ORDINANCE OF THE BOARD OF SUPERVISORS
OF THE COUNTY OF RIVERSIDE, CALIFORNIA
AUTHORIZING THE LEVY OF A SPECIAL TAX
WITHIN COMMUNITY FACILITIES DISTRICT NO. 85‑2
WHEREAS, on April 30, 1985, the Board of Supervisors of the County of Riverside (the "Board of Supervisors"), adopted Resolution No. 85‑238 stating its intention to form Community Facilities District No. 85‑2 of the County of Riverside ("Community Facilities District No. 85‑2") pursuant to the Mello‑Roos Community Facilities Act of 1982, as amended, (the "Act"); and
WHEREAS, on April 30, 1985, the Board of Supervisors also adopted Resolution No. 85‑239 stating its intention to incur bonded indebtedness in the amount not to exceed $44,000,000 within proposed Community Facilities District No. 85‑2 for the purpose of financing certain water, sewer, street, storm drain, street light and utility improvement and public park improvement facilities (the "Facilities") to serve the area within Community Facilities District No. 85‑2; 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. 85‑2 and to incur bonded indebtedness in the amount not to exceed $44,000,000 within the boundaries of proposed Community Facilities District No. 85‑2;
WHEREAS, on July 23, 1985, the Board of Supervisors adopted Resolution 85‑406 amending Resolution 85‑238 and continuing the Public Hearing;
WHEREAS, notice of the continued public hearing relative to the intention of the Board of Supervisors to form proposed Community Facilities District No. 85‑2 and incur bonded indebtedness in the amount not to exceed $44,000,000.00 within the boundaries of proposed Community Facilities District No. 85‑2 was published;
WHEREAS, on July 30, 1985, the Board of Supervisors held a noticed hearing as required by law relative to the determination to proceed with the formation of Community Facilities District No. 85‑2 and the rate and method of apportionment of the special tax to be levied within Community Facilities District No. 85‑2 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. 85‑2 were heard and a full and fair hearing was held;
WHEREAS, the Board of Supervisors subsequent to said hearing adopted Resolution No. 85‑413 which determined the validity of prior proceedings relative to the formation of Community Facilities District No. 85‑2 and incurring bonded indebtedness;
WHEREAS, the Board of Supervisors subsequent to said hearing adopted Resolution No. 85‑414 which established Community Facilities District No. 85‑2, authorized the levy of a special tax within Community Facilities District No. 85‑2 and called an election within Community Facilities District No. 85‑2 for August 30, 1985 on the proposition of incurring bonded indebtedness and levying a special tax;
WHEREAS, the Board of Supervisors subsequent to said hearing also adopted Resolution No. 85‑415 which determined the necessity to incur bonded indebtedness in the amount not to exceed $44,000,000 within Community Facilities District No. 85‑2; and called an election within Community Facilities District No. 85‑2 for August 30, 1985 on the proposition of incurring bonded indebtedness and levying a special tax;
WHEREAS, on August 30, 1985, an election was held within Community Facilities District No. 85‑2 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 pursuant to the formula set forth in Exhibit "A" attached hereto and incorporated by reference in an amount necessary to pay all amounts payable with respect to the bonded indebtedness within the boundaries of Community Facilities District No. 85‑2.
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 and Resolution No. 85‑238 as amended by Resolution No. 85‑406.
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: 11‑19‑1985 (Eff.: 12‑19‑85)
EXHIBIT "A"
COMMUNITY FACILITIES SPECIAL TAX
FOR COMMUNITY FACILITIES DISTRICT NO. 85‑2
OF
THE COUNTY OF RIVERSIDE
(CALIFORNIA OAKS)
The proposed Special Tax for Community Facilities District No. 85‑2 (herein "the District") shall be levied and collected according to the tax liability determined by the County of Riverside for each Assessor's Parcel in the District.
