HomeMy WebLinkAbout93-180 - ResolutionsRESOLUTION NO. 93-180
A RESOI/]I~ON OF THE CITY C0[~WIIL OF ~HE CITY OF RANC~0
~ FACILITIES DISTRICT ~ TO LEVY A HP~2IAL TAX
TO PAY FOR ~ P%~LIC FAC~,TTIES ~ SAID
~ FACILITIES DISTRICT
WHEREAS, the CITY COL~CIL of the CITY OF PJtNC~K) ~,
CALIFORNIA, (hereinafter referred to as the "legislative body of the local
Agency"), at tbi~ time is desirous to initiate tmDoee~i~ to create a
C~manity Facilities District pursuant to the terms and pxxmrisions of the
'94ello-Roos C~mma%ity Facilities Act of 1982), being Chapter 2.5, Part 1,
Divison 2, Title 5 of the Gove~,mwm~ Code of the State of California (the
"Act"). ~ C~mmmity Facilities District shall h~dnafcer be referred to
as ~ FAC97.TTIES DIS~IICT NO. 93-3 (FCOTMT~X. ~l~&~) (~
referred to as the "District"); and,
WHEREAS, this legislative body is now required to proceed to adopt
its Resolution of Intention to initiate prooeedir~3s for the establ~ of
said District, to set forth the bOur~9~vies for said District, imdlcate the
type of public facilities to be pxDvided, indicate the rate of ap~io~ent
of a special tax sufficient to pay for all such facilities, set a time and
place for a public hearing relating to the estm_bl~ of said District, and
describe the proposed voting ~oue~ure f~r any election pertaining to the levy
of a special tax or issuance bo~ds within the District; and,
WHEREAS, at any time before or after the formation of the District,
this legislative body may accept a~r4noes of funds and/or w~rk in kind frc~
any source; however, no reimbursement am~/or repayment shall be made for said
advanoes until expressly set forth by agreement and/or Resolution of this
legislative body setting forth the amount, terms and conditicms for any
reJa~urs~nt and/or repayment; and,
WH~RFAS, a map of said District ba~ been suhni~ showing the
boundaries and properties to be included within said District.
NC~, THEREFORE, the City Oouncil of the City of Rancho O,cA~nga does
hereby resolve as follc~s:
That the above recitals are all true and correct.
INITIATIC~ OF _PROC~n~
S~CTION 2. That these ~~ngs are initiated by this
legislative body pursuant to the authorization of Section 53318 of the
C~vermmnt Code of the State of California.
~ OF DISTRICT
S~CTION 3. It is the intention of this legislative body to
estm_blish a C~m,~nity Facilities District pursuant to the provisions of the
Act, the boundaries and parcels being that area of land to which public
facilities are to be provided and on which special taxes my be levied in
Resolution No. 93-180
cxder to pay the cost and expenses for said public facilities. A description
of the bour~laries of territory proposed to be included in the District is as
follows:
All that property as shown on a map as previously
approved by this legislative body, said map designated by the name of this
C~L,,~nity Facilities District, a copy of which is on file in the Office of the
City Clerk and shall remain open for public inspection.
NAME OF DISTRICT
S~L~ION 4. The name of the proposed C~,~nity Facilities District
to be established shall be known and designated as CC~4UNITY FACILITIES
DISTRICT NO. 93-3 (FOOTHILL MARKETPIACE).
DES(~J/~fION OF FACILITIES
S~CTION 5. That it is the intention of this legislative body to
financethe fair shareportion of certainauthorizedpublic capital facilities
generally describedas follows:
The acquisition and/or construction of certain public
capital facilities, generally described as street ~ to Foothill
Boulevard frc~ Interstate 15 to Etiwar~m Avenue and to Etiwanda Avenue frc~
Foothill Boulevard to approximately 1,000 southerly of Foothill Boulevard;
storm drain i~orov~m~s frum Foothill Boulevard southerly and westerly to
Arrow Route; sewer im~ f~, Foothill Boulevard and Etiwanda Avenue
westerly and southerly to Arrow R~ute; on-site water ia~x~m~ents within the
District; water imurov~ in Foothill Boulevard and Etiwanda Avenue; a
portion of the Arrc~ Route storm drain facility, a portion of the Foothill
Boulevard and Interstate 15 interchange i~p~Dvements and appurtenances and
app~rt~r~u-~ work.
