OF ~HE CITY OF
O3CAMC~%, ~%LIFC~qIA, FO~4ING AND ~
F6~4ATION OF A ~ FNT~.TTIES DISTRICT, AND
~ZING S%~MITIg~ OF LEVY OF SPECIAL TAXES TO
~kT.~]~)l~'.~
R~{EAS, a public hearing has been held and concluded, and the CITY
(I)~NCIL of the CITY OF ~ ~, C~T.TFC~IA, (hereinaf41e~ referred to
as the "legislative body of the local ;~3enc~'), is desirous at this time to
procccc~ with tb~ es~_~h~l~ of a ._-- ..... ,nity facilities district, pursuant
to the terms and provisi~ls of the "Mello-B0os C~%ity Facilities Act of
1982", beir~ C~0ter 2.5, Part 1, Divisi~ 2, Title 5 of the Govexi-,~ Oode
of the State of California (the "Act"); said 'C~u%ity Facilities District
shall here/hafner be referred to as ~ FACILIT~FR DISSeCT NO. 93-3
(FOOTHIIL FI~RKEi~q3~) (hereinafter referred to as the "District"); and,
WHEREAS, this legislative body has further declared its intent that
the authorized public facilities be financed through the issuance of bonds,
said bonds secured bythe levy of a special tax; and,
WHEREAS, at any time before or after the formation of the District,
this legislative body may accept advances of funds and/or w~rk in kind frc~
any source; however, no reimbursement and/or repayment shall be __m~de__~- for said
advances until expressly set forth by agreement and/or P~solution of this
legislative body setting forth the amount, terms and conditions for any
re~ and/or repayment; and,
WHEREAS, all c~Lnications relating to the est_~blishment of the
District, the facilities and the tax rate have been presented, and it has
further been determined that a majority protest as defined by law ba~ not been
received against these proceedings; and,
WHEREAS, inasmuch as there are less than twelve (12) registered
voters residir~ within the territory of the District, and have been for at
least the preceding ninety (90) days, this legislative body is desirous to
subnit the levy of the r~Hred special tax to the 1~ of the District,
said landowners being the qualified electors as authorized by law.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does
hereby resolve as follows:
SECTION 1. That the above recitals are all true and correct.
S~fION 2: ~nat the written protests received, if any, do not
represent a majority protest as defined by the applicable provisions of the
Act.
~esolutionNo. 93-227
Page2
S~CTIC~ 3. The "Report", as now suhnitted, including changes and
modifications, if any and as appli~ble, shall stand as the '~epc~t" for all
future px~c~dlngs and all terms and contents are approved as set forth
NAME OF DISTRICT
SECTION 4. That this legislative body does hereby est~_blish and
declare the fo~=mation of the O~:.,~nity Facilities District known and
designated as "~ FAC~7.1TIES DISTRICT NO. 93-3 (~,T. ~CE)".
BOUNDARIES OF DISTRICT
SECTION 5. That the boundaries and parcels of land in which the
public facilities are to be provided and on which special ta~s will be levied
in order to pay the costs and expenses for said public facilities are
generally described as follows:
All property within the boundaries of ~ FACII,ITIES
DISTRICT NO. 93-3 (FfXDTMIIL MA~TPLAC~), as shown on a boumdm~ map as
previously approved by this legislative body, said map designated by the name
of this C~..~nity Facilities District, a copy of which is on file in the
Offioe of the City Clerk. The b~ map of the proposed District barn been
filed pursuant to Sections 3111 and 3113 of the Streets and Highways Code of
the State of California in the office of the County P~ccrder of the Ccunty of
San Bernardino, at Page 61/62 of Book 67 of the Book of Maps of Assessment and
(k~,..-,nity Facilities Districts for said County.
DESCRIPTION OF FACilITIES
S~C!~/ON 6. A general description of the public capital facilities
which this legislative body is authorized by law to construct, prooeed/ngs,
are generally described as follows:
The Acquisition and/or construction of certain public capital
facilities, g~rally descriks~ as street ~ to Foothill Boulevard
frc~ Interstate 15 to Etiwa~ A~e and to Etiwanda Avenue from Foothill
Bouleward to ~tely 1,000 feet southerly of Foothill Boulevard; storm
drain i~ frc~ Foothill Boulevard southerly and w~-terly to Azrow
~oute; sewer i~ frc~ Foothill Boulevard a~d Etiwanda Avenue w~cerly
ar~ southerly to Arrow Route; on-site water ~ within the District;
water i~ in Foothill Boulevard and Etiwanda Avenue; a portion of the
Arrow ~oute stok%~ dra{n facility, a portic~ of the Foothill Boulevard and
Interstate 15 interchanc3e i~ and appurtenances and appurtenant work.
In addition to financing the above described facilities, those
incidental expenses described in said final '~pc~t" are also approved and
authorized.
