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HomeMy WebLinkAbout518 - Ordinances ORDINANCE NO. 518 AN (Z~DINANCE OF THE CITY ~ OF ~ ~ OF ~ (XX2AM~NC~, (Z~, ~ZING ~ LEVY OF A SPECIAL Z~X IN A CCI~4L~flTY FACTT.TTIES DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF ~ (XEAMZtlC~, ~, (hereinafter referred to as the "legislative body of the local A~ency"), bR- initiated pr~ceedir~s, held a public hearing, conducted an election and received a favorable vote frc~ the qualified electors relating to the levy of a special tax in a cu. mmlity facilities district, all as authorized pursuant to the tan~s and provisicrs of the '~4ello-Rooe CA~mmlity Facilities Act of 1982", beir~ Chapter 2.5, Part 1, Divison 2, Title 5 of the Coyeminent Code of the State of California (the "Act"). ~ C~..mity Facilities District is designated as CCI,~!~TY FA~IX~fFP~ DIZIRICT N0. 93-3 (FOOIFffL MARKETPIACE) (hereinafter referred to as the "District"). NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby ordain as follows: SECTION 1. That the above recitals are all true and correct. SECTION 2. That this legislative body does, by the passage of this Ordinanoe, authorize the levy of special taxes at the rate and formula as set forth in Exhibit "A" attaQhed hereto, referenced and so ~ted. SECTION 3. That this legislative body is hereby further authorized, levied for the then current tax year or future tax years, except that the special tax rate to be levied shall not exceed that as set forth above, but the special tax may be levied at a lower rate. SECTION 4. Properties or entities of the State, F~de~ral or other local goveL,=~nts shall, except as otherwise provided in Section 53317.3 of the Cover~mm~t Code of the State of California, be exempt from the above referenced and approved special tax. SECTION 5. The proceeds of the above authorized and levied special tax may only be used to pay, in whole or in part, the costs of the following, in the following order of priority: A. Payment of principal of and interest on any cutstandin~ authorized kx~ded indebtedness; B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public facilities, services, and incidental expenses pursuant to the Act; and D. Repayment of advances and loans, as ~iate. The proceeds of the special tax shall be levied only so long as needed for its purpose, and shall not be used for any other purpose. 518 SECTICM 6. The above authorized special tax shall be collected in the same manner as ordinary ad valorera taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delirr/uency as is provided for ad valorera taxes. SBETIC~ 7. The above authorized special tax shall be secured by the lien inl0csed pursuant to Sections 3114.5 ad 3115.5 of the Streets and Highways Code of the State of California, whirl1 lien shall be a continuing lien and shall secure each levy of the special tax. The lien of the special tax shall cont/nue in force and effect until the special tax obligation is pr-e~lid, per~are~cly satisfied and cancelled in accordance with Section 53344 of the Gove~x~nt Code of the State of California or until the special tax ceases to be levied by the legislative body of tba local ~ency in tba manner provided in Section 53330.5 of said Gove~i~rfc Code. ~I~_~__~- Thi~ Ordinance and special tax shall be applicable for SECTIC~ 9. This Ordinance shall be effective thirty (30) days after ~. PUBLICAT/ON The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least cr~e in the Inland valley Da~ly Bulletin, a newspaper of gemral circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamxr3a, California. PASSED, APPROVE), and ADOPIeD this 15th day of December, 1993. AYES: Alexander, Buquet, Gutierrez, Stout, Williams NOES: Noble L. Stout, Mayo~ Ordinance No. 518 p e3 I, DEBRA J. ADAMS, CITY ~RK of the City of Rancho Cucamon~a, California, do hereby certify that the foregoing Ordinance was introduced at a regular meetir~ of the Council of the City of Rancho Cucamonga held cn the 1st day of December, 1993, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 15th day of ~~, 1993. ' ~ this 16th day of December, 1993, at ~ Cucamonga, California. D~:;~-u J. , City Clerk Ord~ No. 518 Page 4 CCX~TGNITY FACTI.TTIES DISTRICT NO. 93-3 (FucrmTA Ma/~XT~_ACE) EXHIBIT "A" RATE AND METHOD OF APPORTIONMENT OF SPBEIAL ~AX Tne Resolution of Intention refers to this Exb{hit for an explanaticm of the rate and method of apportionment of the Special Tax so as to allow each landowner within the prc~ District to estimate the maximum annual amount of the Special Taxes to be levied. A Special Tax applicable to each Assessor's Paroel in C~,,~unity 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") thrcugh the application of the appropriate amount cr rate for "Teu~ble Property" as described below. All of the Taxable Pr~ in CFD No. 93-3, unless exempted by law, shall be taxea_ for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS "Acre" means the area of each Assessor's Parcel as shown on the San Bernardi~ County Assessor's Maps. "Act" means the Mello-Rocs C~,,unity Facilities Act of 1982, as amended, being Chapter 2.5 (c~,~,~ncing with Section 53311) of Division 2 of Title 5 of the California Gove~,ment Code. "Assessor's Parcel" means a parcel of land as designated on a map of a discrete identifying number. "Bonds" means the kx)nds of CFD No. 93-3 issued and sole to finance public facilities which are necessary to the develo[mmnt of the property within CFD No. 93-3. "City" means the City of Ranc~o Cucamorr3a, California. Bonds or other debt which Mast be paid from the Special Taxes levied in each Fiscal Year on Taxable Property. "Facilities" means those public facilities identified in the Report of NBS/Lowry as Special T~x COnsultant for CFD No. 93-3 on file in the Office of the City Clerk. Ordinance No. 518 F e5 "Fiscal Year" means the period starting on July 1, and ~ the following June 30th. '~aximam Special Tax" means the maximum Special Tax, determined in accordance with Section C, that can be levied by the Council in any Fiscal Year for each parcel of Taxable Property. '~taxable Prope~' is all of the parcels within the ~ies of CFD No. 93-3 which are not exempt from the Special Tax pursuant to law. B. D~ON OF TAXART,~. P~DPERI7 OTl March 1 of each year, all Ta)~hle Property within CFD No. 93-3 shall be determined and shall be subject to tax in accordance with the rate and method of apportiormBnt 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 formation of CFD No. 93-3. Each parcel of Taxable Property shall be subject to a Maximum Special Tax rate of $20,000 per acre and shall be levied as long as necessary for each parcel of Taxable Property to pay for authorized facilities and to discharge authorized bond obligations of other debt of CFD No. 93-3. D. MEi~0D OF APPORrI~ OF THE SPECIAL The Oouncil shall determine the amount of money required to be collected frce Taxable Property in CFD No. 93-3 in each Fiscal Year. Such amount shall include the su~s necessary to pay for current debt service on i~debtechlees of CFD No. 93-3, to create or replenish reserve funds determined necessary by CFD NO. 93-3, and pay administrative expenses, construction expenses and acquisition expenses to be paid from Special Tax proceeds (the "Special Tax Requimmmm~t,.). ~he Council shall levy the Special Tax as follows until the amount of the levy equals the Special tax Requirement: applicable to all Taxable Pr~ shall be levied. on each parcel of taxable Pr~ for such Fiscal Year. E. MANNER OF OOn;._mTrION priority in case of a delinquency as provided for ad valore~ taxes. Ordinance No. 518 P~e6 as ordinary ad valoren real property taxes shall be collected through a direct billing procedure by the Treasurer of the City. Ihe Council reserves the power to provide for alternative means of collectio~ of Special Taxes as permitted by the Act. In the event of a delinquency, CFD No. 93-3 will pursue foreclosure in a timely manner. F. REVI~/APPEAL BOARD The Council shall establish, as part of the proceedings and administration of CFD No. 93-3, a special Review/Appeal Board. Any lazxk~ner who feels that the amount of the Special Tax, as to their parcel, is in error, may file a notice with the Review/Appeal Board appealing the amount of the Sopecial Tax assigned to such parcel. The Review/Appeal Board shall in~t this Rate ar~ Method of Apportiorment of the Special Tax and make determinations relative to the annual administration of the Special Tax and any landowner appeals, as herein specified.