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HomeMy WebLinkAbout89-263 - Resolutions RESOLUTION NO. 89-263 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECI2%RING ;tND ESTABLISHING THE FORMATION OF A COMMUNITY FACILITIES DISTRICT, AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS WHEREAS, a public hearing has been held and concluded, and the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA, (hereinafter referred to as the "legislative body of the local Agency"), is desirous at this time to proceed with the establishment of a community facilities district, 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 of the State of California, said Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 88-2 (hereinafter referred to as the "District"); and, WHEREAS, this legislative body has further declared its intent that the authorized public facilities be financed through the issuance of bonds, said bonds secured by the levy of a special tax; and, WHEREAS, at any time before or after the formation of the District, this legislative body may accept advances of funds and/or work in kind from any source; however, no reimbursement and/or repayment shall be made for said advances until expressly set forth by agreement and/or resolution of this legislative body setting forth the amount, terms and conditions for any reimbursement and/or repayment shall be made for said advances until expressly set forth by agreement and/or Resolution of this legislative body setting forth the amount, terms and conditions for any reimbursement and/or repayment; and, WHEREAS, inasmuch as there are less than twelve (12) registered voters residing within the territory of the District, and have been for at least the preceding ninety (90) days, this legislative body is desirous to submit the levy of the required special tax to the landowners of the District, said landowners being the qualified electors_as authorized by law; and,- WHEREAS, there has been submitted to this legislative body for its consideration, a Purchase/Financing Agreement by and between the District and The Caryn Company, which would authorize the District to acquire the public capital facilities described herein pursuant to the terms and conditions set forth in said Agreement. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: RECITALS SECTION 1. That the above recitals are all true and correct. SECTION 2. That this legislative body does hereby establish and declare the formation of the Community Facilities District known and designated as "COMMUNITY FACILITIES DISTRICT NO. 88-2" Resolution No. 89-263 Page 2 BOUNDARIES OF DISTRICT SECTION 3. That the boundaries and parcels of land in which the public facilities are to be provided and on which special taxes will be levied in order to pay the costs and expenses for said public facilities are generally described as follows: All property within the boundaries of COMMUNITY FACILITIES DISTRICT NO. 88-2, as shown on a map as previously approved by this legislative body, said map designated by the name of this Community Facilities District, a copy of which is on file in the Office of the City Clerk. The boundary map of the proposed District has been filed pursuant to Sections 3111 and 3113 of the Government Code of the State of California in the Office of the County Recorder of the County of San Bernardino, at Page 22 of Book 55 of the Book of Maps of Assessment and Community Facilities Districts for said County. DESCRIPTION OF FACILITIES SECTION 4. A general description of the public capital facilities which this legislative body is authorized by law to construct, own or operate, which are the facilities to be improved under these proceedings, are generally described as follows: The construction, installation and acquisition of certain drainage and flood control facilities, together with appurtenances and appurtenant work, including acquisition where necessary. For further particulars, reference is made to the file entitled "CITY OF RANCHO CUCAMONGA, COMMUNITY FACILITIES DISTRICT NO. 88-2, DESCRIPTION OF FACILITIES", a copy of which is on file in the Office of the City Clerk. For all particulars, reference is made to said approved file. The facilities, as above-described, are facilities which this legislative body is authorized by law to contribute revenue to or to construct, own or operate. It is hereby further found and determined that the proposed facilities are necessary to meet the demands and needs of this local Agency. The cost of acquiring, constructing and installing the facilities includes incidental expenses consisting of the costs of planning and designing the facilities, including the costs of environmental evaluations thereof, all costs associated with the establishment of the District, the issuance of bonds, the determination of the amount of any special taxes to be levied, the cost of collecting any special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the District, together with any other expenses incidental to the acquisition, construction, completion and inspection of the facilities. Resolution No. 89-263 Page 3 DESCRIPTION OF SERVICES SECTION 5. That it is the further intention of this legislative body to provide certain services that are in addition to those provided in the territory of the District and will not be replacing services already available. A general description of the services to be provided is as follows: Police protection services which are in addition to the extent to which said services are currently provided to the territory within the proposed District. The costs of said services shall include the performance by employees of all functions, including operation and maintenance. SPECIAL TAX SECTION 6. Except where funds are otherwise available, a special tax, secured by