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HomeMy WebLinkAbout2022-106 - Resolution RESOLUTION NO. 2022-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR THE LEVY OF SPECIAL TAX FOR THE RESORT AT EMPIRE LAKES COMMUNITY FACILITIES DISTRICT NO. 2018-01 OF THE CITY OF RANCHO CUCAMONGA FOR FISCAL YEAR 2022/23 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 from the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions.of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2,Title 5 of the Government Code for the State of California. This Community Facilities District shall hereinafter be referred to as The Resort at Empire Lakes Community Facilities District No. 2018-01 of the City of Rancho Cucamonga (hereinafter referred to as the "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 the maintenance of certain improvements by the City, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the fiscal year; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the specific rate and amount of special tax to be collected for Fiscal Year 2022/23 for the District are hereby determined and established as set forth Annual Status Report to this Resolution, which is attached hereto and incorporated herein by reference. SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by the Ordinance, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the special tax shall be used, in whole or in part,for the following: A. Payment of costs and expenses of the operation, maintenance, and servicing of authorized services pursuant to the Act; B. Payment of an amount necessary to fund or replenish an operating or capital reserve for the District; and C. Payment of a proportionate share of Administrative Expenses as such term is defined in the Rate and Method. The proceeds of the special tax shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: 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. Resolution No. 2022-106— Page 1 of 3 SECTION 6: All monies above collected shall be paid into the District funds, including but not limited to, any special tax fund and reserve fund. SECTION 7: The County Auditor 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 special tax and for the exact rate and amount of said tax, reference is made to the attached Annual Status Report. SECTION 8: The County Auditor shall then,at the close of the tax collection period, promptly render to the District 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 expense of making any such collection. Resolution No. 2022-106 — Page 2 of 3 PASSED, APPROVED, and ADOPTED this 20th day of July 2022. L. ennis Mic aei, Mayor ATTEST: I idixi da 4 ice C. Reynolds, Cit r Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed,approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 20th day of July 2022. AYES: Hutchison, Kennedy, Michael, Scott NOES: None ABSENT: None ABSTAINED: None Executed this 21st day of July, 2022, at Rancho Cucamonga, California. ;0/4ae_ {. ce C. Reynolds, City Clerk Resolution No. 2022-106 — Page 3 of 3