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 determined that the
propoeed facilities are nece~ry to meet increased demands and nccds placed
upon this local Agency, and the costs and expenses charged to this District
represent the fair share costs of the facilities attributable to this
District.
The oost of acquiring, constructing and installing the
facilities includes incidental expenses consisting of the costs of planning
and designing the facilities, including the costs of e~v~l evaluations
thereof, all costs associated with the establishment of the District, the
issuance of bc~ds, the determination of the amount of any special taxes to be
levied, the costs of collecting any special taxes, and costs otherwise
incurred in c~der 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 authorized by the
Resolution No. 93-180
Pa 3
funds are otherwise available, a special tax sufficient to pay f~r said
facilities and related incidental ~ authorized by the Act, secured by
recordation of a o0~tinuing lie~ against all n~ real property in the
District, will be levied ama~lly within the boundaries of said District. For
particulars as to the rate and metho~ of a~$z~ci~--,~t of the ~~! s~ecial
tax, reference is made to the a~ an~ ]/~a~lx~atsd Exhibit "A" which sets
forth in sufficient detail the method of ap~ic~mm~t to allow each ~
or resident within the pr~ District to clearly estimate the maximum
amount that said person will have to pay for said facilities.
This legislative body further authorizes that the
special taxes may be prepaid and satisfied by the payre-at of such amount as
the City Council may derarming, and all details and particulars shall be set
forth and adopted by Resolution of this legislative body.
and shall be subject to the same penalties, prooedure, sale and lien priority
in any case of delinquency as applicable for ad valore~ taxes. Any other
PUBLIC HEARING
S~fION 7. NOTICE IS GIV~ THAT ON ~HE 17TH DAY OF ~,
1993, AT ~HE HOUR OF 7:30 O'CID(~ P.M., IN ~ R~GUIAR .Mw~U/NG PLACE OF THE
L~GISTATIVE BODY, B~U~G THE ~ (~%~S, CITY HAT,L, A PUBLIC HEARING ~,
BE ~n WH~RE THIS I~GISIATIVE BOOY W~;. (I~SIDER ~E ESTABLI~ OF THE
OF THE SPECIAL TAX, AND ALL ~ ~ AS SET PO~TH IN THIS RESOLUTION OF
P~qONS INT~qESI~D, INCIDDING T~XP~ AND P~OP~TY O~ERS MAY.APPEAR AND BE
ESTABLIS~4~Ff OF THE DISTRICT, ~E ~ -EEZ]~T OF ~HE DISTRICT, CR ~E Ft~NIS~ING
OF THE FACILIT/ES, WILL BE HEARD ~D (I~S/D~D. ANY P~OTESTS MAY BE MADE
~ES AND DEF~2TS TO WHICH ~4E ~ON IS MADE. ALL WRITR~
PROTESTS SHAT.T. BE FTT.FD ~ THE ~ ..~. THE L~GISIATIVE BODY ON OR
WITHDP4%WN IN ~ AT ANY TIME B~W~,E THE ODNCI/3SION OF THE P%~LIC'~.
IF A ~ MAJORITY PROTEST AE4~NST T~E
ESTABLISHMenT OF THE DISTRICT IS F17.~D, THE PROcRFDINGS SHATZ, ~ ABANDC~q~.
IF SAID MAJORITY PROTEST IS ~ TO ~ FACILITIES OR Pf~TIONS OF THE
LT~GISI2tTI%TE BODY.