1%esolutio~ No. 93-227
p m3
S~CTTON 7. Except where ~ are otherwise avail_~ble, a special
tax, secured by recordatic~ of a oc~/nuin~ lie~ against all r~ real
approval, to be levied annually within the boundaries of said District.
by majority protest pur~mnt to Section 53324 of the Go~lm~ COde of the
appcxtio~m~t of the pzq~t ~H~:~ct~,~ tax, referenoe is made to the a~
and ~,~x~ated Exhibit "A:, %ahich sets forth in sufficient detail the method
of approti~ to allc~ eac~ landowner or resident within the
said person will have to pay for said facilities. Said ~c~a] tax shall be
utilized to pay for the financing of the previously described facilities, and,
as applicable, to pay debt servioe on authorized bonds to assist in financing
said facilities.
~he special taxes herein authroized shall be collected in the
same manner as ad valorem property taxes and shall be subject to the same
penalties, procedure, sale and lien priority in any case of delinquency, as
applicable for ad valorem0 taxes; however, as applicable, this legislative body
may establish and adopt an alternate or supplemental procedure as
Tnis legislative body further authorizes that the special tax~s
may be prepaid and satisfied by the payme__at of the amount calculated pursuant
to such procedures as may be set forth and adopted by Resolution of this
legislative body.
Upon recordation of a Notice of Special Tax Lien pursuant to
Section 3114.5 of the Streets and Highways Code of the State of California, a
continuing lien to secure each levy of the special tax shall attach to all
non-exempt real property in the District ard this lien shall continue in foroe
and effect until the special tax obligation is prepaid and permanently
satisfied and the lien cancelled in accordance with law or until collection of
the tax by the legislative body ceases.
PREPARATION OF ANNOAL TAX ROLL
S~TION 8. The name, address and telephone number of the office,
department or bureau which will be responsible for preparing anmmally a
current roll of special tax levy obligations by Assessor's parcel number and
which shall be responsible for estimating future special tax levies pur~mnt
to Section 53340.1 of the Gover, u~nt Code of the State of California, are as
follows:
FINANCE DEPARIM~T
CITY OF RANCHO ~
10500 CIVIC C]D~fER ~
RANC}{O ~, CA 91730
TFLFPHONE: (909) 989-1851
Resolution No. 93-227
S~/ON 9. It is hereby further detelmdned by this legislative body
that all proceedings prior hereto w~re valid and taken in conformity with the
re~,~~ of the law, and specifically the provisions of the Act, and that
authorization of Section 53325.1 of the Govel~.,~nt Oode of the State of
Califu~] da.
SECTIC~ !0. The description of the public capital facilities, as set
forth herein, is general in its nature. The final nature and location of
~ and facilities will be detersit,d upon the preparation of final
plans and specifications. The final plans my show substitutes in lieu of, or
modification to, the proposed w~rk in o~-der to accomplish the wo~=ks of
i~, and any such substitution shall not be a chan~e or modification
in the proceedings as lc~g as the facilities Ufovide a service substantially
similar to that as set forth in this Resolution.
S~CTION 11. Any landowner or resident who feels that the amount or
fcxm~tla of the special tax is in error my file a notice with the Agency
aIT~3 ing the levy of the special tax. An appeals panel of 3 members, as
appointed by the Agency, will then meet ar~ proptly review the appeal, and if
necemm~, meet with the applicant. If the findings of the Appeals Board
verify that the tax should be modified or changed, a rec~,,~axlation at that
time will be made to the Agency and, as app~iate, the special tax levy
shall be oc~v~%ed, and if applicable in any case, a refund shall be grants--d_.
Interpretations may be made by the Agency by Resolution for
putpomes of clarifying any vagueness or ambiguity as it relates to any
category, zone, rate or definition applicable to these proceedings.
SMCTI0~ 12. This legislative body herewith subnits the levy of the
special tax to the qualified electo~ of the District, said electo~ being the
· ~k~ners of the ~opumed District, with each ~ havir~ one (1) vote
C~mmmity Faiclities District.
o~bimed and consolidated with the p~v~sition relating to the incurring of a
bomded ' _n~e__btedness. ~ Resolution shall not constitute the notice of the
ir~ebt~dmess shall comstitute the notioe of the combined election relating to
the bonded im~ebtedne~ and authorization for the special tax levy.
Resolution No. 93-227
Page5
PASSq~, ~, ar~ADO~th/s lstdayofDeo~mbe~, 1993.
Al~r, Buquet, Gutierrez, Stout, Williams
City Clerk
I, DFRRAJ. ADAMS, CITY cLFRK of the City of Rancho~m~nga, California, do
hereby oertify that the foregoing Resolution was duly p~ed, ap~, and
adopted by the City Council of the City of Rancho O~w~ga, California, at a
regular meeting of said City Council held on the lstday of December, 1993.
Exeoated this 2nd day of Deo=mhor, 1993, at Rancho O~camonga,
California.
