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HomeMy WebLinkAbout94-135 - ResolutionsRESOLUTI(~NO. 94-135 A RESOLUTI~ OF T~E CITY OOL~W~L OF ~ CITY OF RANO~ CZ~%M~=A, ~, E~I~~G~SP~CIAL~AX F~R~FAC~.TTIESD~CT NO.~-2(I~%%IN~GEAND ~EAS, the City Council of the City of Rancho California, (hereinafter referred to as the "legislative body of the local ~3encf'), ~s initiated ~i=3s, held a ~ubli¢ hearing, omxk~d an electic~ and received a favorable vote frc~ the qualified electors relating to the levy of a m~'"~i;~l tax irl a C.-.~.~-~ity Facilities District, all as authorized pursuant to the terms an~-~-~isic~s of the "Mello-Booe C~,m~nity Facilities Act of 1982", ~ C~Dte~ 2.5, Part 1, Divisic~ 2, Title 5 of the Govek~ent Oode for the State of California. ~ O'-.~-~ity Facilities ~ FACILITIES DISTRICT NO. 88-2 (Drainage and ~w ~f~) ~EAS, at this time, bonds have been authorized for purposes of financing the project facilities for said District; and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government COde of the State of California, has authorized the levy of a special tax to pay for coets and expenses relat~d to said ~C~mmm~ity Facilities District, and this legislative body is desirous to establish the specific rate of the special tax to be oollected for the next fiscal year. NOW, THEREFORE, IT IS H~REBY RESOLVED AS FOLI/~S: S~fION 1. That the above recitals are all true and c~rrect. S~UIO~ 2. That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for the next Fiscal Year 1993/94 for the referenced district is hereby determl ~,'~ and established as set fcx~h in the attached, referenced and incorporated Exhibit "A". S~rION 3. That the rate as set forth above does not ex_~d~_ the amount as previously authorized by Ordinance of this legislative body, and is not in ~ of that as previously approved by the qualified electmrs of the District. S~CTIC~ 4. ~nat the proceeds of the special tax be used to pay, in whole or in part, the oosts of the following, in the following cxder of priority: ae Payment of principal of and interest on any outst~ authorized ~ Neoe~ry replenishment of bond reserve funds or other reserve funds; Resolution No. 94-135 Payment of costs and expenses of authorized public facilities and public servioes. Repayment of advances and loar~s, if a~iate. The prooeeds of the special taxes shall be used as set f~rthabove, and shall not beusedf~ranyotherpurpcee. the same penalties and same procedure and sale in cases of any delinquency for ad v~lo~em ta~es, and the Tax ~ollector is hereby authorized to deduct reasonable ad~tive costs incurred in oollecting any said special tax. SECrI(~q 7. The Auditor of the County is he~ directed to enter in the next county assesmment roll on whic~ taxes will ~ due, opposite each lot or parcel of land effected in a space marked '~=ublic improvements, special ta)d', or by any other suit_~ble designation, the installment of the special tax, and for the exact rate and amotu%~ of said tax, referenc~ is made to the attached Exhibit "A". SECI~ON 8. The Omlnty Auditor shall then, at the close of the tax collection period, promptly rende~ to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and fr~u what property collected, and also Ufovide a statement of any peroentages retained for the expense of making PASSIm), ~, and ADO~ this 6th day of July, 1994. AYES: Alexander, Buquet, Gutierrez, Stout, Williams B~}~a J. ~m~/City Clerk Dennis L. Stout, Mayoi= Resolution No. 94-135 I, DWR~A J. ADAMS, CITY ~RK of the City of Rancho O~a~"x~3a, California, do ad~ by the City Council of the City of Rancho O~'~,~3a, Califcxnia, at a reqular meeting of said City Oouncil held on the 6th day of July, 1994. Executed this 7th day of July, 1994, at Rancho (~, California. Resolutic~ No. 94-135 Pa 4 CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 88-2 ~rr ,,if, The Resolution establishing the annual special tax refers to this Exhibit for an explanation of the rate and method of apportionment of the Special Taxes for Fiscal Year 1994/95. 8PF~IAL TAX "A" - DRAINAGE FACILITIES PROFERTY CARRIES There are two categories of property subject to the levy of Special Tax "A", which are identified as follows: DEVELOPED PROPERTY All property identified as a single Tax Assessors's parcel for which property a bufiding permit has been issued as of May 31 of any year. UNDEVELOPED PROPERTY All other property, excluding property which, as of the date of the election to authorize the levy of Special Tax "A:, is: (l) owned by a public entity; (ii) owned by a regulated public utility and being utilized for transmission or distribution purposes; or (ill) zoned as open space. TAXING CLASSIFICATIONS AND SPECIAL TAX "if' RATE8 The taxing classifications for the above Property Categories and the authorized Special Tax "A" rates for Fiscal Year 1994/95 are as follows: TaxirW Classffic-tion Tax Rate 1. DEVELOPED PROPERTY A. Residential Class I $944 per year (More than 3,590 square feet of dwelling unit living area) * B. Residential II $699 per year (3,077-3,589 square feet of dwelling