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HomeMy WebLinkAbout08-029 - Resolutions RESOLUTION NO. FD 08-029 RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 88-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 88-1 WHEREAS, the BOARD OF DIRECTORS of the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, CALIFORNIA, ('Board of Directors"), formed a Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act'). The Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 88-1 (the "District'); and, WHEREAS, the Board of Directors desires to initiate proceedings to consider the annexation of certain real property to the District (the 'Territory"); and WHEREAS, a map entitled "Annexation Map No. 88-08-3 to Community Facilities District No. 88-1 Rancho Cucamonga Fire Protection District, County of San Bernardino, State of California" (the"Boundary Map")showing the Territory proposed to be annexed to the District has been submitted,which map has been previously approved and a copy of the map shall be kept on file with the transcript of these proceedings; and WHEREAS, this Board of Directors now desires to proceed to adopt its Resolution of Intention to annex the Territory to District, to describe the territory included within District and the Territory proposed to be annexed thereto, to specify the services to be financed from the proceeds of the levy of special taxes within the Territory, to set and specify the special taxes that would be levied within the Territory to finance such services, and to set a time and place for a public hearing relating to the annexation of the Territory to the District. NOW,THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: RECITALS SECTION 1: The above recitals are all true and correct. LEGAL AUTHORITY SECTION 2: These proceedings for annexation are initiated by this Board of Directors pursuant to the authorization of the Act. INTENTION TO ANNEX; DESCRIPTION OF TERRITORY AND THE DISTRICT SECTION 3: This legislative body hereby determines that the public convenience and necessity requires that the Territory be added to the District and this Board of Directors declares its intention to annex the Territory to the District. Resolution No. FD 08-029 Page 2 of 7 A description of the Territory is as follows: All that property within the Territory proposed to be annexed to the District, as such property is shown on the Boundary Map as previously approved by this legislative body,a copy of which is on file in the Office of the Secretary and shall remain open for public inspection. A general description of the territory included in the District is hereinafter described as follows: All that property and territory as originally included within the District and as subsequently annexed to the District, as such properties were shown on maps of the original District and the territories subsequently annexed to the District, all as approved by this Board of Directors and designated by the name of the original District. Copies of such maps are on file in the Office of the Secretary and have also been filed in the Office of the County Recorder. SERVICES AUTHORIZED TO BE FINANCED BY THE DISTRICT SECTION 4: The services that are authorized to be financed by the District from the proceeds of special taxes levied within the District (the "Services") are generally described in Exhibit A attached hereto and incorporated herein by this reference. The District shall finance all direct,administrative and incidental annual costs and expenses necessary to provide the Services. The Services authorized to be financed by the District from the proceeds of special taxes levied within District are the types of services to be provided in the Territory. If and to the extent possible the Services shall be provided in common within the District and the Territory. SPECIAL TAXES SECTION 5: It is the further intention of this Board of Directors body that, except where funds are otherwise available, a special tax sufficient to pay for the Services and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in the Territory, will be levied annually within the boundaries of such Territory. For further particulars as to the rate and method of apportionment of the proposed special tax, reference is made to Exhibit B (the "Special Tax Formula"), which is attached hereto and incorporated herein by this reference and which sets forth in sufficient detail the method of apportionment of such special tax to allow each landowner or resident within the proposed Territory to clearly estimate the maximum amount that such person will have to pay. Resolution No. FD 08-029 Page 3 of 7 The special tax proposed to be levied within the Territory shall be equal to the special tax levied to pay for the Services in the District, except that a higher or lower special tax may be levied within the Territoryto the extent that the actual cost of providing the Services in the Territory is higher or lower than the cost of providing those Services in the original District. Notwithstanding the foregoing, the special tax may not be levied at a rate which is higher than the maximum special tax authorized to be levied pursuant to the Special Tax Formula. The special taxes herein authorized shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency, as applicable for ad valorem taxes; however, as applicable, this legislative body may, by resolution, establish and adopt an alternate or supplemental procedure as necessary. