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HomeMy WebLinkAbout02-047 - Resolutions RESOLUTION NO. 02-047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING THE SPECIAL TAX RATE FOR COMMUNITY FACILITIES DISTRICT 2001-01 FOR FISCAL YEAR 2001-2002 AND PROVIDING A METHOD OF COLLECTION THEREOF A. 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 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, interest will become due and payable on the Bonds during Fiscal Year 2001-2002 in an amount exceeding funds held by the Fiscal Agent and designated for the payment for such interest; and WHEREAS, the Bonds were delivered subsequent to the deadline for directing the County Auditor-Controller of the County of San Bernardino to collect the Special Tax along with and in the same manner as the ad valorum property taxes for Tax Year 2001; and WHEREAS, the City Council intends to levy the Special Tax for Fiscal Year 2001-2002 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 2001-2002 by City staff. Resolution No. 02-047 Page 2 of 5 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 2001- 2002 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 City instructs the GIS/Special Districts Manager, or his or her designee, to collect the Special Tax for Fiscal Year 2001-2002 by the mailing of a letter of collection to the owner of each parcel of real property upon which the Special Tax has been levied. Where multiple parcels subject to the Special Tax are owned by the same person(s), a single letter of collection may be sent, indicating the Special Tax due on each parcel under common ownership. Payment of the Special Tax shall be due on the 601"day following the mailing of such letter of collection. This method of collection is hereby authorized by the City Council pursuant to Section 6 of the Ordinance. To the extent applicable, the payment of the Special Tax shall be subject to all penalties and all procedures, including foreclosure, provided for with regard to the Ad Valorum property tax. Resolution No. 02-047 Page 3 of 5 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. PASSED, APPROVED, AND ADOPTED this 6`h day of February 2002. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None William J. Ale der, Mayor ATTEST: Adams, WC, City Clerk Resolution No. 02-047 Page 4 of 5 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 20`h day of February 2002. Executed this 21 s' day of February 2002, at Rancho Cucamonga, California. Debra J. Ad s, CMC, City Clerk Resolution No. 02-047 Page 5 of 5 City of Rancho Cucamonga INVOICE FOR FISCAL YEAR 2001/02 Mail payment to: City of Rancho Cucamonga If you have any questions,please call: Atm: Ingrid Bruce,GIS/Special Districts Supervisor (909)477-2700 ext.2575 10500 Civic Center Dmc Rancho Cucamonga,CA 91729 (NOTIFY OFFICE OFMT GIANGE OF ADDRESS OR OIGN W111p) Assessor's Parcel Numbers: 0229-021-62,63&64 District:Community Facilities District No.2001-01 CSM&C Expansion,LLC 2131 Convention Center Way Ontario,CA 91764 InstaWnent Due by August 1,2002 Special Tax Due: $32.725.00 The above referenced parcels are within Community Facihties District 2001-01 (improvement Area 3)and per an agreement entered into during the formation of this district,you are obligated for the September 2,2002 debt service payment. (RETAL�;TOP PORTION FOR YOUR RECORDS) � uJ mvl viu�p,ymm Assessor Parcel Numbers:0229-021-62,63&64 Mail payment to: City of Rancho Cucamonga District Community Facilities District No.2001-01 Aan: Inhnid Bmcc,cIS/Special Di tdcta 5npervisor 10500 Civic Ccnmr Dm� Ranch.Cucamonga,CA 91729 Installment Due by August 1,2002 Special Tax Due: $32.725.00