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)