HomeMy WebLinkAbout91-228 - Resolutions RESOLUTIC{q NO. 91-228
A RESOLUTION OF THE CITY <DHqClL OF THE CITY OF RANCHO
~, CALIln~gIA, ESTABLISHING AND AMEND/]qG ANN~AL
~TAXFORA~FAC37.TTIESDISTRICT
WHEREAS, the City Council of the City of Rancho Cucamo~ga,
California, (hereinafter referred to as the "legislative bod~'), has initiated
procemdi~q~, held a public hearing, conducted an electio~ and received a
favorable vote from the qualified electors relating to the levy of a special
tax in a cc,,~-,~ity facilities district, all as aut/ac~ized pursuant to the
terms and t~rovisions of the '94ello-Roos Cu,~-,nity .Facilities Act of 1982",
being Chapter 2.5, Part 1, Division 2, Title 5 of the C~err~ent Code of the
State of California. ~ Cc~ty Facilities District shall hereinafter be
referred to as ~ FACILITIES DISTRICT NO. 88-2 (hereinafter referred to
as the "District"); and
WHEREAS, this legislative body, by Ordinance as authorized by Section
53340 of the Govermmant 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; and
WHEREAS, at this t/me this legislative body is desirous to amend the
previously established annual special tax for the next ensuir~ fiscal year and
this Resolution, upon its adoption, will repeal previously adopted Resoluti~
No. 91-215.
NOW, HI~EREFORE, the City Council of the City of Rancho Cucamonga does
hereby resolve as follows:
S~L~fION 2: That the specific rate and amount of the sp~c..~ ial tax to
be collected to pay for the costs and expenses for the next fiscal year (1991-
1992) for the referenced District is hereby detex~nined and es~eblished as set
forth in the attached, referenced and inoorporated Exhibit "A".
S~L"rION 3.: That the rate as set forth above does not exceed the
amount as previously authorized by Ordinance of t_his l~islative body, and is
not in excess of that as previously approved by the qualified electors of the
District.
S~CTION 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 follow/rig order
of priority:
A. Payment of principal .of and interest on any outstarding
authorized bonded indebtedness;
B. Neoessary replenishnent of bond reserve funds or other
reserve funds; and
Resolution No. 91-228
Page2
C. Payment of costs and expenses of authorized public
facilities and public services; and
D. Repayment of advanoes and loans, if appropriate.
The proceeds of the special taxes shall be used as set forth
ordinary ad valorem property taxes are collected, and shall be subject to the
same penalties and same prooedure and sale in cases of any delir~ for ad
valore~ taxes, and the Tax Collector is hereby authorized to deduct reasona~ble
ad--rive costs incurred in collecting any said special tax.
C~m,unity Facilities District funds, including any bo-nd fund and reserve fund.
SMCTION 7: A listing of all parcels subject to the special tax,
together with the applicable tax to be levied for the next year, shall be
filed with the County Auditor on or before the 10th day of August of this
year. It is hereby further directed that a oertified copy of this Resolution
also be filed with the Ocunty Auditor on or before the 10th day of August of
lot or parcel of land effected in space marked '~=ublic ia~rov~, special
tax" or by any other suit_~ble designation, the installment of the special tax.
S~CTION 9: The Oounty Auditor shall then, at the cloee of the tax
the amount and/or amounts of such special tax installments, interest,
also tmx~vide a stat~ of any peroe~ retained for the expense of making
Besolution No. 91-215 as previously adopted by this City Council, and the rate
PASS~, AP~, and ADOPTED this 7th day of A~gust, 1991.
AYES: Alexander, Buquet, Stout, Williams, Wright
Resolution No. 91-228
Page3
D~6ra J. ~%ms, City ~lerk
I, DEBRA J. ADAMS, CITY CLk~K of the City of Rancho Cucamo~,
California, do hereby certify that the foregoing Resolution was duly passed,
approved, and adopted by the City Council of the City of Rancho Cu~,
california, at a regular meeting of said City Council held on the 7th day of
A_~-t, 1991.
Executed this 8th day of August, 1991 at Rancho Cucamonga,
California.
D~ J. Adams, City ~ler~
Resolution No. 91-228
Page4
CITY OF RANCHO CUCAMONGA
COI~lt~.INITY FACILITIR~ DISTRICT NO. 88-'2
F, XHIBn' "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 1991/92.
SFECIAL TAX "~' - DRAINAC. tE FACrg.rTIE8
PROPERTY CATEC~RIE8
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 "~,
is: (l) owned by a public entity; (ii) owned by a regulated
public utility and being utilized for transmission or
distribution purposes; or (ill) zoned as open space.
TAXING CLt~S~TION8 AND
SPECIAL TAX *'.~' RATE8
The taxing classifications for the above Property Categories and the authorized Special Tax "A"
rates for Fiscal Year 1991/92 are as follows:
Taxin_~ Classification T~ 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 I~99 per year
(3,077-3,580 square feet of
dwelling unit living area) *
C. Residential III ik524 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
dwellm~ unit ~ area) ·
Resolution No. 91-228
p~e5
Taxin_o Classification T~ Rate
E. Residential Class V 1k349 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 $1,725 per acre peryear ***
* 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.
M~eTHOD 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
~penses").
The annual levy of Special Tax "A" shall be apportioned as follow-s:
STEP 1: The Community Facilities District shall estimate the _~mount 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 '~equlred
Special Tax "A" Revenue").
STEP 2: That equal percentage of the Special Tax "A' rate, not to exceed 91% of the
n~rlm~lrn authorized Sp~ial Tax "A" rate, applicable to all Developed Property
Taxing Classffications 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 w_~mmum 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. 91-228
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 (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 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 '~" - LAW ENFORCEMENT
All Developed Property shall be subject to the levy of Special Tax "B". The authorized Special
Tax '~" rotes for Fiscal Year 1991-1992 are as follows:
Taxin_~ Classification T~ Rate
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 HI /k50.40 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) *
C, Commercial or industrial property $1,000 per acre peryear**