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HomeMy WebLinkAbout91-290 - Resolutions RESOLUI~ON NO. 91-290 A RESOLUITC~ OF ~HE CITY OOUNCIL OF THE CITY OF RANCHO ~, CALIFORNIA, D~IARING ~ ANNEXATION OF TERRITORY TO AN EXISTING ~ FACTI.ITIES DISTRICT AND AUTHORIZING SU~4IT~AL OF LEVY OF SP~//AL TAXES TO THE WHEREAS, the city Council of the City of Rancho Cucamonga (herein- after referred to as the "legislative body of the local Agency"), has previously declared its intention and held and conducted proceedings relating to the annexation of territory to an existing Cc,11.LIAl. ldl.l, nity Facilities District pursuant to the terms and provisions of the '94ello-Roos C~LuL"%nity Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Gove~-~,.~_nt Code of the State of California, and specifically Article 3.5 thereof. The existing C~LuL~lnity Facilities District has been designated as ~ FACILITIES DISTRICT NO. 88-2 (hereinafter referred to as the "District"); and WHEREAS, notice of a public hearing relating to the annexation of territory to the existing District, the extent of the territory to be annexed, the furnishing of certain additional police services and all other related matters has been given, and an Annexation Report, as ordered by this Agency, has been presented and considered; and WHEREAS, the area proposed to be annexed is known and designated as ~ FACILITIES DISTRICT NO. 88-2, ANNEXATION NO. 1 (hereinafter referred WHEREAS, it has now been determined that written protests have not been received by registered voters and/or property owners representing more than one-half (1/2) or more of the area of land proposed to be annexed to said District or within the original District; and WHEREAS, ir~_~ch as there are less than twelve (12) registered voters residing within the territory proposed to be annexed to the District, and have been for at least the preceding ninety (90) days, this legislative body is desirous to sut~it the levy of the required special tax to the land- owners of the territory proposed to be annexed to the District, said land- owners being the qualified electors as authorized by law. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1: ~nat the above recitals are all true and correct. SECTION 2: That written protests, if any, have not been received from registered voters and/or landowners representing a majority protest, and all protests, if any, are hereby overruled and denied. R~solution No. 91-290 Page 2 ANNEXATION ORDER SECTION 3: That this legislative body does hereby declare the annexation of the territory to the existing C~LLonity Facilities District, known and designated as "~ FACILITIES DISTRICT NO. 88-2, ANNEXATION NO. 1". BOUNDARIES OF ANNEXED AREA S~CTION 4: That the boundaries and parcels of land to be annexed and in which the public services are to be provided and on which special taxes will be levied in order to pay the costs and expenses for said public services are generally described as follows: All that property and territory proposed to be annexed to the existing Co~L,,~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 Co~m~nnity Facilities District, a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. DESCRIPI~ON OF SERVICES SECTION 5: A general description of the type of public services provided in the existing District are generally described as follows: Police protection services which are in addition to the extent to which said services are currently provided to the territory within the District. SPECIAL TAX S~CION 6: That a special tax, except where funds are otherwise a%railable, is hereby authorized, subject to voter approval, to be levied annually within the boundaries of the territory to be annexed to said District. For particulars as to the rate and method of apportionment of the proposed special tax to pay for additional police services only, reference is made to the attached and inCorporated Exhibit "A", which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the territory proposed to be annexed to the District to clearly estimate the annual amount that said person will have to pay for said public services. Said special tax shall be utilized to finance the services described hereinabove. VALIDITY OF ~INGS S~'TION 7: It is hereby further de~ by this legislative body that all proceedings prior hereto were valid and taken in conformity with the requirements of the law, and specifically the provisions of the '~4ello-Roos C~hnity Facilities Act of 1982", and that this finding and de~tion is made pur~]ant to the provisions and authorization of Section 53325.1 of the Government Code of the State of California. Resolution No. 91-290 Page 3 SECTION 8: ~nis legislative body herewith sutx~ the levy of the special police tax to the qualified electors, said electors being the landowners of the territory proposed to be annexed to the existing District, with each landowner having one (1) vote for each acre or portion thereof of land which he or she owns within the territory proposed to be annexed to the existing C~m~nity Facilities District. S~CTION 9: This legislative body hereby further directs that a ballot proposition relating to the levy of the above referenced special tax be prepared. This Resolution shall not constitute the notice of the election and the Resolution sutmzitt~ the special tax levy to the voters shall constitute the notice of the election relating to the authorization for the special tax levy. S~-TION 10: ~hat the City Clerk is hereby ordered to certify to the passage of this Resolution and to file a certified copy thereof with tb~ Election Official. PASS,I), APPROVED, and ADOPI~D this 2nd day of October, 1991. AYES: Alexander, Stout, Williams NOES: Wright ABS~T: Buquet ~ I~ DEBRA J. AB3248~ CITY ~.~":RK of the city of l~ncho Cucaa~r~ California, cio herol:~r ce~if-y that. the fcregoinrj Ro..qolution was duly pa..q..qod, approved, and adopted l~r the City Council of the City of l~-who Cucaraoneflt, California, at a rocjular m~tin~ of said City Council held on the 2nd day of Executed this 3rd day of Oc'tol~r, 1@91 at. Range Cucamoncfit ~ California.