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Home My WebLink About91-291 - Resolutions RESOLUTION NO. 91-291 A RESOLUI~ON OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CAT.TFORNIA, ~ TO THE Q~ALTFIWn k'~.wc'rORS IN AN ANNEX~ AREA OF A C~94UNITY FAC~.~?IES DISTRICT A PROPOSITION TO LEVY A SPECIAL TAX AND WHERFAS, the City Council of the City of Rancho Cucamonga (herein- after referred to as the "legislative body of the local ~ency"), previously declared its intention and held and conducted proceedings relating to the annexation of territory to an existing Community Facilities District pursuant to the terms and provisions of the '94ello-Roos Ccm..,~nity Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Gove~,~t Code of the State of California, and specifically Article 3.5 thereof. The existing C~uL~lnity Facilities District has been designated as FACILITIES DISTRICT NO. 88-2 (hereinafter referred to as the "District"); and WHEREAS, the area proposed to be annexed is known and designated as ~ FACILITIES DISTRICT NO. 88-2, ANNEXATION NO. 1 (hereinafter referred WHEREAS, at this time this legislative body is desirous to proceed to make the necessary findings to levy the special tax within the annexed territory and to authorize the sukmittal of a proposition to the qualified electors, being the landowners of the territory proposed to be annexed, and establishing terms and conditions for the conduct of the election. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: S~/fION 1: That the above recitals are all true and correct. LEVY OF SPECIAL TAX S~CTION 2: That this legislative body does hereby specifically authorize the levy of a special tax within the annexed territory to pay for additional police services only, all as authorized under the terms and provisions of the '~ello-Roos Co~%~t,unity Facilities Act of 1982", in order to finance the authorized public services. SECTION 3: That the territory to be annexed to the District will pay the referenced special tax levy. A general description of the territory to be annexed is as follows: All that property and territory proposed to be annexed to the exist- ing C~,u~,onity Facilities District, as said property is shown on a map as previously approved by this legislative body, said map designated by the number of the annexation and the name of the existing Resolution No. 91-291 Page 2 C~u~nity Facilities District, a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. SECITON 4: Tbmt the amount of the special tax levy is as set forth in the RESOLUI~ON OF ~ON TO ANNEX, and said special tax shall be secured by recordation of a continuing lien against all nonexempt real property within the annexed territory. The tax for the annexed territory is the same as that for the original District, and for further particulars relating to the special tax, reference is made to the BALLOT and tax rate and apportionment formula as set forth herein, which is a part of this Resolution. ~ JWCTION S~ION 5: The proposition related to the levy of the special tax shall be sutmzitted to the qualified electors of the annexed territory, said electors being the landowners, with each landowner having one (1) vote for each acre or portion thereof of land which he or she owns within said annexed territory. The special election shall be held on the 9TH DAY OF OCTOB~, 1991, and said election shall be a special mailed ballot election to be conducted by the City Clerk (hereinafter "Election Official"). If the proposition for the levy of the special tax receives the aPProval of more than two-thirds (2/3) of the votes cast on the proposition, the special tax may be levied as provided for in the Resolution of Intention to Annex. SECTION 6: That the ballot proposal to be sutm%itted to the qualified voters at the election shall generally be as follows: PROPOSITION A CITY OF RANCHO CUCAMONGA (/DMMUNITY FAC/LITIES DISTRICT NO. 88-2 ANNEXATION NO. 1, AUTHORIZATION FOR Shall C~mLL~rtity Facilities District No. 88-2, City of Rancho Cucamonga, California, be authorized to levy the special taxes specified below on properties within the boundaries of Annexation No. 1 to (a) pay for authorized YES police public services, and (b) modify the Article XIIIB appropriations limit for C~m~,~nity Facilities District No. 88-2 to equal NO the maximum authorized special taxes which may be levied in any fiscal year in CO, L"LL~u~ity Facilities District No. 88-2, including the territory within Annexation No. 1 thereto? Resolution No. 91-291 Page 3 The existing tax rate and apportionment for the tax categories identified below, as previously approved for O~m~unity Facilities District No. 88-2, Annexation No. 1, are as follows: SPECIAL TAX "A" - PUBLIC FACILITIES NOT APPLICABLE SPECIAL TAX "B" - ADDITIONAL POLICE SERVICES Ail Developed Property shall be subject to the levy of Special Tax "B". The maximum authorized Special Tax "B" rates for fiscal year 1989-1990 are as follows: TAXING CLASSIFICATION TAX RATE 1.DEVELOPED PROPERTY A. Residential Class I $ 432 per year (More than 3,590 square fee of dwelling unit living area) * B. Residential Class II $ 320 per year (3,077-3,589 square fee of dwelling unit living area) * C. Residential Class III $ 240 per year (2,564-3,076 sc~are feet of dwelling unit living area) * D. Residential Class IV $ 192 per year (2,308-2,563 square feet of dwelling unit living area) * E. Residential Class V $ 160 per year (2,051-2,307 square feet of dwelling unit living area) * F. Residential Class VI $ 112 per year (Less than 2,051 sca,are feet of dwelling unit living area) * G. Co~u~rcial or industrial property $1,000 per acre per year ** The maximum annual Special Tax "B" rates shall be subject to escalation each July 1 cu, m~ncing July 1, 1990, at a rate not to exceed four percent (4%) per year. Special Tax "B" shall be levied annually so long as Special Tax "B" Revenues are necessary to pay for additional police services necessary to serve the properties located within the District. · * * * Resolution No. 91-291 Page 4 For all further particulars relating to the special tax, reference is made to the full text as set forth in the RESOLUTION DECLARING ANNEXATION OF TERRITORY as previously approved. VOTE SECTION 7: That the appropriate mark placed in the voting square after the word "YES" shall be counted in favor of the adoption of the proposi- tion, and the appropriate mark placed in the voting schlage after the word "NO" in the manner as authorized, shall be counted against the adoption of said proposition. S~/fION 8: The Election Official is hereby authorized to take any and all steps necessary for the holding of said election. Said Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of said election, and said services shall include, but not be limited to the following: 1. Prepare and furnish to the election officers necessary election supplies for the conduct of the election. 2. Cause to be printed the requisite number of official ballots, talley sheets and other necessary forms. 3. Furnish and address official ballots for the qualified electors of the Co~nity Facilities District. 4. Cause the official ballots to be mailed and/or delivered, as required by law. 5. Receive the returns of the election. 6. Sort and assemble the election material and supplies in prepara- tion for the canvassir~ of the returns. 7. Canvass the returns of the election. 8. Furnish a tabulation of the number of votes given in the election. 9. Make all arrangements and take the necessary steps to pay all costs of the election incurred as a result of servioes performed by the District and pay costs and expenses of all election officials. 10. Conduct and handle all other matters relating to the proceed~ and conduct of the election in the manner and form as re~red by law. S~CTION 9: That the City Clerk is hereby ordered to certify to the passage of this Resolution and to file a certified copy thereof with the Election Official. Resolution No. 91-291 Page 5 PASS~D, APPROVED, and ADOPTED this 2nd day of October, 1991. AYES: Alexander, Stout, Williams NOES: Wright ABS~T: Buquet Dennis L Stout, Mayor I, DEBRA J. ADAMS, CITY c~.WRK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution w~s duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 2nd day of October, 1991. Executed this 3rd day of October, 1991 at Rancho Cucamonga, California. ~_.~'-J~. ~ ,, City Clerk