recordation of a continuing lien against all non-exempt real property in the proposed District, is hereby authorized, subject to voter approval, to be levied annually within the boundaries of said District. The proposed special tax to be levied within said District has not been precluded by majority protest pursuant to Section 53324 of the Government Code of the State of California. For particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit "A", which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the proposed District to estimate the probable annual amount and the maximum annual amount that said person will have to pay for said facilities. Said special tax shall be utilized to pay for the construction, expansion, rehabilitation or purchase of the public capital facilities and services to be provided, and/or to secure a bonded indebtedness which shall be utilized to finance such public capital facilities. The special taxes herein authorized shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the District and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien cancelled in accordance with law or until collection of the tax by the legislative body ceases. PREPARATION OF ANNUAL TAX ROLT. SECTION 7. The name, address and telephone number of the office, department or bureau which will be responsible for preparing annually a current roll of special tax levy obligations by Assessor's parcel number and which shall be responsible for estimating future special tax levies pursuant to Section 53340.1 of the Government Code of the State of California, are as follows: Resolution No. 89-263 Page 4 ASSESSMENT REVENUE DEPARTMENT CITY OF RANCHO CUCAMONGA P.O. BOX 807 RANCHO CUCAMONGA, CA 91730 TELEPHONE: (714) 989-1851 FINDING OF VALIDITY SECTION 8. It is hereby further determined by this legislative body that all proceedings prior hereto were valid and taken in conformity with the requirements of the law, and specifically the provisions of the "Mello-Roos Community Facilities Act of 1982", and that this finding and determination is made pursuant to the provisions and authorization of Section 53325.1 of the Government Code of the State of California. SUBSTITUTION FACILITIES SECTION 9. The description of the public capital facilities, as set forth herein, is general in its nature. The final nature and location of improvements and facilities will be determined upon the preparation of final plans and specifications. The final plans may show substitutes in lieu of, or modification to, the proposed work in order to accomplish the works of improvement, and any such substitution shall not be a change or modification in the proceedings as long as the facilities provide a service substantially similar to that as set forth in this Resolution. APPEALS AND INTERPRETATION PROCEDURE SECTION 10. Any landowner or resident who feels that the amount or formula of the special tax is in error may file a notice with the Agency appealing the levy of the special tax. An appeals panel of 3 members, as appointed by the Agency, will then meet and promptly review the appeal, and if necessary, meet with the applicant. If the findings of the Appeals Board verify that the tax should be modified or changed, a recommendation at that time will be made to the Agency and, as appropriate, the special tax levy shall be corrected, and if applicable in anYcase, a refund shall be granted. ELECTION SECTION ll. This legislative body herewith submits the levy of the special tax to the qualified electors of the District, said electors being the landowners of the proposed District, with each landowner having one (1) vote for each acre or portion thereof land which he or she owns within the Community Facilities District. This legislative body hereby further directs that the ballot proposition relating to the levy of the above referenced special tax be combined and consolidated with the proposition relating to the incurring of a bonded indebtedness. This Resolution shall not constitute the notice of the election and the Resolution declaring the necessity to incur the bonded indebtedness shall constitute the notice of the combined election relating to the bonded indebtedness and authorization for the special tax levy. Resolution No. 89-263 Page 5 PURCHASE/FINANCING AGREEMENT SECTION 12. This legislative body hereby approves the Purchase/Financing Agreement by and between the District and The Caryn Company, the original of which is on file in the Office of the City Clerk, and authorizes the execution thereof by the Mayor and City Clerk, acting on behalf of the District. PASSED, APPROVED, and ADOPTED this 21st day of June, 1989. AYES: Alexander, Brown, Buquet, Stout, Wright NOES: None ABSENT: None ~~ Dennis L. Stout, Mayor ATTEST: I, BEVERLY A. AUTHELET, 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 21st day of June, 1989. Executed this 22nd day of June, 1989 at Rancho Cucamonga, California. Resolution No. 89-263 Exhibit "A" Page 6 CITY OF RANCHO CUCAMONGA STATUS UPDATE OF PENDING ISSUES FOR FORMATION OF DRAINAGE AND LAW ENFORCEMENT COMMUNITY FACILITIES DISTRICT ISSUES STAFF CARYN CO. COMMENTS UNIT COUNT: Has Not Been Flood Control District Not Counted Counted Approved Density Use Absorption Use County Design Has Not Been Study Approved By Planning Commission Landscape Boundary East Of Day Creek Same North Of Highland TAX RATE CEII.ING: 1.8 1.9 Work With Other Agencies LIGHTING DISTRICTS: $40 $40 FISCAL IMPACT Finalize Finalize Within REPORT: July 1989 30-60 Days SPECIAL DISCLOSURE O1; Agreed Agreed TAXES BY BUILDER: FEMA: Amended Purchase Working With Staff Agreement . Needs Park PARKS: 5 Acres Per 1000 3 Acres Per 1000 Commission Approval DRAINAGE (LEVEL DEBT Agreed Agreed SERVICE): NORTH ETIWANDA Conservative Walt For Approval SPECIFIC PLAN: ApproachUntil Approved