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HomeMy WebLinkAbout06-177 - Resolutions RESOLUTION NO. 06-177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) 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. 2000-01 (South Etiwanda) (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 2006/2007 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 theP roceeds 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. 06-177 Page 2 of A. Payment of principal and interest on any outstanding authorized bonded indebtedness. 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. Please see the following page for formal adoption,certification and signatures Resolution No. 06-177 Page 3 of 6 PASSED, APPROVED, AND ADOPTED this 7th day of June 2006. AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None William J. Alex der, Mayor ATTEST: Debra J. Ad , CMC, City Clerk 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 7th day of June 2006. Executed this 8th day of June 2006, at Rancho Cucamonga, California. Debra J. Ada s MC, City Clerk Resolution 06-177 Page 4 of 6 CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO.2000-01 EXHIBIT "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 2006/2007. SPECIAL TAX PROPERTY CATEGORIES There are two categories of property subject to the levy of Special Tax, which are identified as follows: 1. DEVELOPED PROPERTY All parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. 2. UNDEVELOPED PROPERTY All parcels of Taxable Property not classified as Developed Property, Public Property and/or Property owner's Association Property that are not Exempt Property pursuant of section E. TAXING CLASSIFICATIONS AND SPECIAL TAX RATES The taxing classifications for the above Property Categories and the authorized Special Tax rates for Fiscal Year 2006/2007 are as follows: Resolution No. 06-177 Page 5 of 6 Assigned Special Taxes for Developed Property Community Facilities District No.2000-01 Land Use Category Taxable Residential Floor Area Assigned Special Tax Unit Per Taxable Unit 1.Residential Property D/U 2,301 sq.ft. or greater $500 2. Residential Property D/U 1,801 sq. ft. -2,300 sq. ft. $475 3.Residential Property D/U 1,800 sq.ft.or less $425 4.Non-Residential Acre N/A $3,700 Property Backup Special Tax When a Final map is recorded the backup Special tax for the Parcels of taxable Property within such Final map area shall be determined by multiplying$3,700 by the Net Taxable Acreage in such Final Map and dividing such amount by the number of Parcels of taxable property (i.e. the number of residential lots)within such Final map. If a Final Map within the CFD includes Parcels of Taxable Property for which building permits for both residential and non-residential construction may be issued,then the Backup Special Tax for each Parcel of Residential Property within the CFD shall be computed by the Administrator exclusive of the allocable portion of total Net Taxable Acreage attributable to Parcels of Table Property for which building permits for non-residential construction may be issued. METHOD OF APPORTIONMENT OF THE SPECIAL TAX As commenced in Fiscal Year 2001-2002 and for each following Fiscal Year,the City Council shall determine the Special Tax Requirement and shall levy the Special Tax on all Taxable Property in the CFD until the amount of Special Taxes equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: Resolution No. 06-177 Page 6 of 6 First: The Special Tax shall be levied proportionately on each Parcel of Developed Property at up to 100%of the applicable Assigned Special Tax to satisfy the Special Tax Requirement; Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed,the Special Tax shall be levied Proportionately on each Parcel of Undeveloped Property at up to 100%of the Maximum Special Tax for Undeveloped Property; Third: If additional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed,the Special Tax to be levied on each Parcel of Developed Property whose Maximum Special Tax is derived by the application of the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Parcel; Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed,the Special Tax shall be levied Proportionately on each Parcel of Public Property and/or Property Owner's Association Property that is not Exempt Property pursuant to the provisions of Section E,at up to 100%of the Maximum Special Tax. Notwithstanding the above,under no circumstances will the Special Taxes levied against any Parcel of Residential Property be increased by more than ten percent(10%) per Fiscal year as a consequence of delinquency or default by the owner of any other Parcel of Taxable Property within the CFD. E. EXEMPTIONS The City Council shall not levy Special Taxes on up to 26.04 Net Taxable Acres of Public Property And Property Owner's Association Property within the CFD. Exempt Property status will be assigned by the Administrator in the chronological order in which property becomes Public Property and Property Owner's Association Property. After the limit of 26.04 Net Taxable Acres within the CFD has been reached,the Maximum Special Tax obligation for any additional Public Property and/or Property Owner's Association Property within the CFD shall be subject to the levy of the Special Tax as provided for in the fourth step.