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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