Besolution No. 93-180
Page4
S~CTION 8. If following the public hearing described in the
Section above, the legislative body determine to establish the District and
proposes to levy a special tax within the District, the legislative k~dy shall
then sukmtit tb~ levy of the special tax to the qualified electo~ of the
District. If at least twelve (12) persons, who ~ not n~ce~rily be the
same twelve (12) persons, have been registered to vote within the District for
each of the ninety (90) days preceding the close of the subject hearing, the
vote shall be by registered voters of the District, with each voter having one
(1) vote. Otherwise, the vote shall be by the landc~T~rs of the District who
w~re the owners of reoor~ at the close of the subject hearing, with each
landowner, or the authorized l~tive thereof, having one (1) vote for
each acre or portion of an acre of land owned within the District.
A successful election relating to the special tax
authorization shall, as applicable, establish an~/or change the appropriations
limit as authorized by Article XIIIB of the California Comstitution as it is
applicable to this District.
S~CTI~ 9. ~TLiS legislative body hereby finds and determines that
the public ~ will not be served by allowing the prc~ c~ners of
3/4's of the area to make an election to take over and perform any works of
i~ pursuant to a contract ~ by this legislative body. This
findir~ does not prc~ibit the property owners from directly entering into a
ccelract to perform and ~ct certain of the works of i~.
S~CTION 10. That notioe of the time and place of the public
hearing shall be given by the City Clerk in the foll~ing manner:
A. A Notice of Public Hearing shall be published in
the legally designated newspaper of general circulation, being the INIAND
V'~T,T.1Uf DAILY BULT.k~IN, said publicatic~ pursuant to Section 6061 of the
Govez~,~,~ C~de, with said publicatio~ to be cc~pleted at least seven (7) days
prior to the date set for the public hearing.
B. A Notice of Public Hearing shall be mailed,
postage prepaid, to each property owner within the bom~ries of the proposed
District; said mailing to the pzopesty owners shall be to the address as shown
on the last equalized assessrotator roll. Said mailing shall be completed at
least fifteen (15) days prior to the date set for the public hearing.
Resol~ion ~.93-~0
p e5
PASSED, APPROVED, and ADOPTED this 6th day of October, 1993.
Ai~, Gutierrez, Stout, Williams
AYES:
NOES: Nc~e
ABS~T: Buquet
I, DEBRA J. ADAMS, CITY cLFRK of the City of Rancho O~u~, California, do
hereby certify that the foregoing Besolutio~ was duly p~.~d, a~, and
adopted by the City Council of the City of Pancho Cucamonga, California, at a
regular meeting of said City Council held on the 6th day of October, 1993.
Executed this 7th day of October, 1993, at Rancho Cucamonga,
California.
Resolution No. 93-180
p~6
F _AC~3TIES DIS~ NO. 93-3
EXHIBIT #A"
RATE AND MSTHOD OF APPORrIC{~EIqT OF SPE~TAL TAX
The Resolution of Intention refers to this Exhibit for an explanation of the
rate and method of app=i~o~nt of the Special Tax so as to allow eaoh
of the Special Taxes to be levied.
A Special Tax applicable to each Assessor's Parcel in C~m,,~nity Facilities
District No. 93-3 (herein "CFD No. 93-3") shall be levied and collected
according to the tax liability determined by the City Council of the City of
Rancho Cucamonga acting in its capacity as the legislative body of CFD NO. 93-
3 (herein the ("Council") thro~ the application of the ap~xx~riate amount or
rate for "Taxable Property" as descr~ below. All of the Tawable Property
in CFD NO. 93-3, unless exempted by law, shall be taxed for the puzpoees, to
A. DEFINITIONS
"Acre" ~__a__ns tb~ area of each A~or's Paroel as shown on the San
"Act" _m~___ns the Mello-Roos O~.L~lity Facilities Act of 1982, as amended,
being C~ 2.5 (ocmmnencing with Section 53311) of Division 2 of Title 5
of the California Gorefrieda (kxie.
