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HomeMy WebLinkAbout92-238 - Resolutions RESODlZ~C~ NO. 92-238 A REKK/3TZC~ OF ~HE CITY OOtMCIL OF ~HE CITY OF RANCBO ~, CALIPCI~IA, DECXARIM3 AND ESq~BLI~MIN3 AN ]M~B~V~'~TAREAWIIHrNANEXISTIN3~F~EZLiTZES DISIRI~, AND AIYIB3RIZING SUBMITEAL OF LEVY OF AN NHB~EAS, a public hearing b~-~ been held and concluded, and the City Council of the City of Ranc~o Cucam~nga (the "City OouBsil") is des]xc~ at th~ time to proceed with the establishment of an inl3z~vement area within an e~-~cing c~mamity facilities district, being O ..... mity Facilities District No. 91-1 C ich=ia O -,-mity) of the City of Ranaho Cucammga (the "District"), pursuant to the terms ~ provisicrs of the '~4ello-Roos C~m~nity Facilities Act of 1982", being Chapter 2.5, Part 1, Divisial 2, Title 5 of the Gove~zment Code of the State of Califo~da, said ]~enent Area shall DISIRICT NO. 91-1 (VICTORIA ~) OF ~HE CITY OF RANfBD CUCAM3NC~t NHI~EA5, all cohmzlicaticrs relating to the establishment of the presented, and it ba-~ further been determined that a majority protest as WHEREAS, ir~h as there are less than twelve (12) registered voters residing within the territory of the District, and have been far at subnit the levy of the additic~nl special tax to the Lm3daenez~ of the Improvement Area, said landowners being the qualified electcws as authorized bylaw. NC~, ~HEREK~E, the City Council of the City of Rancho C~ does hereby resolve as follows: SECTION 2: ~lnt the written protests received, if any, do not represent a majority protest as defined by the applicable provisions of the "C~anlity Facilities Act of 1982". Resoluticn No. 92-238 ~je2 modificatiels. if any and as applicable, shall stand as the 9%epmrt" fcr all therein. NAMEOF]~DV~NTAREA SMCT/flq 4: ~hat th/s legislative body doee here~ establish an ~ area known and c~esi~at~d as "]~t~OV~T AREA NO. 1 OF C~ FAc.,,,'r,.-~ DLqlRICT NO. 91-1 (VI~ ~) OF ~ME CITY OF ~ Bf~M)ARIESOFIMFROVE~1~AREA SECEION 5: Ihat the boundaries and parcels of ]and c~ which the fcr the previously auth~rize~ public facilities are generally described as follows: All property within the boundaries of IP~RTv~4~T AREA NO. said map designated by the name of this Improv-~c Area, a copy of which is ~n file in the Office of the City Clerk. ~he boundary map of the proposed Im~ Area has been filed pursuant to Sections 3111 and 3113 of the Streets and Highways Code of the State of Califurnia in the Office of the CountyReourderoftheCountyofSanBernard/no, atPage of Bo~k __ of the Book of Maps of Assesement and C~_,.,unity Facilities Districts for ~idCmmty. SECEICN 6: EMoept where funds are otherwise available, an additic~a] special tax, secured by reccrdaticm of a cc~ctnuir~ lien against all non- subject to voter approval, to be levied annually within the boundaries of said Imlx~we~nt Area has not been precl,_~w~ea~ by majority prutest pursuant to Section 53324 of the Gove~-i~ Code of the State of California. For Exhibit "A", which sets furth in sufficient detail the method of appmrtiM estimate the probable annual amount and the maximm amount of the additional utilized to pay for the financir~ of the previously authorized facilities, and, as appli_~_ble, to pay debt service cn authorized bonds of the District to assist in financing said facilities. Resolutic~ No. 92-238 may be prepaid and satisfied b/such procedure as is set forth in Exhibit "A" hereto. ' Upon retardation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets ar~ High~ey~ Code of the State of California, a ~ lien to secure each levy of the special tax shall attach to all in force and effect until the special tax obligatim is prepaid and S~CTIfM 7: ~he name, address and tele~ number of the office, de~ert~ent cr h=BaU which will be respuns~le fcr pre~3ring ~ly a current roll of special tax levy obligations b~ Assesscr's paruel n~mhgr~ and to Sectic~ 53340.1 of the Goveiimex~ (bde of the State of Califcrrkia, are as follows: r.TNDA DANT~R, DEPUTY CITY MANAGER ClTYOF~~ 10500 CIV/C ~ ~ ~ CL~n/4~EA, CA 91729 (714) 989-1851 FINDZNG OF V~T,TnITY SECT/ON 8: It is hereby further determined by tbi-~ legislative body require~r~s of the law, and specifically the provisi~ of the C~mmUnity Facilities Act of 1982", axed