HomeMy WebLinkAbout09-116 - Resolutions RESOLUTION NO. 09-116
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 2009-2010
(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 2009-2010
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 2009-2010 by City staff.
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 Fiscal Year 2009-2010 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
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".
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
expense of making any such collection.
Please see the following page
for formal adoption,certification and signatures
Resolution No. 09-116 — Page 2 of 7
PASSED, APPROVED, AND ADOPTED this TO day of June 2009.
AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
—
onald J. Kurth, .D., Mayor
ATTEST:
J nice C. Rey niblds, City Clerk
1, JANICE C. REYNOLDS, 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 3`' day of June 2009.
Executed this 4'h day of June 2009, at Rancho Cucamonga, California.
h' Ja ice C. Reynolds, City ler
Resolution No. 09-116 – Page 3 of 7
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 2009/2010.
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. 09-116—Page 4 of 7
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. 09-116—Page 5 of 7
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.
Resolution No. 09-116— Page 6 of 7
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