ORDINANCE OF THE BOARD OF SUPERVISORS
OF THE COUNTY OF RIVERSIDE, CALIFORNIA
AUTHORIZING THE LEVY OF A SPECIAL TAX
WITHIN IMPROVEMENT AREA No. B OF
COMMUNITY FACILITIES DISTRICT NO. 85‑1
WHEREAS, on February 5, 1985, the Board of Supervisors of the County of Riverside (the "Board"), adopted Resolution No. 85‑62 stating its intention to form Community Facilities District No. 85‑1 of the County of Riverside ("Community Facilities District No. 85‑1") and Improvement Areas No. A and No. B thereof (the "Improvement Areas") pursuant to the Mello‑Roos Community Facilities Act of 1982, as amended, (the "Act");
WHEREAS, on February 5, 1985, the Board also adopted Resolution No. 85‑63 stating its intention to incur bonded indebtedness in the amount not to exceed $15,000,000 within proposed Community Facilities District No. 85‑1 and the Improvement Areas for the purpose of financing certain water, sewer, roads, drainage, school electrical, gas and telephone facilities ("Facilities"), to serve the area within Community Facilities District No. 85‑1;
WHEREAS, notice was published as required by law relative to the intention of the Board of Supervisors to favor proposed Community Facilities District No. 85‑1 and to incur bonded indebtedness in the amount not to exceed $15,000,000 within the boundaries of proposed Community Facilities District No. 85‑1;
WHEREAS, on April 23, 1985, this Board held a noticed hearing as required by law relative to the determination to proceed with the formation of Community Facilities District No. 85‑1 and the Improvement Areas and the rate and method of apportionment of the special tax to be levied within Community Facilities District No. 85‑1 and the Improvement Areas to pay the principal and interest on the proposed bonded indebtedness;
WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of Community Facilities District No. 85‑1 and the Improvement Areas were heard and a full and fair hearing was held;
WHEREAS, the Board subsequent to said hearing, adopted Resolution No. 85‑232 which determined the validity of prior proceedings relative to the formation of Community Facilities District No. 85‑1 and Improvement Areas No. A and No. B and incurring bonded indebtedness;
WHEREAS, the Board subsequent to said hearing adopted Resolution No. 85‑233 which ordered certain changes and modifications to the Resolution of Intention and proceedings relative to the formation of Community Facilities District No. 85‑1 and Improvement Areas No. A and No. B;
WHEREAS, the Board subsequent to said hearing adopted Resolution No. 85‑234 which established Community Facilities District No. 85‑1, Improvement Area No. A and No. B, authorized the levy of a special tax within Improvement Areas No. A and No. B and called elections within Improvement Areas No. A and No. B for May 14, 1985 on the proposition of incurring bonded indebtedness and levying a special tax; and
WHEREAS, the Board subsequent to said hearing adopted Resolution No. 85‑235 which determined the necessity to incur bonded indebtedness within Improvement Areas No. A and No. B of Community Facilities District No. 85‑1, and called elections within Improvement Areas No. A and No. B for May 14, 1985 on the proposition of incurring bonded indebtedness and levying a special tax;
WHEREAS, on May 14, 1985, an election was held within Improvement Areas No. A and No. B of Community Facilities District No. 85‑1 in which the eligible electors approved by more than two‑thirds vote the proposition of incurring bonded indebtedness and levying a special tax.
NOW THEREFORE, IT IS HEREBY ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE AS FOLLOWS:
Section 1. By the passage of this Ordinance, the Board of Supervisors authorizes the levy of a special tax within Improvement Area No. B of Community Facilities District No. 85‑1 at the rate and formula set forth in Exhibit "A" attached hereto and incorporated by reference in an amount necessary to pay all amounts payable with respect to bonded indebtedness of Improvement Area No. B of Community Facilities District No. 85‑1 at the rate and formula set forth in Exhibit "A" attached hereto and incorporated by reference in an amount necessary to pay all amounts payable with respect to bonded indebtedness of Improvement Area No. B of Community Facilities District No. 85‑1.
Section 2. That 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 3. Properties or entities of the State, Federal or other local governments shall be exempt from the above‑referenced and approved special tax.
Section 4. All of the collections of the special tax shall be used as provided for in the Act on Resolution No. 85‑62 as amended by Resolution No. 85‑233.
Section 5. 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.