unit living area) * C. Residential III $524 per year (2,564-3,076 square feet of dwelling unit living area) * D. Residential Class IV $420 per year (2,308-2,563 square feet of dwelling umt living area) * Resolutic~ No. 94-135 Page5 Taxip~ Classification Eo Residential Class V (2,051-2,307 square feet of dwelling unit living area) * Tax Rate $349 per year F. Residential Class VI $245 per year {Less than 2,051 square feet of dwelling umt living area) * Commercial or industrial property $2,030 per acre per year ** UNDEVELOPED PROPERTY All Undeveloped Property $1,526 per acre per year *** The square footage of dwelling unit living area shall mean the square footage of internal living space, exclusive of garages and other structures not used as living space, as shown on the bufidlng permit{s) issued for the dwelling unit. The acreage of a commercial or industrial property shall mean the gross acreage exclusive of any acreage dedicated or offered for dedication to a public agency. The acreage of an Undeveloped Property shall be the gross acreage exclusive of any acreage dedicated or offered for dedication to a public agency. METHOD OF APPORTIONMENT OF SPECIAL TAX "~' Special Tax "A" shall be levied annually on all taxable property within one of the above identified Property Categories so long as Special Tax "A" revenues are necessary to pay authorized expenses of the Community Facilities District related to the financing of authorized public facilities, which may include, without limitation, payment of debt service on any bonded indebtedness of the Community Facilities District; replenishment of any required reserve fund for any such bonded indebtedness; funding of any required sinking fund necessary to pay for future public facilities or debt service; or direct payment for public facfiities (CFD Expenses"). The annual levy of Special Tax "A" shall be apportioned as follows: STEP 1: The Community Facilities District shall estimate the amount of CFD Expenses which must be paid for from Special Tax "A" revenues collected during the Fiscal Year for which the Special Tax "A" levy is to be established (the "Required Special Tax "A" Revenue"). STEP 2: That equal percentage of the Special Tax "A" rate, not to exceed 91% of the maximum authorized Special Tax "A" rate, applicable to all Developed Property Taxing Classifications necessary to generate Special Tax "A" revenue in the Fiscal Year of the levy equal to the Required Special Tax "A" Revenue for such Fiscal Year shall be levied on all Developed Property. STEP 3: If additional Special Tax "A" revenues are stfil necessary to generate the Required Special Tax "A" Revenue, that percentage of the maximum authorized Special Tax "A" rate applicable to all Undeveloped Property necessary to generate such additional Special Tax "A" revenue shall be levied on all Undeveloped Property. Resoltuic~ No. 94-135 STEP 4: STEP 5: If additional Special Tax "A" revenues are still necessary to generate the Required Special Tax "A" Revenue, that equal percentage of the maximum authorized Special Tax "A" rate applicable to all Developed Property Taxing Classifications necessary to generate such additional Special Tax "A" revenue shall be levied on all Developed Property. If additional Special Tax "A" revenues are still necessary to generate the Required Special Tax "A" Revenue, the Community Facfiities District shall: Ao Compare (l) the Special Tax "A" rate which would be levied on each Developed Property combining STEP 2 and STEP 4 above with (ii) the product resulting from multiplying the square footage of the Developed Property times the Base Maximum Special Tax "A". The Base Maximum Special Tax "A" means an amount equal to $0.054 per square foot of the lot or parcel. If the product described m (ii) above exceeds the Special Tax "A" rate described m {i} above for any Developed Property, the Commumty Facfiities District shall increase the Special Tax "A" rate levied on each such Developed Property in equal percentages up to the rate not to exceed the product described in (ii) above necessary to generate the additional Special Tax "A" revenues to equal the Required Special Tax "A" Revenues. SPECIAL TAX '~" - LAW ENFORCEMENT All Developed Property shall be subject to the levy of Special Tax "B". The authorized Special Tax '~" rates for Fiscal Year 1994-1995 are as follows: Taxtr~ Classfficntion Tax Rate 1. DEVELOPED PROPERTY A. Residential Class I $1.00 per year (More than 3,590 square feet of dwelling unit living area) * B. Residential Class II $1.00 per year (3,077-3,589 square feet of dwelling unit living area} * C. Residential Class Ill $1.00 per year (2,564-3,076 square feet of dwelling unit living area} * D. Residential Class IV $1.00 per year (2,308-2,563 square feet of dwelling unit living area} * E. Residential Class V $1.00 per year (2,051-2,307 square feet of dwelling unit living area} * F. Residential Class VI $1.00 per year (Less than 2,051 square feet of dwelling unit living area} * G. Commercial or industrial property $1,000 per acre per year **