ORDINANCE NO. 631

ORDINANCE OF THE BOARD OF SUPERVISORS OF THE

COUNTY OF RIVERSIDE, CALIFORNIA, AUTHORIZING

THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY

FACILITIES DISTRICT NO. 86-1 


WHEREAS, on May 13, 1986, the Board of Supervisors of the County of Riverside (the "Board of Supervisors") adopted Resolution No. 86-203 stating its intention to form Community Facilities District No. 86-1 of the County of Riverside ("Community Facilities District No. 86-1") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"); and

 

WHEREAS, on May 13, 1986, the Board of Supervisors also adopted Resolution No. 86-204 stating its intention to incur bonded indebtedness in the amount of $75,000,000 within proposed Community Facilities District No. 86-1 for the purpose of financing the construction, acquisition, modification or rehabilitation of certain real and other tangible property with an estimated useful life of 5 years or longer, including an elementary school, a golf course and club house, a fire station, street and road facilities, an irrigation system, water facilities, sewer and waste facilities, public utility facilities, site grading and a community services center, all as more fully described in Resolution No. 86-203 (the "Facilities") to serve the area within Community Facilities District No. 86-1; and

 

WHEREAS, notice was published as required by law relative to the intention of the Board of Supervisors to form proposed Community Facilities District No. 86-1 and to incur bonded indebtedness in the amount of $75,000,000 within the boundaries of proposed Community Facilities District No. 86-1; and

 

WHEREAS, on June 17, 1986, this Board held a noticed public hearing as required by law to determine whether it should proceed with the formation of Community Facilities District No. 86-1, issue bonds to pay for the Facilities and authorize the rate and method of apportionment of a special tax to be levied within Community Facilities District No. 86-1 for the purpose of paying for the Facilities, creating or replenishing any necessary reserve funds, paying the annual costs associated with the bonds proposed to be issued to finance the Facilities, including, but not limited to, the principal and interest on the bonds, and paying any incidental expenses of the District as set forth in the Act and Resolution No. 86-267 establishing Community Facilities District No. 86-1; and

 

WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of Community Facilities District No. 86-1, the levy of a special tax and the issuance of bonds to pay for a portion of the Facilities were heard and a full and fair hearing was held; and

 

WHEREAS, on June 17, 1986, the Board of Supervisors adopted Resolution No. 86-267 which established Community Facilities District No. 86-1, authorized the levy of a special tax within Community Facilities District No. 86-1 and called an election within Community Facilities District No. 86-1 for June 19, 1986 on the proposition of incurring bonded indebtedness and levying a special tax; and

 

WHEREAS, on June 17, 1986, the Board of Supervisors also adopted Resolution No. 86-268 which determined the necessity to incur bonded indebtedness in the amount of $75,000,000 within Community Facilities District No. 86-1; and called an election within Community Facilities District No. 86-1 for June 19, 1986 on the proposition of incurring bonded indebtedness and levying a special tax; and

 

WHEREAS, on June 19, 1986, an election was held within Community Facilities District No. 86-1 following the publication of Resolution No. 86-268 in a newspaper of general circulation in which the qualified electors approved by more than a two-thirds vote the proposition of incurring bonded indebtedness of $75,000,000 and levying a special tax as set forth in Resolution No. 86-267;

 

NOW, THEREFORE, THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE DO ORDAIN AS FOLLOWS:

 

Section 1. The above recitals are all true and correct.

 

Section 2. By the passage of this Ordinance, the Board of Supervisors authorizes the levy of a special tax at the rate and formula set forth in Exhibit "A" attached hereto and incorporated by reference.

 

Section 3. This legislative body is hereby further authorized each year, by resolution, to determine the specific special tax rate and amount to be levied for the next fiscal year, except that the special tax rate to be levied shall not exceed that as set forth in Exhibit "A", but the special tax may be levied at a lower rate.

 

Section 4. Properties or entities of the state, federal or other local governments shall be exempt from the above-referenced and approved special tax.

 

Section 5. All of the collections of the special tax shall be used only as provided for in the Act and Resolution No. 86-267. The special tax shall be levied only so long as needed for its purpose as described in Resolution No. 86-267.

 

Section 6. The above authorized special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes as such procedure may be modified by law or this Board from time to time.

 

Section 7. As a cumulative remedy, if any amount levied pursuant thereto as a special tax for payment of bond interest or principal together with any penalties and other charges accruing under this Ordinance of the County of Riverside are not paid when due, the Board of Supervisors may, not later than four years after the due date of the last installment of principal, order that the same be collected by an action brought in the superior court to foreclose any lien therefor.

 

Section 8. This Ordinance relating to the levy of the special tax shall take effect, without publication, immediately upon its final passage in accordance with the provisions of Section 25123(c) of the Government Code, and this specific authorization for adoption is pursuant to the provisions of Section 53340 of the Government Code.

 

 

 

 

             EXHIBIT A

            RATE AND METHOD OF APPORTIONMENT OF

            SPECIAL TAX

            FOR COMMUNITY FACILITIES DISTRICT NO. 86-1

            OF

            THE COUNTY OF RIVERSIDE

            (MENIFEE VILLAGE)

             

 

 

 

 

The Special Tax for vacant land and planned or existing commercial, industrial or residential property within each Assessor's Parcel in Community Facilities District No. 86-1 (Menifee Village) (herein the "District") shall be levied and collected according to the tax liability determined by the County of Riverside through the application of the appropriate "Final Use Rate", "Approved Land Rate" or "Vacant Land Tax" described below.

