HomeMy WebLinkAbout90-268 - Resolutions RESOLUTION NO. 90-268
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ESTABLISHING ANNUAL SPECIAL TAX
FOR COMMUNITY FACILITIES DISTRICT NO. 88-2
WHEREAS, the City Council of the City of Rancho Cucamonga (herein-
after 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 herein-
after be referred to as
COMMUNITY FACILITIES DISTRICT NO. 88-2
(Flood Control 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, 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.
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
1990/91 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:
A. Payment of principal of and interest on any outstanding
authorized bonded indebtedness;
Resolution No. 90-268
Page 2
B. Necessary replenishment of bond reserve funds or other reserve
funds.
C. 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 29th day of June, 1990.
AYES: Alexander, Buquet, Stout
NOES: Brown, Wright
ABSENT: None ~~~~
-Dennis L Stbut, Mayor
Resolution No. 90-268
Page 3
ATTEST:
De'bna J. A~a~, City Cl~6k
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 29th day of
June, 1990.
Executed this 2ttd day of July, 1990 at Rancho Cucamonga, California.
De-6ra J. Ada[ms, City Clerk--
Resolution No. 90-268
Page 4
CITY OF RANCHO CUCAMONGA
COMMUNITY FACILITIES DISTRICT NO. 88-2
EXHmIT 'A'
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 1990/91.
SPECIAL TAX "A" - PUBLIC FACILITIES
PROPERTY CATEGORII~
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 PROPER'P/ 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 1990/91 are as follows:
Taxing Classificatlorl 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) *
Resolution No. 90-268
Page 5
Taxln~ 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 liv/ng area) *
G. Commercial or industrial property $2,030 per acre per year **
2. UNDEVELOPED PROPERTY
All Undeveloped Property $456 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.
Resolution No. 90-268
Page 6
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
Classifications 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 {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 $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 {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 '~' - ADDITIONAL POLICE SERVICES
All Developed Property shall be subject to the levy of Special Tax "B". The authorized Special
Tax "B' rates for Fiscal Year 1990-1991 are as follows:
Taxing Classification Tax Ra~¢
1. DEVELOPED PROPERTY
A. Residential Class I $113.28 per year
(More than 3,590 square feet of
dwelling unit living area) *
B. Residential Class II $50.65 per year
(3,077-3,589 square feet of
dwelling unit living area) *
C. Residential Class III $50.40 per year
{2,564-3,076 square feet of
dwelling unit living area) *
D. Residential Class IV $40.32 per year
{2,308-2,563 square feet of
dwelling unit living area) *
E. Residential Class V $33.60 per year
{2,051-2,307 square feet of
dwelling unit living area) *
F. Residential Class VI $23.52 per year
{Less than 2,051 square feet of
dwelling unit living area) *
G. Commercial or industrial property $1,000 per acre per year **
Resolution No. 90-268
Page 7
CITY OF RANCHO CUCAMONGA
MELLO-ROOS COMMUNITY
FACILrrIES DISTRICT NO. 88-2
DRAINAGE CAPITAL FACILITIES
AND
LAW ENFORCEMENT SERVICES
YEARLY STATUS REPORT
JUNE1990
Resolution No. 90-268
Page 8
On June 21, 1989, City Council approved the formation of Community
Facilities District No. 88-2 for Drainage Capital Facilities and Law
Enforcement Services and authorized the annual levy of special taxes to
finance only the drainage facilities and police operations and maintenance
costs.
The annual tax rate is determined by the square footage of the dwelling unit
that excludes all garages and other structures not used for living purposes.
Community Facilities District No. 88-2
Proposed Uses and Sources of Funds
Uses:
Bond Reduction/Police $227,364
Flood $215, 761
Police $11,131
Administration $ 1,924
Delinquent Assessments $ 1,149
Bond Issue Costs $ 20,927
$251,364
Sources:
Interest Revenue $ 24,000
Special Tax $227.364
$251,364