, City Clerk
]%esolutic~ No. 93-227
Page6
~ FA~.TTIES DISTRICT NO. 93-3
EXHIBIT
RATE AND ~ OF A~k~Wl~,(~qT OF SPm~AL TAX
The Resolutio~ of Intentic~ refers to this Exh/bit f~r an explanatic~ of the
rate and method of apporti-~-m~_nt of the Special Tax so as to allow each
1~ within the pxopo~ District to es~_~mate the maxim~ annual
of the Special Taxes to be levied.
A Special Tax applicable to eac~ Assessor's Parcel in C~ta~unity Facilities
District No. 93-3 (herein"CFD NO. 93-3") shall be levied and collected
acco~-ding to the tax liability determined by the City Oouncil of the City of
Rancho O~amonga acting in its capacity as the legislative body of CFD No. 93-
3 (herein the "Council") through the application of the appropriate amount or
rate for "Taxable Property" as described below. All of the Taw~__ble Property
in CFD NO. 93-3, unless ~ by law, shall be taxed for the purposes, to
A. DEFINITIONS
"Acre" _m~___ns the area of each Assessor's Parcel as shown on the San
Bernardino County Assessor's Maps.
"Act" means the Mello-Roos C~m,~u%ity Facilities Act of 1982, as amended,
being C~apter 2.5 (c~m~ncing with Section 53311) of Division 2 of Title 5
of the California Gove~-~/fc Code.
"Assessor's Parcel" menas a parcel of land as designated on a map of the
San Berna~itno County Assessor and which parcel has been assigned a
discrete identifyin~ number.
"Bonds" means the bonds of CFD No. 93-3 issued and sold to finance public
facilities which are necessary to the development of the pr~ within
CFD No. 93-3.
"City" means the City of Rancho Cucamonga, California.
"Debt Service" means the amount of principal and interest on the bonds or
other debt which must be paid frc~ the Special Taxes levied in each Fiscal
Year on Taxable Property.
"Facilities" _me~__ns those public facilities identified in the ]~4Dc~t of
NBS/Lowry as Special Tax Consultant for CFD No. 93-3 on file in the Office
of the City Clerk.
~esolutic~No. 93-227
"Fiscal Year" menas the period starting on July 1, and end/rig the
following June 30th.
'9~aximum Special Tax" means the maximum Special Tax, determined in
aocordance with Section C, that can be levied by the Oouncil in any Fiscal
Year for eac~ parcel of Taxable Property.
'~ax~__ble Property" is all of the parcels within the boundaries of CFD No.
93-3 whic~ are not ex~ frc~ the Special Tax pursuant to law.
B. DEi~/~%TION OF TAXABLE PROPERTY
On March 1 of each year, all Tawable Property within CFD No. 93-3 shall be
deterre/ned and shall be subject to tax in accord_a_nce with the rate and
method of apporti~ d~ pursuant to Sections C and D below.
The Council shall not impose any Special Tax on land c~ned by a public
agency as of the date of the formation of CFDNo. 93-3.
Each parcel of Ta~ble Property shall be subject to a Maximum Special Tax
rate of $20,000 per acre and shall be levied as long as necessary for each
parcel of Taw~_ble Property to pay for authorized facilities and to
d~-~charge authorized bond obligations or other debt of CFDNo. 93-3.
D. ~ OF APPORTI~ OF THE SPECIAL TAX
The Council shall determine the amount of money required to be collected
frc~ Tawable Property in CFD No. 93-3 in each Fiscal Year. Suc~ amount
shall include the sums nec~y to pay for current debt service on
indsbt~e~s of CFD No. 93-3, to create or replenish reserve funds
dete~m/ned necessary by CFD No. 93-3, and to pay administrative expenses,
om~t~uction expenses and acquisition expenses to be paid frc~ Special Tax
proceeds (the "Special Tax ~squir~ent,'). The Council shall levy the
Special Tax as follows until the amount of the levy equals the Special Tax
An equal pero~ of the Maximum Special Tax Rate applic~_ble to all
Ta~hle Prc~ty shall be levied on each parcel of Taxable Property
for such Fiscal Year.
E. MANNER OF (IMLFCTIC~
real property ~ shall be collected thr~ a direct billing ~zDoedure
by the Treasurer of the City. The Oouncil reserves the power to provide
Resolution No. 93-227
ges
for alternative __m~m~_ns of collection of Special Taxes as permitted by the
Act. In the event of a delinquency, CFD No. 93-3 will pursue forecloeure
in a timely manner.
F. REVIle/APPEAL BOARD
The Council shall estm_blish, as part of the proceedings and administration
of CFD No. 93-3, a special Review/Appeal Board. Any ~ ~ho feels
that the amount of the Special Tax, as to their parcel, is in error, may
file a notice with the Review/Appeal Board .~n~l{r~j' the ~.r'%m~c of the
interpret this Rate and ~ of Ap~xoti0~ment of the S~ecial Tax and