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HomeMy WebLinkAbout91-228 - Resolutions RESOLUTIC{q NO. 91-228 A RESOLUTION OF THE CITY <DHqClL OF THE CITY OF RANCHO ~, CALIln~gIA, ESTABLISHING AND AMEND/]qG ANN~AL ~TAXFORA~FAC37.TTIESDISTRICT WHEREAS, the City Council of the City of Rancho Cucamo~ga, California, (hereinafter referred to as the "legislative bod~'), has initiated procemdi~q~, held a public hearing, conducted an electio~ and received a favorable vote from the qualified electors relating to the levy of a special tax in a cc,,~-,~ity facilities district, all as aut/ac~ized pursuant to the terms and t~rovisions of the '94ello-Roos Cu,~-,nity .Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the C~err~ent Code of the State of California. ~ Cc~ty Facilities District shall hereinafter be referred to as ~ FACILITIES DISTRICT NO. 88-2 (hereinafter referred to as the "District"); and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Govermmant Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said Community 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; and WHEREAS, at this t/me this legislative body is desirous to amend the previously established annual special tax for the next ensuir~ fiscal year and this Resolution, upon its adoption, will repeal previously adopted Resoluti~ No. 91-215. NOW, HI~EREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: S~L~fION 2: That the specific rate and amount of the sp~c..~ ial tax to be collected to pay for the costs and expenses for the next fiscal year (1991- 1992) for the referenced District is hereby detex~nined and es~eblished as set forth in the attached, referenced and inoorporated Exhibit "A". S~L"rION 3.: That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of t_his l~islative 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 shall be used to pay, in whole or in part, the costs of the following, in the follow/rig order of priority: A. Payment of principal .of and interest on any outstarding authorized bonded indebtedness; B. Neoessary replenishnent of bond reserve funds or other reserve funds; and Resolution No. 91-228 Page2 C. Payment of costs and expenses of authorized public facilities and public services; and D. Repayment of advanoes and loans, if appropriate. The proceeds of the special taxes shall be used as set forth ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same prooedure and sale in cases of any delir~ for ad valore~ taxes, and the Tax Collector is hereby authorized to deduct reasona~ble ad--rive costs incurred in collecting any said special tax. C~m,unity Facilities District funds, including any bo-nd fund and reserve fund. SMCTION 7: A listing of all parcels subject to the special tax, together with the applicable tax to be levied for the next year, shall be filed with the County Auditor on or before the 10th day of August of this year. It is hereby further directed that a oertified copy of this Resolution also be filed with the Ocunty Auditor on or before the 10th day of August of lot or parcel of land effected in space marked '~=ublic ia~rov~, special tax" or by any other suit_~ble designation, the installment of the special tax. S~CTION 9: The Oounty Auditor shall then, at the cloee of the tax the amount and/or amounts of such special tax installments, interest, also tmx~vide a stat~ of any peroe~ retained for the expense of making Besolution No. 91-215 as previously adopted by this City Council, and the rate PASS~, AP~, and ADOPTED this 7th day of A~gust, 1991. AYES: Alexander, Buquet, Stout, Williams, Wright Resolution No. 91-228 Page3 D~6ra J. ~%ms, City ~lerk I, DEBRA J. ADAMS, CITY CLk~K of the City of Rancho Cucamo~, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cu~, california, at a regular meeting of said City Council held on the 7th day of A_~-t, 1991. Executed this 8th day of August, 1991 at Rancho Cucamonga, California. D~ J. Adams, City ~ler~ Resolution No. 91-228 Page4 CITY OF RANCHO CUCAMONGA COI~lt~.INITY FACILITIR~ DISTRICT NO. 88-'2 F, XHIBn' "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 1991/92. SFECIAL TAX "~' - DRAINAC. tE FACrg.rTIE8 PROPERTY CATEC~RIE8 There are two categories of property subject to the levy of Special Tax "A", which are identified as follows: 1. 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. 2. UNDEVELOPED PROPERTY All other property, excluding property which, as of the date of the election to authorize the levy of Special Tax "~, 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 CLt~S~TION8 AND SPECIAL TAX *'.~' RATE8 The taxing classifications for the above Property Categories and the authorized Special Tax "A" rates for Fiscal Year 1991/92 are as follows: Taxin_~ Classification T~ 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 I~99 per year (3,077-3,580 square feet of dwelling unit living area) * C. Residential III ik524 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 dwellm~ unit ~ area) · Resolution No. 91-228 p~e5 Taxin_o Classification T~ Rate E. Residential Class V 1k349 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 $1,725 per acre peryear *** * 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 building 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. M~eTHOD 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 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 facilities (CFD ~penses"). The annual levy of Special Tax "A" shall be apportioned as follow-s: STEP 1: The Community Facilities District shall estimate the _~mount 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 '~equlred Special Tax "A" Revenue"). STEP 2: That equal percentage of the Special Tax "A' rate, not to exceed 91% of the n~rlm~lrn authorized Sp~ial Tax "A" rate, applicable to all Developed Property Taxing Classffications 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 w_~mmum 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. 91-228 Page 6 STEP 4: 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. STEP 5: If additional Special Tax "A' revenues are still necessary to generate the Required Special Tax "A" Revenue, the Community Facilities District shall: A. Compare (i) 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. B. If the product described in (ii) above exceeds the Special Tax 'A' rate described in (l) above for any Developed Property, the Community Facilities 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 '~" rotes for Fiscal Year 1991-1992 are as follows: Taxin_~ Classification T~ Rate 1. DEVELOPED PROPERTY A. Residential Class I $113.28 per year (More than 3,590 square feet of dwelling unit living area) * B. Residential Class II $50.65 per year (3,077-3,589 square feet of dwelling unit living area) * C. Residential Class HI /k50.40 per year (2,564-3,076 square feet of dwelling unit living area) * D. Residential Class IV $40.32 per year (2,308-2,563 square feet of dwelling unit living area) * E. Residential Class V $33.60 per year (2,051-2,307 square feet of dwelling unit living area) * F. Residential Class VI $23.52 per year (Less than 2,051 square feet of dwelling unit living area) * C, Commercial or industrial property $1,000 per acre peryear**