A. All of the property in Project Area unless exempted by law or by these proceedings shall be taxed for the purposes, to the extent and in the manner herein provided. Attached as Schedule I to this Exhibit "A" is a copy of the Special Tax Allocation Map, the original of which is on file with the Clerk of the County of Riverside and as witnessed by this reference is herein incorporated. The following Classes are established for the purposes of imposing, administering, levying and collecting the herein specified Special Tax and all property in the District not exempt from the Special Tax for the District is in one of such classes:
Class Unit Units Per Amount
1 Low Density Residential (LDR) 511 $1,040/Unit
2 Medium Low Density (MLD) 612 890/Unit
3 Medium Density Residential
(MDR) 2,818 680/Unit
4 Medium High Density
Residential (MHDR) 4,113 520/Unit
5 High Density Residential
(HDR) 1,996 370/Unit
6 Commercial 71 acres 2,500/Acre
7 Industrial 129 acres 1,250/Acre
B. Schedule II of this Exhibit "A" sets forth a list of Tax Allocation Parcels based upon the Special Tax Allocation Map which depicts each such Tax Allocation Parcel Number which at this time do not relate to existing Assessor's Parcels but are based upon the Tax Allocation Map which is the same as the present approved Specific Plan heretofore approved for the Project Area by the Board of Supervisors of Riverside County.
C. Schedule III of this Exhibit "A" is a reconciliation of the Tax Allocation Parcels as shown on Schedule II relative to the Assessor's Parcels of the Project Area as shown on the 1985/1986 Assessment Roll of the County of Riverside.
D. Schedules II and III also designate the number of units or acres for the respective classes for each Tax Allocation Parcel and each Assessor's Parcel based upon the 1985/1986 Assessment Roll for the County of Riverside and the quantity of units in each class for each tax allocation and Assessor's Parcel. Schedules II and III shall be updated by the County of Riverside prior to July 1 of each year.
E. Levy and Collection of Tax. The herein authorized Special Tax as to each of the classes for each of the Tax Allocation Parcels shall only be levied upon the property within each such Tax Allocation Parcel if during the year preceding the deadline for the placement upon the secured Assessment Roll of the County of Riverside, a final tract map or similar map or instrument has been recorded for the property that is to be subject to the Special Tax on the basis of one or more of each of the hereinabove specified seven classes. As to all other property within the District, the Special Tax shall be levied by taking the amount of money needed to pay interest and principle on any bonds then issued and outstanding on behalf of Community Facilities District No. 85‑2 and dividing it by the number of net acres as shown on the records of the County Assessor of the County of Riverside that are not within the boundaries of a recorded final tract map or final parcel map as of such date. This amount per acre shall then be computed times the number of acres in each Assessor's Parcel for such fiscal year and shall be the amount of the Special Tax for all such property. In the event that this alternate method of allocating the Special Tax for Community Facilities District No. 85‑2 is determined to be invalid then in such event the alternative tax pending recordation of final tract maps or similar map shall be based upon utilizing the Special Tax Allocation Map incorporated herein and the units or acres in each of the respective classes as to the Assessor's Parcels for such year shall determine the amount which shall be related to and levied on the respective Assessor's Parcels within the District for such fiscal year. It is contemplated that bonds will be sold only in an amount that the interest and principle can be paid pursuant to levying and collecting this tax, the Special Tax as herein specified. The amount shall first be levied in each Special Tax Parcel based on each of the classes relating to such parcel following the recordation of a final tract map and that this amount shall be used to pay the interest and principle on any outstanding bonds of the District. To the extent that the amounts herein specified for each unit and each class for each Special Tax Parcel do not raise a sufficient amount of money of the interest and principle on the bonds, the remaining amount needed for payment of interest and principle on all bonds of the District shall be levied and collected pursuant to the alternative tax procedure herein set forth.
F. Apportionment. In levying the Special Tax based the seven categories of development set forth in the Specific Plan, as opposed to raising such money by means of the alternative tax method herein specified, it is necessary that certain definitions be established. The categories, particularly the five residential categories, can overlap. The following provisions shall apply to apportionment:
1. The planning unit as set forth in Specific Plan Number
173 shall govern as to the type of structures built within the boundaries of the planning unit. Any residential unit built within the area of Specific Plan Number 173, shall be considered a residential unit of the type designated for the planning unit in which it is built. This results in similar rates for adjoining parcels within planning units.
