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.