"A.~se~sor's Paroel" means paroel of lard as designated on a map of the
San B~rnard/no COunty A~o~ and which parcel has been assigned a
discrete identifying number.
"Bonds" means the bonds of CFD No. 93-3 issued and sold to finance public
facilities which are n~ce~.~y to the develo{anent of the property within
CFD No. 93-3.
"City" m~_ans the City of Rancho Cucamonga, California.
"Debt Service" _m~___ns the amount of principal and interest on the Bords or
other debt which must be paid frc~ the Special Taxes levied in each Fiscal
Year on Taxable Property.
"Facilities" me__~__ns those public facilities identified in the Repcx~ of
NBS/Imwry as Special Tax Consultant for ~FD No. 93-3 on file in the Office
of the City Clerk.
Besolution No. 93-180
"Fiscal Year" _mg~__ns the period starting on July 1, and ending the
following June 30th.
'9~dmum Special Tax" means the maximum Special Tax, determined in
aoco~dance with Section C, that can be levied by the Council in any Fiscal
Year for each parcel of Tax~_~ble Pr~.
'~axable Property" is all of the parcels within the boundaries of CFD No.
93-3 which are not exempt frc~ the Special Tax pursuant to law.
B. DETERMINATION OF TAXABLE PROP~q2~
On March 1 of each year, all Taxable Property with CFD No. 93-3 shall be
derermined and shall be ~bject to tax in accordance with the rate and
method of apportionment determined pursuant to Sections C and D below.
The Council shall not impose any Special Tax on land owned by a public
agency as of the date of the fox~atic~ of CFD No. 93-3.
Each parcel of Tax~__ble Property shall be subject ot Maximum Special Tax
rate of $20,000 per acre and shall be levied as long as neoessary for each
parcel of Taxable Property to pay for authorized facilities and to
disdmarge authorized bond obligations or other debt of CFD No. 93-3.
D. METHOD OF APPOR~IC~4~ OF THE SPECIAL TAX
The Council shall determine the amount of money required to be collected
frc~ Ta~hle Property in CFD No. 93-3 in each Fiscal Year. Suc~ amount
shall include the sums necessary to pay for current debt service on
ind~ of CFD No. 93-3, to create or replenish reserve funds
determined nece~_ ~ry to CFD No. 93-3, and to pay admirus' trative expenses,
construction expenses and acquisition expenses to be paid from Special Tax
proceeds (the "Special Tax Re~/x~ent"). The Oouncil shall levy the
Special Tax as follc~s until the amount of the levy equals the Special Tax
An equal percentage of the Max/mmu Special Tax Rate applicable to all
Ta~_ble Property shall be levied on each parcel of Ta~hle Property
for such Fiscal Year.
E. MANNER OF COl,~.wCi'ION
The Special Tax will be collect~d_ in the same manner and at the same time
as ~-dinary ad valorem real p~-u~e~Ly tax~s. The Annual Special Tax shall
be subject to the same penalties, procedure, sale and lien priority in
case of a delinquency as provided for ad valorem taxes. Any other Special
by the Treasurer of the City. The Oouncil reserves the power to provide
P~solutic~ No. 93-180
Page8
for alternative _m~_ns of oollection of S~ecial Ta~es as permitted by the
Act. In the event of a delinquency, CFD No. 93-3 will pursue forecloeure
in a timely manner.
The Council shall est_~blish, as part of the proceedings and admin/stration
of CFD No. 93-3, a special Review/Appeal Board. a~y landowner who feels
that the amount of the Special Tax, as to their parcel, is in errc~, may
file a notice with the Bevies/Appeal Board appealing the amount of the
interpret this ~ate an~ M~od of Ap~x~/c~ent of the Special Tax and
ma~ determinations relative to the ~ ~~tratic~ of the Special
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