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HomeMy WebLinkAbout93-100 - ResolutionsRE$OLI~ION NO. 93-100 A RESOLUI~ON OF THE CITY COUNCIL OF THE CITY OF RANCHO FOR ODMMUNITY FACILITIES DISTRICT NO. 88-2 (DRAINAGE AND WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote frc~n the qualified electors relating to the levy of a special tax in a C~m~mu~ity Facilities District, all as authorized pursuant to the terms and provisions of the "Mello-BDos C~tity Facilities Act of 1982), being Chapter 2.5, Part 1, Division 2, Title 5 of the Govez-~.~nt Code for the State of California. ~nis Co~m¥onity Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 88-2 (Draip~ge and Law Enforcement) (hereinafter referred to as the "District); and WHEREAS, 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 costs and expenses related to said Co~onity Facilities District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the next fiscal year. NOW THEREFORE, IT IS HEREBY RESOLVEDAS FOLLOWS: St~2TION 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 the next Fiscal Year 1993/94 for the referenced district is hereby determined and established as set forth in the attached, referenced and incorporated Exhibit "A". 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. S~CTION 4: That the proceeds of the special tax be used to pay, in whole or in part, the costs of the following, in the following order of priority: Payment of principal of and interest on any outstanding authorized bonded indebtedness. Necessary replenishment of bond reserve funds or other reserve funds; Resolution No. 93-100 Page 2 Payment of costs and expenses of authorized public facilities and public services. D. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not beusedfor any other purpose. SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies above collected shall be paid into the Cu,~,,~,~nity Facilities District funds, including any bond fund and reserve fund. S~C~ION 7: The Auditor of the County is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit "A". SECITON 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the ex~ of making any such collection. PASSED, APPROVED, and ADOPTED this 5th day of May, 1993. Alexander, Buquet, Gutierrez, Stout, Williams NOES: None ABS~: None D~bra J. Ad~m~, City Clerk Resolution No. 93-100 Page 3 I, DEBRA J. ADAMS, CITY ~.RRK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution w~s 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 5th day of May, 1993. Executed this 6th day of May, 1993, at Rancho Cucamonga, California. Ada~s~ city Clerk Resolution No. 93-100 Page 4 C1TY OF RANCHO CUCAMONGA CO~ FA~ALrrlE8 DISTRICT NO. 88-2 ~IT "A" 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 1993/94. SPEC/AL TAX "A" - DRAINAGE FACILIT/E8 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 building 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: {i) owned by a public entity: {ii) owned by a regulated public utfiity and being utilized for transmission or distribution purposes; or {ill) zoned as open space. TAXING CLASSIlelCATIONS AND SPECIAL TAX "A" RATES The taxing classifications for the above Property Categories and the authorized Special Tax "A" rates for Fiscal Year 1993/94 are as follows: Taxing Classification Tax Rate 1. DEVELOPED PROPERTY A. Residential Class I $944 per year (More than 3,590 square feet of dwelling umt living area) * B. Residential II $699 per year {3,077-3,589 square feet of dwelling umt 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 unit living area} * Resolution No. 93-100 Page5 Taxing Classification Tax l~te E. Residential Class V /k~49 per year (2,051-2,307 square feet of dwelling unit living area) * F. Residential Class VI $245 per year (Less than 2,051 square feet of dwelling unit living area) * G. Commercial or industrial property $2,030 per acre per year ** 2. 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 bufiding pennit(s) issued for the dwelling unit. The acreage of a commemial 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 "A" 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 Facfiities District; replenishment of any required reserve fund for any such bonded indebtedness: funding of any required sinking fund necessary to pay for future public facfiities 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 still 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. Resolution No. 93-100 Page 6 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 Facilities District shah: 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 80,054 per square foot of the lot or parcel. If the product described in {ll) above exceeds the Special Tax "A" rate described in (l) above for any Developed Property, the Community 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. SPEC/AL TAX '~!Y' - LAW E~qFOR~A~FF All Developed Property shall be subject to the levy of Special Tax "B". The authorized Special Tax "B" rates for Fiscal Year 1993-1994 are as follows: Taxing Classification 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 III $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 Resolution No. 93-100 Page 7 PROPOSED BOUNDARIES OF C0]~i~UN~ FACILITIES DISTRICT NO. 88-2 OF THE CF~Y OF RANCHO CUCA~0NGA. COUNTY OF SAN BERNARDINO, STATE OF C~r-~0RNIA