HomeMy WebLinkAbout07-131 - Resolutions RESOLUTION NO. 07-131
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 2007-2008
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. 07-131
Page 2 of 9
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. 07-131
Page 3 of 9
PASSED, APPROVED, AND ADOPTED this 6`" day of June 2007.
AYES: Gutierrez, Michael, Spagnolo, Williams
NOES: None
ABSENT: Kurth
ABSTAINED: None
Diane Williams, Mayor Pro Tem
ATTEST:
e ra J. Adm , 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 6`" day of June 2007.
Executed this 7`" day of June 2007, at Rancho Cucamonga, California.
&' C&-"�
Debra J. Ad CMC, City Clerk
Resolution No. 07-131
Page 4 of 9
CITY OF RANCHO CUCAMONGA
COMMUNITY FACILITIES DISTRICT NO. 88-2
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 2007/2008.
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:
1. DEVELOPED PROPERTY All property identified as a single Tax Assessor'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"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 2007/2008 are as follows:
Resolution No. 07-131
Page 5 of 9
Taxing Classification Tax Rate
1. DEVELOPED PROPERTY
A. Residential Class I $735 per year
(More than 3,590 square feet of
dwelling unit living area)
B. Residential II $544 per year
(3,077-3,589 square feet of
dwelling unit living area)
C. Residential III $408 per year
(2,564-3,076 square feet of
dwelling unit living area)
D. Residential Class IV $326 per year
(2,308-2,563 square feet of
dwelling unit living area)
E. Residential Class V $272 per year
(2,051-2,307 square feet of
dwelling unit living area)
F. Residential Class VI $190 per year
(Less than 2,051 square feet of
dwelling unit living area)
2. UNDEVELOPED PROPERTY
All Undeveloped Property $1,190 per acre per year **
Resolution No. 07-131
Page 6 of 9
* 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 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 78%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. 07-131
Page 7 of 9
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.
Resolution No. 07-131
Page 8 of 9
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 2007/2008 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) *
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