 

 

A. All of the property in the District, unless exempted by law or by these proceedings, shall be taxed for the purposes described in the foregoing Resolution, to the extent and in the manner herein provided. The following classes are established for the purposes of imposing, administering, levying and collecting the Special Tax specified herein. All property in the District not exempt from the Special Tax for the District is in one of such classes:

Density Range

Dwelling Units

Class    Unit Types                                           per Acre

 

A                                 Residential                                                        4.5 - 5.49

B                                  Residential                                                        7.5 - 15.0

C                                 Residential - Mobile Homes                  4.0 - 6.0

D                                 Residential                                                        15.0 and above

E                                  Residential                                                        0 - 1.49

F                                  Residential                                                        1.5 - 4.49

G                                 Residential                                                        5.5 - 7.49

H                                 Commercial

I                                   Industrial

 

B. Levy and Collection of Tax

I. Final Use Rate

Initial Year Tax (1986/1987)

Class

A                                 Residential $525

B                                  Residential $456

C                                 Residential $376

D                                 Residential $310

E                                  Residential $776

F                                  Residential $639

G                                 Residential $503

H                                 Commercial $.31 per sq.ft.

I                                   Industrial $.25 per sq.ft.

 

 

II. Approved Land Rate Initial Year Tax (1986/1987)

 

Class

A                                 Residential $2,624 per acre

B                                  Residential $3,650 per acre

C                                 Residential (Mobile Homes) $1,883 per acre

D                                 Residential $6,205 per acre

E                                  Residential $ 776 per acre

F                                  Residential $2,238 per acre

G                                 Residential $3,183 per acre

H                                 Commercial $6,806 per acre

I                                   Industrial $3,063 per acre

 

The Special Taxes specified above as the "Initial Year Tax" for the "Final Use Rate" and "Approved Land Rate" categories are the taxes to be applied to any parcel made subject to a Final Use Rate or Approved Land Rate by this method of apportionment for the 1986/1987 tax year.

 

Commencing July 1, 1987, and on each succeeding July 1, the Initial Year Tax stated above for each of the "Approved Land Rate" and "Final Use Rate" categories shall be increased by an amount equal to the percentage increase in the Engineering News Record Construction Cost Index measured from July 1 of the preceding year, not to exceed ten percent (10%) for any twelve month period. The Initial Year Tax adjusted in accordance with the preceding sentence shall be the Special Tax to be applied to any parcel made subject to a Final Use Rate or Approved Land Rate for any tax year subsequent to the 1986/1987 tax year.

 

The first Approved Land Rate Special Tax applied to a parcel shall be the Approved Land Rate Base Year Tax for such parcel. The first Final Use Rate Special Tax applied to a parcel shall be the Final Use Rate Base Year Tax for such parcel. Until a parcel becomes subject to a Final Use Rate for each tax year following the tax year in which the Approved Land Rate Base Year Tax is established for a parcel, the Special Tax for such parcel shall be increased by two percent (2%) from the Special Tax in effect for the preceding tax year. For each of the thirty (30) tax years following the tax year in which the Final Use Rate Base Year Tax is established for a parcel, the Special Tax for such parcel shall be increased by two percent (2%) from the Special Tax in effect for the preceding tax year.

 

A Final Use Rate Special Tax shall be levied on a parcel only when a final subdivision map or similar map or instrument has been recorded for the property, or a building permit for a residential, commercial or industrial structure has been issued for the parcel, whichever occurs first. The applicable Class for a parcel subject to a Final Use Rate shall be determined from the density permitted for such parcel by the final subdivision map or similar map or instrument last recorded for such parcel.

 

An Approved Land Rate Special Tax shall be levied on a parcel only if such property has been conveyed since the date of formation of Community Facilities District No. 86-1 (Menifee Village). The applicable Class for a parcel subject to an Approved Land Rate Special Tax shall be determined from the density permitted for such parcel by the Specific Plan in effect for the District on the date such parcel was conveyed. Mobile home parcels shall be taxed at the Class C Final Use Rate or Approved Land Rate, as applicable, unless the permitted density range per acre varies from that stated for Class C, in which case, such parcels shall be taxed at the applicable Final Use Rate or Approved Land Rate for the density permitted for such parcels.

 

All other property within the District which is not subject to a Final Use Rate Special Tax or an Approved Land Rate Special Tax shall be designated "Vacant Land". To the extent that the levy of the Final Use Rate Special Tax and the Approved Land Rate Special Tax has not produced the revenue needed for the purposes of the District asset forth in the foregoing Resolution, a Special Tax shall be levied on the Vacant Land by taking the amount of money needed to create or replenish any reserves, to pay interest and principal on any bonds then issued and outstanding on behalf of Community Facilities District No. 86-1 (Menifee Village), and to pay any incidental expenses for the District as permitted by the foregoing Resolution, and dividing such sum by the number of acres in the District as shown on the records of the County Assessor of the County of Riverside that are subject to a Special Tax as Vacant Land. This amount per acre shall not exceed $2,000.00 per acre and shall then be multiplied times the number of acres in each Assessor's Parcel for such fiscal year, which shall result in the amount of the Special Tax for such property.

 

C. Changes in Development. In the event that, at the time a final subdivision map or similar map or instrument has been recorded or a building permit for a residential, commercial or industrial structure has been issued for a parcel, the permitted density range per acre as to residential property or square footage as to commercial or residential property changes from the Specific Plan for the District in effect on September 1, 1986, the Final Use Rate Tax shall be adjusted pro rata on all remaining land in the District for which building permits have not been issued.

 

D. Limitations. The Special Tax shall not be imposed upon public properties, open space, common area, utility properties and properties encumbered with public or utility easements making impractical their utilization for other than the purpose set forth in the easement.

 

 

 

 

 

 

 

 

ADOPTED: 7-8-86 (Eff. 7-8-86)