HomeMy WebLinkAbout07-139 - Resolutions RESOLUTION NO. 07-139
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING
ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES
DISTRICT 2001-01 FOR FISCAL YEAR 2007-2008
(IMPROVEMENT AREA NO. 3 ZONE 7), SERIES 2001-B
RECITALS
WHEREAS, by its Resolution No. 01-162, adopted on June 20, 2001, the City
Council of the City of Rancho Cucamonga, California (the "City Council"), pursuant to the Mello-
Roos Community Facilities Act of 1982 (Section 53311 and following of the California
Government Code) (the "Act') established City of Rancho Cucamonga Community Facilities
District No. 2001-01 (the "District') and established within the District an improvement area
designated Improvement Area No. 3 (the "Improvement Area"); and
WHEREAS, at an election held on June 20, 2001, the qualified electors of the
Improvement Area unanimously approved the levy of a special tax against properties in the
Improvement Area (the "Special Tax"); and
WHEREAS, by its Ordinance No. 658 (the "Ordinance"), adopted on July 18,
2001, the City Council authorized the levy of the Special Tax in accordance with the Act; and
WHEREAS, on September 18, 2001, the District delivered its $935,000 City of
Rancho Cucamonga Community Facilities District No. 2001-01 Improvement Area No. 3 Zone 7
Special Tax Bonds Series 2001-B (the "Bonds"); and
WHEREAS, in a Fiscal Agent Agreement dated as of August 1, 2001, by and
between the City and Wells Fargo Bank, National Association (the "Fiscal Agent'), the City
covenanted to fix and levy the Special Tax within the Improvement Area for each fiscal year in
an amount required for the payment of principal and interest on the Bonds becoming due and
payable during that fiscal year, plus administrative expenses, but taking into account certain
balances in funds held by the Fiscal Agent (the "Covenant'); and
WHEREAS, debt service will become due and payable on the Bonds during
Fiscal Year 2007-2008 in an amount exceeding funds held by the Fiscal Agent and designated
for the payment for such debt service; and
WHEREAS, the City Council intends to levy the Special Tax for Fiscal Year
2007-2008 as authorized by the Ordinance and required by the Covenant; and
WHEREAS, the City Council intends to provide for the collection of such Special
Tax for Fiscal Year 2007-2008 by City staff. '
NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1: That the above recitals are all true and correct.
Resolution No. 07-139
Page 2 of 8
SECTION 2: That the specific rate and amount of the Special Tax to be
collected to pay for the costs and expenses for Fiscal Year 2007-
2008 for the District is hereby determined and established as set
forth Exhibit "A" to this Resolution, which is attached hereto and
incorporated herein by reference
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 shall be used to pay, in
whole or in part, the costs of the following, in the following order of
priority:
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, and incidental expenses pursuant to the
Act; and
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 collected pursuant to this Resolution 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".
Resolution No. 07-139
Page 3 of 8
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. 07-139
Page 4 of 8
PASSED, APPROVED, AND ADOPTED this 61h day of June 2007.
AYES: Gutierrez, Michael, Spagnolo, Williams
NOES: None
ABSENT: Kurth
ABSTAINED: None
-
Diane Williams, Mayor Pro Tem
ATTEST:
4b", K V i
Debra J. Ada 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'h day of June 2007.
Executed this Ph day of June 2007, at Rancho Cucamonga, California.
Al, � &'—"'
Debra J. Ada MC, City Clerk
Resolution No. 07-139
Page 5of8
CITY OF RANCHO CUCAMONGA
COMMUNITY FACILITIES DISTRICT NO. 2001-01
(IMPROVEMENT AREA No. 3 ZONE 7)
SERIES 2001-B
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.
CLASSIFICATION OF PARCELS
Each Fiscal Year, all Taxable Property within each Zone of Improvement Area No. 3 shall be
classified as Taxable or Non-Taxable Property and all such Taxable Property shall be subject to
the levy of Special Taxes in accordance with the rate and method of apportionment determined
pursuant to the sections below.
MAXIMUM SPECIAL TAX RATE
A. The Maximum Special Tax and Taxable Acreage for Taxable Property and Taxable
Public Property for each Zone is shown in Table 1.
TABLE 1
Zone Taxable Bond Maximum Tax
Acreage Share Per Acre
Zone 1 — Future RDA 55.00 91.70% $15,230.37
Zone 7— Leggio South 42.74 8.30% $ 1,963.45
B. Assignment of Maximum Annual Special Tax to Successor Parcels.
The Community Facilities District (CFD) Administrator shall assign the
Maximum Annual Special Tax to each Successor Parcel as follows:
Resolution No. 07-139
Page 6 of 8
1) When an Original or Successor Parcel is subdivided, the CFD Administrator
shall classify the resulting Successor Parcels as Taxable Parcels or Tax-
Exempt parcels using the definitions in the rate and method of apportionment
of special tax.
2) If the Successor Parcel is a Taxable Parcel:
Calculate the percentage of the taxable Successor Parcels' square footage to
the total square footage for all taxable Successor Parcels of that Original or
Successor Parcel; then,
Multiply this percentage by the Maximum Annual Special Tax assigned to the
previous Original Parcel or Successor Parcel. The result of this calculation is
the Maximum Annual Special Tax for the Taxable Successor Parcel.
C. Taxable Parcels Acquired by a Public Agency
Taxable Parcels that are acquired by a public agency after the CFD is formed will
remain subject to the applicable Special Tax unless the Special Tax obligation is
satisfied pursuant to Section 53317.5 o the Government Code. An exception to this
may be made if the Public use planned for a Public Parcel within the CFD is relocated
to a Taxable Parcel and the previously Tax-Exempt Parcel of comparable acreage
becomes a Taxable Parcel. This trading of Parcels will be permitted to the extent that
there is no net loss in Maximum Special Tax. It is anticipated that the City will
acquire approximately 55 Acres that will be subject to the Special Tax.
APPORTIONMENT OF SPECIAL TAX
For each Fiscal Year the Council shall determine the Special Tax Requirement and levy the
Special Tax, taking into consideration the levy of the Improvement Area No. 3 Special Tax, until
the amount of Special Taxes and Improvement Area No. 3 Special Taxes equal the Special Tax
Requirement. The Special Tax shall be levied each Fiscal Year as follows:
First: The Special Tax shall be levied on each Assessor's Parcel of Taxable Property in an
amount equal to 100% of the applicable Maximum Special Tax; or
Second: If less 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 Taxable Parcel at less
than 100% of the Maximum Special Tax; provided that the Council may levy an amount in
excess of the Special Tax Requirement if all authorized Bonds have not already been issued.
Resolution No. 07-139
Page 7 of 8
Further notwithstanding the above, under no circumstances will the Special Tax levied against
any Assessor's Parcel of Residential Property for which an occupancy permit for private
residential use has been issued be increased by more than ten percent as a consequence of
delinquency or default by the owner of any other Assessor's Parcel within Improvement Area
No. 3, except for those Residential Properties whose owners are also delinquent or in default on
their Special Tax payments for one or more other properties within Improvement Area No.3.
Community Facilities District 2001-01
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