that this findir~ axld determinatien is made pursuant to the provisions and authcrizatim of Sectira 53325.1 of the GoversMent Code of the Sate of California. fc~mlla of the spec/al tax is in error my file a notice with the ~x/ency appeal/rig the levy of the special tax. An a~eals panel of 3 meters, as necessary, meet with the applicant. If the findings of the Appeals Board Resolution No. 92-238 Page4 Interpretations my be made by the ~jency by Resoluticm for purposes of clarifyin~ any ~ or ambiguity as it relates to any category, zcne, rate or definitic~ applicable to these prx~M~n~. S~CTI~ 10: ~ legislative body herewiG suknits the levy of the havin~ one (1) vote for each acre or portion thereof of land which he or she at a special election to be held cn the 2rid day of Septamber, 1992, and said election shall be a s~ecial election to be conducted by the City Clerk ("Electiota Official"). If the propceiticm for the levy of the special tax receives the approval of l~ore thall two-~ (2/3) of the votes c~et (FI the l~ro[~sitic~, the s[~cial tax my be levied as pk~vicled for in this Resoluticm. voters at the election shall generally be as follows: PROPOSITIC~ NO. A: Shall ~ty Facilities District No. 91-1 (Victoria ~ty) of the City of YES Rancho Cuc~rn~ (the "District") levy an additional District to pay debt service on lxxlds, pay for previously authorized facilities and pay inci__ae_~ expenses relating to the bonds and facilitites. fis(R~ year 1993-1994, sha~l the api3roE3riaticr~ ]~m{t, as defined by subiivision ~) of Section 8 of Artic/e YES XIII B of the California Ccr~citution, for ~ ArBa No. i of O ..... -~ity Facilities District No. 91-1 (Vicu=ia c~_mity) of the City of Ran~o ~ NO be an ~runt equal to $7,000,0007 after the word '"/ES" shall be ccurfced in fa%~r of the adoption of the of said propoeition. Resolutic~No. 92-238 Page5 SBETIC~ 12: ~he Electi~l Official is hereby authorized to take any ar~ all stepe necessary for the holding of said electi~l. Said Electic~l and ~ with the corauct of said electiel, and said services shall include, hut not be limited to the following activities as are appropriate to the subject election: 1. Prepare ar~ furP~-~h to the election officers, necessary electiota supplies for the conduct of the electice~. 2. Cause to be printed the requisite number of ballots, talley sheets and other necessary forms. 3. Furn~-~h and address official ballots for the qualified electors of the I~ Area. 4. Cause the official ballots to be mailed and/or delivered, as required by law. 5. Receive the returns of the electic~ and supplies. 6. Sort and ~-~le the electic~ material and su~olies in preparaticm for the canvassing of the returns. 7. Canvass the returns of the electim. 8. Furnish a ~__bulaticm of the r~mh~r of votes given in the election. pay all costs of the electic~ incurred as a result of services performed by the ]3~ Area and pay costs and expenses of all electicm officials. 10. Conduct and handle all other matters relat/ng to the law. PASSED, APP~, and ADO~ this 2rid day of Se~zember, 1992. AYES: Alexazder, Stout, Willjams, Wright NOES: None Resolutiom~ No. 92-238 rage6 I, D~R~A J. ADAMS, CITY ~.N~K of the City of Rancho ~, ~ ~k~md by Um city c~rcil of Um City of California, at a ~~ ~~ of ~d Ci~ ~~ ~d ~ ~ 2~ ~y of ~, 1992. ~ ~ 3M ~y of ~, 1992, at ~if~a. Resoluticm No. 92-238 June 15, 1992 EXHIBIT D RATES AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR IMPROVEMENT AREA NO. 1 OF COMMUNITY FACILITIES DISTRICT NO. 91-1 (VICTORIA COMMUNITY) OF THE CITY OF RANCHO CUCAMONGA A Special Tax, the "Special Tax(es)" (defined below), shall be applicable to each Parcel (defined below) located in Improvement Area No. 1 of Community Facilities District No. 91-1 (Victoria / Community) of the City of Rancho Cucamonga (hereinafter "Improvement Area No. 1" and "CFD No. 91-1"). The amount of Special Tax to be collected from each Parcel in any Fiscal Year (defined below) shall be determined in accordance with the rate and method of apportionment described below. All of the property in Improvement Area No. 1 unless exempted by law or Section F below, shall be taxed for the purposes, to the extent, and in the manner provided herein. A. DEFINITIONS "Assessor's Parcel Map" means