2. For commercial and industrial, the area upon which the
special tax shall be applied shall be the entire net area of the parcel exclusive of streets but inclusive of all land contained therein irrespective of its topography or usability.
Changes in the above methods of apportioning the Special
Tax upon a specific area shall occur only upon formal approved changes in the specific plan and such changes shall be consistent with the provisions herein set forth.
In the case of divisions for the purpose of constructing
multiple residential units such as condominiums, apartments, etc., the developer will be required to set forth the number of such units proposed upon the divided parcels and the Special Tax for that number of units as set forth herein will be transferred to these parcels upon their recordation.
If, at the time of issuance of building permits, it is
found that the number of units proposed differ from those upon which the apportionment was based, the Special Tax shall be adjusted pro rata throughout the Project Area among the various categories if the number of units is greater or less than set forth in the original apportionment. An equal Special Tax shall be applied to each unit for which the Special Tax had not previously been transferred to the property. If the number of units proposed are fewer than that upon which the original apportionment was made, the excess unapportioned Special Tax shall be levied pro rata upon the remaining buildable area within the Project Area among the various categories and Tax Allocation and Assessor's Parcels. In the event a formal determination is made that no further building will occur upon the property, the balance of the Special Tax not apportioned shall be levied upon the undeveloped acreage.
G. 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.
H. Modification of Special Tax Rate. The tax rates set forth in the beginning of this section are maximums and shall not be increased. The tax rate on the land prior to the recordation of a final or similar map shall vary with the issuance of bonds and the resulting increase in the debt service reduced by apportionment to the Tax Allocation and Assessor's Parcels as development occurs.
COMMUNITY FACILITIES DISTRICT NO. 85‑2 OF THE COUNTY OF RIVERSIDE
(CALIFORNIA OAKS)
SCHEDULE II
TAX ALLOCATION PARCEL CLASS NUMBER OF UNITS
1 6 37 ac.
2 4 1020
3 4 1392
4 4 195
5 6 17 ac.
6 5 486
7 5 522
8 7 129 ac.
9 3 752
10 3 540
11 2 320
12 7 5 ac.
13 0 0
14 6 6 ac.
15 0 0
16 5 432
17 1 382
18 2 292
19 3 264
20 3 416
21 4 588
22 4 510
23 6 11 ac.
24 5 558
25 3 846
26 4 408
27 1 12
28 1 50
29 1 31
30 1 36
COMMUNITY FACILITIES DISTRICT No. 85‑2 OF THE COUNTY OF RIVERSIDE
(CALIFORNIA OAKS)
SCHEDULE III
ASSESSORS PARCEL CLASS UNITS PER CLASS
907‑16‑005 3 752
907‑16‑006 7 25 ac.
907‑15‑001 7 50 ac.
907‑03‑016 7 25 ac.
907‑03‑017 7 20 ac.
907‑03‑017 5 622
907‑15‑022 7 9 ac.
907‑15‑020 6 7 ac.
907‑11‑032 6 15 ac.
907‑03‑019 6 9 ac.
907‑03‑019 5 586
907‑15‑023 6 8 ac.
907‑03‑008 6 15 ac.
907‑03‑008 4 2707
907‑03‑018 6 19 ac.
907‑03‑009 5 10 ac.
907‑03‑015 2 300
907‑02‑020 3 400
907‑02‑021 3 340
907‑03‑010 2 120
907‑03‑010 1 182
907‑02‑009 1 200
907‑03‑006 2 300
907‑03‑006 3 364
907‑02‑008 3 846
907‑02‑002 1 67
907‑03‑004 3 264
907‑02‑007 5 558
907‑02‑007 4 408
907‑08‑001 3 476
907‑02‑006 4 300
907‑02‑005 4 10
914‑02‑001 4 200
907‑02‑003 1 50