HomeMy WebLinkAbout699 - Ordinances ORDINANCE NO. 699
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS
CAPACITY AS THE LEGISLATIVE BODY OF CITY OF
RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT
NO. 2003-01 AUTHORIZING THE LEVY OF A SPECIAL TAX
WITHIN EACH OF IMPROVEMENT AREA NOS. I AND 2 OF
SUCH DISTRICT
RECITALS:
A. The City Council (the "City Council") of the City of Rancho Cucamonga,
California (the "City"), has previously adopted Resolution No. 02-327 stating
its intention to conduct proceedings to form City of Rancho Cucamonga
Community Facilities District No. 2003-01 (the "District") and to establish two
improvement areas, Improvement Area No. I and Improvement Area No. 2
(each an "Improvement Area" and collectively the "Improvement Areas")
therein pursuant to the Mello-Roos Community Facilities Act of 1982, as
amended, commencing with Section 53311 of the California Government
Code (the "Act") to finance certain public facilities.
B. The City Council has previously adopted Resolution No. 02-328 stating the
City Council's intention, acting as the legislative body of the District, to
authorize the issuance and sale of a series of bonds for Improvement Area
No. 1 in the maximum aggregate principal amount of $16,000,000 and a
series of bonds for Improvement Area No. 2 in the maximum aggregate
principal amount of $4,000,000.
C. Resolution Nos. 02-327 and 02-328 set February 5, 2003 as the date of a
public hearing on the establishment of the District and the Improvement
Areas therein, the extent of the District and each Improvement Area therein,
the furnishing of specified types of public facilities within the District, the
proposed rate and method of apportionment of the special tax within each
Improvement Area, and the proposed debt issues (the "Hearing").
D. Notice of the Hearing was published and mailed to all landowners proposed
to be included in the District in accordance with the Act.
E. Prior to the Hearing there was filed with the City Council a report containing a
description of the facilities necessary to adequately meet the needs of the
District and an estimate of the cost of financing such facilities as required by
Section 53321.5 of the Act.
F. On February 5, 2003, the City Council opened the Hearing and continued the
Hearing to February 19, 2003.
Ordinance No. 699
Page 2 of 4
G. At the Hearing all persons desiring to be heard on all matters pertaining to the
establishment of the District and each proposed Improvement Area, the
extent of the District and each proposed Improvement Area, the furnishing of
specified types of public facilities within the District, the proposed rate and
method of apportionment of the special tax, and the proposed debt issues
were heard and a full and fair hearing was held.
H. At the Hearing evidence was presented to the City Council on the matters '
before it and the City Council at the conclusion of the Hearing is fully advised
as to all matters relating to the formation of the District and the establishment
of the Improvement Areas therein, the levy of the special tax and the
issuance of bonded indebtedness therein.
I. On February 19, 2003, subsequent to the Hearing, the City Council adopted
Resolution No. 03-031, which established the District and the Improvement
Areas and authorized the levy of a special tax within each Improvement Area.
J. On February 19, 2003, subsequent to the. Hearing, the City Council also
adopted Resolution No. 03-032 which determined the necessity to incur
bonded indebtedness in the maximum principal amount of $16,000,000 for
Improvement Area No. 1 and a maximum principal amount of $4,000,000 for
Improvement Area No. 2.
K. On February 19, 2003, an election was held within each Improvement Area at
which the qualified electors of each Improvement Area approved the
establishment of an appropriations limit for the District, the incurrence of
bonded indebtedness and the levy of a special tax within the respective
Improvement Area.
L. On February 19, 2003, the City Council adopted Resolution No. 03-033 which
certified the results of the February 19, 2003 election conducted by the City
Clerk, which results showed that more than two-thirds of the votes cast in
each Improvement Area were in favor of the propositions to establish an
appropriations limit for the District, incur bonded indebtedness and levy the
special tax.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: Recitals. The above recitals are all true and correct.
SECTION 2: Authorization of Levy of Special Tax. By passage of this
Ordinance, the City Council authorizes the levy of a special tax
within Improvement Area No. 1 and Improvement Area No. 2 of
the District at the maximum rate and in accordance with the rate
and method of apportionment set forth for each Improvement Area
in Exhibit B to Resolution No. 03-031, (the "Rate and Method")
which is on file in the office of the City Clerk and incorporated
herein by reference.
Ordinance No. 699
Page 3 of 4
SECTION 3: Annual Rate Determination. The City Council is hereby further
authorized to determine on or before August 10 of each year, or
such other date as is established by law or by the County Auditor-
Controller of the County of San Bernardino, the specific special
tax to be levied on each parcel of land in each of the Improvement
Areas of the District, except that the special tax rate to be levied
shall not exceed the maximum rates set forth in the Rate and
Method, but the special tax may be levied at a lower rate.
SECTION 4: Exemption of Government Property. Properties of entities of the
state, federal, or other local governments shall be exempt from the
above-referenced and approved special tax.
SECTION 5: Use of Collections. All of the collections of the special tax shall be
used only as provided for in the Act and in Resolution No. 03-031.
The special tax shall be levied only so long as needed for its
purpose as described in Resolution No. 03-031.
SECTION 6: Collection. The special tax shall be collected in the same manner
as ordinary ad valorem taxes and shall be subject to the same
penalties and the same procedure, sale and lien in any case of
delinquency as applicable for ad valorem property taxes.
Provided, however, that the special tax may be collected in such
other manner as may be provided by the City Council.
SECTION 7: Foreclosure. As a cumulative remedy, if any amount levied as a
special tax for payment of bond interest or principal, together with
any penalties and other charges accruing under this Ordinance,
are not paid when due, the City Council may, not later than four
years after the due date of the last installment of principal on the
Bonds, order that the same be collected by an action brought in
the superior court to foreclose the lien of such special tax.
SECTION 8: Authorization. The specific authorization for adoption of this
Ordinance is the provisions of Section 53340 of the Act.
SECTION 9: Certification. The City Clerk shall certify to the passage of this
Ordinance and cause it to be published or posted in accordance
with law.
Ordinance No. 699
Page 4 of 4
PASSED, APPROVED, AND ADOPTED this 5th day of March 2003.
AYES: Alexander, Gutierrez, Kurth, Williams
NOES: None
ABSENT: Howdyshell
ABSTAINED: None
William JTander, Mayor'
A'I-I'EST:
~ C~M~, D~epulP~y City Clerk
I, KATHRYN L. SCOTT, DEPUTY CITY CLERK of the City of Rancho
Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a
Regular Meeting of the Council of the City of Rancho Cucamonga held on the 19~h day of
February 2003, and was passed at a Regular Meeting of the City Council of the City of Rancho
Cucamonga held on the 5th day of March 2003.
Executed this 6th day of March 2003, at Rancho Cucamonga, California.
CMC, Deputy City Clerk