an official map of the County Assessor of the County of San Bernardino designating Parcels by Assessor's Parcel Number. "Developed Property" means, as of July 1 of any Fiscal Year, all Parcels for which a final subdivision map, parcel map or functionally equivalent map or instrument creating lots or parcels for commercial and industrial development or creating lots or parcels upon which residential units may be constructed has been recorded prior to March 1 of the preceding Fiscal Year. "Exempt Property" means any Parcel or other property within Improvement Area No. 1 described in Section E which is exempt from the levy of the Special Tax. 92-86/Exhibit D Resolution No. 92-238 Page8 June 15, 1992 "Fiscal Year" means the period starting on July 1 of any year and ending the following June. 30. "Full Buildout" means the Fiscal Year in which all Taxable Property within Improvement Area No. 1 is classified as Developed Property for purposes of levying the Special Tax. "Net Taxable Acre" means an acre of Developed Property or Undeveloped Property, exclusive of property exempted by law or the provisions of Section F below from the Special Tax; the acreage calculation for Developed Property will be based on the dimensions as shown on or calculated from the recorded final subdivision map, parcel map, or functionally equivalent map or insmmaent; the acreage calculation for Undeveloped Property shall be the acreage shown on or calculated from the Assessor's Parcel Map. "Parcel" means a lot or parcel shown on an Assessors Parcel Map with an assigned Assessor's Parcel number as of the date of the levy of the Special Taxes for each Fiscal Year. "Special Tax Requirement" means that amount required in any Fiscal Year to pay: (1) debt service on all Bonds or other indebtedness of the District, (2) costs incurred by the City in the annual levy and collection of the Special Taxes, (3) other reasonable costs related to the administration of the Bonds, and (4) any mounts required to replenish any reserve funds established in association with the Bonds. In calculating the Special Tax Requirement for a Fiscal Year items (I) through (4) shall be net of bond reserve earnings and other interest earnings described in the bond resolution for the Bonds reasonably expected to be available, except those earnings that may be required for rebate purposes. 92-86/Exkibit D Resoluticm No. 92-238 Page9 June 15, 1992 "Special Tax(es)" means the Special Tax to be levied in each Fiscal Year on all Parcels to fund the Special Tax Requirement. "Taxable Property" means all Parcels in Improvement Area No. 1 which are not exempt from the levy of Special Taxes pursuant to law or Section E below. "Undeveloped Property" means all Parcels in Improvement Area No. 1 which are not classified as Developed Property or Exempt Property. B. ASSIGNMENT TO TAX CLASS For each Fiscal Year, all Parcels within Improvement Area No. 1 shall be classified either as Developed Property, Undeveloped Property, or Exempt Property and shall be subject to the levy of the Special Tax in accordance with the rates and method of apportionment set forth in Sections C and D below. C. MAXIMUM SPECIAL TAX RATES 1. Developed Property The Maximum Special Tax for each Parcel of Developed Property shall be $10,000 per Net Taxable Acre. 2. Undeveloped Property The Maximum Special Tax for each Parcel of Undeveloped Property shall be $8,600 per Net Taxable Acre. 92-86/Exhibit D Resolution No. 92-238 pacje, ',o June 15, 1992 D. METHOD OF APPORTIONMENT OF THE SPECIAL TAXES On or prior to August 1 of each Fiscal Year or such other date as may be established by law, the Special Tax Requirement for such Fiscal Year shall be determined and the Special Taxes levied as follows: Step 1: The Special Taxes shall be levied on all Parcels of Developed Property at 100 percent of the Maximum Special Tax Rate; however, if this amount exceeds the Special Tax Requirement, the levy of Special Taxes on all Parcels of Developed Property shall be proportionally decreased until the revenues produced thereby will be equal to the Special Tax Requirement. Step 2: If the revenues which may be produced by levying the Special Tax pursuant to Step 1 are less than the Special Tax Requirement, the