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the Rancho Cucamonga Fire Protection District, acting for and on behalf of the District. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California,a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the Territory and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the legislative body ceases. The maximum special tax rate authorized to be levied within the District shall not be increased as a result of the annexation of the Territory to the District. PUBLIC HEARING SECTION 6: NOTICE IS GIVEN THAT ON THE 16th DAYOFJULY2008,ATTHE HOUR OF 7:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA, A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE AUTHORIZATION FOR THE ANNEXATION OF THE TERRITORY TO THE DISTRICT, THE PROPOSED METHOD AND APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED WITHIN THE TERRITORY AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. AT SUCH PUBLIC HEARING, THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ANNEXATION OF THE TERRITORY OR THE LEVYING OF SPECIAL TAXES WITHIN THE TERRITORY WILL BE HEARD. Resolution No. FD 08-029 Page 4 of 7 AT SUCH PUBLIC HEARING, PROTESTS AGAINST THE PROPOSED ANNEXATION OF THE TERRITORY, THE LEVY OF SPECIAL TAXES WITHIN THE TERRITORY OR ANY OTHER PROPOSALS CONTAINED IN THIS RESOLUTION MAY BE MADE ORALLY BY ANY INTERESTED PERSON. ANY PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND SHALL CLEARLY SET FORTH THE IRREGULARITIES OR DEFECTS TO WHICH OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE SECRETARY PRIOR TO THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. MAJORITY PROTEST SECTION 7: If (a) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the District, (b) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the Territory, (c) owners of one-half or more of the area of land in the territory included in the District, or(d) owners of one-half or more of the area of land in the territory included in the Territory,file written protests against the proposed annexation of the Territory to the District and such protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be undertaken fora period of one year from the date of the decision by the Board of Directors on the issues discussed at the public hearing. ELECTION SECTION 8: Upon the conclusion of the public hearing, if the legislative body determines to proceed with the annexation, a proposition shall be submitted to the qualified electors of the Territory. The vote shall be by registered voters within the Territory; however, if there are less than 12 registered voters, the vote shall be by landowners, with each landowner having one vote per acre or portion thereof within the Territory. NOTICE SECTION 9: Notice of the time and place of the public hearing shall be given by the Secretary by publication in a legally designated newspaper of general circulation, said publication pursuant to Section 6061 of the Government Code, with said publication to be completed at least seven (7) days prior to the date set for the public hearing. A copy of this Resolution shall be transmitted to the City Council of the City of Rancho Cucamonga as required by the Act. Resolution No. FD 08-029 Page 5 of 7 PASSED, APPROVED, AND ADOPTED this 18`h day of June 2008. AYES: Gutierrez, Michael, Williams NOES: None ABSENT: Kurth, Spagnolo ABSTAINED: None . De nis ichael, Vice P esident ATTEST: Kath L. qcott, CMC, Secretary I, KATHRYN L. SCOTT, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the 18`h day of June, 2008. Executed this 19`h day of June 2008 at Rancho Cucamonga, California. Kathryn L.tcott, CMC, Secretary Resolution No. FD 08-029 Page 6 of 7 EXHIBIT A COMMUNITY FACILITIES DISTRICT NO. 88-1 DESCRIPTION OF THE SERVICES The performance by employees of functions, operations, maintenance and repair activities in order to provide fire protection and suppression services. Resolution No. FD 08-029 Page 7 of 7 EXHIBIT B COMMUNITY FACILITIES DISTRICT NO. 88-1 ANNEXATION NO. 88-08-3 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FISCAL YEAR 2008/09 SPECIAL TAX LEVY TAXING CLASSIFICATION FISCAL YEAR 2008/09 1. DEVELOPED PROPERTY A. Residential Class 1 $447.49 (more than 3590 SF) B. Residential Class 11 $344.89 (3077 to 3589 SF) C. Residential Class III $274.43 (2564 to 3076 SF) D. Residential Class IV $239.82 (2308 to 2563 SF) E. Residential Class V $207.66 (2051 to 2307 SF) F. Residential Class VI $189.14 (1795 to 2050 SF) G. Residential Class VII $170.58 (less than 1795 SF) Commercial/Industrial Property $688.54 per acre or$0.061 per square foot or building area, whichever is greater. 2. APPROVED PROPERTY $200.00 per lot or parcel 3. VACANT PROPERTY $10.00 per acre SF = Square Feet