Section 6. 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 7. The Chairman shall sign this Ordinance and the Clerk of the Board of Supervisors shall cause the same to be published within fifteen (15) days after its passage at least once in the Riverside Press Enterprise, a newspaper of general circulation published and circulated in this County.
ADOPTED: 11‑19‑85 (Eff.: 12‑19‑85)
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
I. The Special Tax Based Upon Current Plans for Development
The tax rate and method of apportionment of the Special Tax, based upon the current plan for development of the property, as provided in the following Specific Plans:
Improvement Area No. A ‑ Golden Triangle Specific
Plan No. 155
Improvement Area No. B ‑ Drake Properties Specific
Plan No. 156
and as more specifically detailed in the Facilities Plan submitted to the County of Riverside (the "Plan"), a copy of which shall be placed on file at the offices of the Clerk of the Board of Supervisors, is proposed as follows:
A. Commercial Property and Industrial Property
The Special Tax, except where funds are otherwise available, for planned or existing Commercial and Industrial Property within each assessor's parcel shall be levied and collected at the maximum annual rate of $500.00 per acre per $1,000,000.00 of bonded indebtedness or portion thereof as of the date of levy of the special tax.
B. Residential Property
The Special Tax, except where funds are otherwise available, for planned or existing residential units shall be levied and collected according to the designated class of the unit as described below at an annual rate per $1,000,000.00 of bonded indebtedness or portion thereof as of the date of the levy of the Special Tax as follows:
Class Unit Type Amount (by Improvement Area)
A B
A Detached Units $56.48 $330.07
A B
B Attached Units $47.07 $275.06
C. Acres and Unit Type
In determining the number of acres for planned or existing commercial property or the Unit Type for a residential unit, all open space areas, public property, property owned by a community association, public or private utility company, or any public agency shall be excluded. In determining the amount of special tax to be levied within an assessor's parcel, the unit type of a residential unit shall be determined in accordance with the Plan, unless at the time building permits are obtained for such residential units the Unit Type is different than as indicated in the Plan, in which event the Special Tax may be proportionally adjusted as provided below.
II. The Special Tax Based Upon Change in Current Plans
For Development
In the event that at the time either Final Maps are recorded on the property or building permits are issued, the Unit Type or use of property within an assessor's parcel changes from the Unit Type or use of the property established in the Plan, the County of Riverside may proportionally adjust the Special Tax according to such change in accordance with the rate and method of apportionment set forth in Section III below.
III. Method for Determining The Special Tax Based Upon
A Change In The Current Plan For Development
In the event of a change in development as provided in Section II above, the rate and method of apportionment of the Special Tax shall be as follows:
A. Commercial and Industrial Property.
The proposed Special Tax for Community Facilities District No. 85‑1 of the County of Riverside, except where funds are otherwise available, for planned or existing Commercial and Industrial property within each assessor's parcel shall be levied and collected at a maximum annual rate of $500.00/acre per $1,000,000.00 of bonded indebtedness as of the date of the levy of the Special Tax. Such amount of the Special Tax shall be referred to in Section IV as "Y".
B. Residential Property.
The proposed Special Tax for Community Facilities District No. 85‑1 of the County of Riverside, except where funds are otherwise available, for planned or existing residential units within an assessor's parcels shall be levied and collected according to the designated class of the unit as described below at a maximum annual rate equal to "T" X "F" per $1,000,000.00 of bonded indebtedness or portion thereof as of the date of the levy of the Special Tax where "T" and "F" have the following meaning:
Class Unit Type Factor ("F")
A Detached Units 1.2
B Attached Units 1.0
M1 = # Units in Class A X 1.2
M2 = # Units in Class B X 1.0
T = Annual Debt Service ‑ Y / (M1 + M2)
F = The Factor listed above that corresponds to the particular Class of property.
C. Example.
Assume a total of 2418 units in Class A. This would produce a total factor of 2901.6 (2418 X 1.2). Assume a total factor for all classes of property is 3229.8. Assume $8,000.00 is levied on commercial and industrial property. Assume annual debt service per $1,000,000.00 of bonded indebtedness is $160,000.00.
T = 160,000 ‑ 8,000/3229 = 47.07
T (47.07) X F (1.2) = $56.48 debt service for a Class A unit per $1,000,000.00 of bonded indebtedness or portion thereof.
D. Acres and Unit Type.
In determining the number of acres for planned or existing commercial and industrial property or the Unit Type of a residential unit all open space areas, public property, property owned by a community association, public or private utility company, or any public agency shall be excluded.