Special' Taxes shall be levied proportionally on all Parcels of Undeveloped Property up to 100 percent of the Maximum, Special Tax Rate to produce aggregate revenues equal to the Special Tax Requirement. E. EXEMPTIONS A Special Tax shall not be levied on the following properties which may as of the date of formation of Improvement Area No. 91 - 1 be: · Properties owned by state, federal, or other local governments, except as otherwise provided in Section 53317.3 of the Government Code; · Property within Improvement Area No. 1 which is dedicated for the purposes of constructing CFD funded road facilities; 92-86/Exhibit D Resolution No. 92-238 June 15, 1992 · Property within Improvement Area No. 1 to be dedicated to or owned by the Southern California Edison Company, the use of which is limited to utility purl:~ses. · Those Parcels at entry ways and along perimeter areas used for landscaping which are dedicated to and maintained by the City. Notwithstanding the above, Parcels or portion of Parcels conveyed or irrevocably offered for dedication to a public agency after formation of Improvement Area No. 91-1, and not otherwise exempt pursuant to this Section E, shall be subject to the levy of the Special Taxes pursuant to Section 53317.3 or Section 53317.5 of the Government Code and classified as Undeveloped Properly. F. MANNER OF COLLECTION Except for the prepayment of Special Taxes as provided for herein, the Special Taxes shall be collected in the same manner and at the same time as ad valorera property taxes, provided; however, that the City Council may authorize the collection of delinquent Special Taxes by judicial foreclosure proceedings pursuant to Section 53356.1 of the Government Code. G. PREPAYMENT AND SATISFACTION OF SPECIAL TAX OBLIGATION The Special Tax obligation for a Net Acre of Developed Property and Undeveloped Property may be prepaid and permanently satisfied by the owner as follows: 1. Prepayment Prior to Full Buildout The amount to discharge the Special Tax obligation of any Net Taxable Acre of Developed Property or Undeveloped Property within the Improvement Area prior to Full Buildout shall be (i) the remaining bond principal outstanding, plus (ii) any premium required to be 92-86/Exhibit D Resolution No. 92-238 June 15, 1992 paid on the payoff date for all outstanding bonds, less (iii) the Bond Reserve Fund, multiplied by 1.15, divided by the total Net Taxable Acres in the Improvement Area. The amount derived on a Net Acreage basis shall be multiplied by 1.15 to determine the payoff amount on a Net Acreage basis for Developed Property and 1.0 to determine the payoff amount on a Net Acreage basis for Undeveloped Property. 2. Prepayment After Full Buildout The amount to discharge the Special Tax obligation of any Net Acre of Developed Property or Undeveloped Property within the Improvement Area after Full Buildout shall be (i) the remaining bond principal outstanding, plus (ii) any premium required to be paid on the payoff date for all outstanding bonds, less (iii) the Bond Reserve Fund, multiplied by 1.15, divided by the total Net Acres in the Improvement Area. Notwithstanding the foregoing, no prepayment shall be made on any Parcel of property in Improvement Area No. 1 until such time as no more Bonds will be issued by the City for Improvement Area No. 1, as determined by the Council. 92-86/Exhibit D Resoluticn No. 92-238 Page 13 coea~ OF SAN BERNARDIN3 ) ss. CTTYOFRAMZ~O~ ) I, DEBRA J. ADA~, RVRCTIC~ OFFICIAL OF THE CITY OF RANCP~ CUCAMDNGA, COUNTY OF SAN BERNA~D~, M OF C3~J3CSTIA, DO HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Govermm~t Code and Division 12, cka,.t~,~ing with Section 17000 of the Elections Code of the State of Californ/a, I did canvass the returns of the votes cast at the CCM~MTTY F~C~.PEIES DISTRICT NO. 91-1 (VICTCRIA ~) OF THE CITY in said City, held Se~ 2, 1992. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in said ~t Area in said City, ar~ the whole number of votes cast for the Measures in said ~t Area in said City, and the totals of the respective colrams and the totals as shown for the I. TUEALNTa~RROF~3TESCAST: WITNESS mY hand and Official Seal this __ day of , 1992. k'ff.~f_TION OFFICIAL CITY OF RANCHO CUCAMONGA g]RTE OF CALIFORNIA