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HomeMy WebLinkAbout11-027 - Resolutions RESOLUTION NO. FD 11-027 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, AUTHORIZING THE APPOINTING AUTHORITY OR HIS DESIGNEE TO SUBMIT AN ASSESSMENT BALLOT ON BEHALF OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT IN THE PROCEEDINGS TO FORM LANDSCAPE MAINTENANCE DISTRICT NO. 2-11 AND PROVIDING DIRECTION ON THE SUBMISSION OF SAID ASSESSMENT BALLOTS WHEREAS, the City Council of the City of Rancho Cucamonga (the"City'), acting under the Landscaping and Lighting Act of 1972(the"1972 Act'),Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act ("Proposition 218"), (the 1972 Act,Article XIIID and Proposition 218 are collectively referred to as the "Assessment Law"), approved the commencement of procedures for the formation of Landscape Maintenance District No. 2-R ("LMD 2-R")to replace Landscape Maintenance District No. 2 and the levy of assessments within Landscape Maintenance District No.2-R,so that property owners may approve increased funding for the maintenance and servicing of improvements; and WHEREAS, pursuant to the provisions of Section 4 of Article XII ID of the California Constitution ("Article XIIID"), the City retained the services of NBS to provide assessment engineering services pertaining to the proceedings to consider the formation of LMD 2-R, including but not limited to, the identification of those properties that will receive special benefit from the maintenance and servicing of the improvements; and WHEREAS, NBS has determined that certain property owned by the Rancho Cucamonga Fire Protection District(the"Fire Protection District")and located within the proposed boundaries of LMD 2-R will receive special benefits from the maintenance and servicing of the improvements; WHEREAS,such Fire Protection District property(the"FPD Property')is located at 12270 Firehouse Court and, pursuant to the City of Rancho Cucamonga Landscape Maintenance District No. 2-R Fiscal Year 2011/12 Engineer's Report dated June 2011 and prepared and submitted by NBS (the "Engineer's Report") to the City Council, an assessment of $281.75 is proposed to be levied against the FPD Property for Fiscal Year 2011/12 (the "Proposed Assessment") to represent the special benefit to be received by the FPD Properties; and WHEREAS, the City Council has, pursuant to the Assessment Law, set a public hearing to be held on July 20, 2011 to consider the formation of LMD 2-R and the levy of assessments therein and directed the City Clerk to give notice of such public hearing,together with assessment ballots pursuant to which the record owners of all properties proposed to be assessed may express their support for or their opposition to the proposed levy of assessments against their properties; and WHEREAS, the Board of Directors concurs that the Proposed Assessments represent the special benefit to be received by the FPD Property and has determined that it would be in the public interest for the Fire Protection District to support the levy of the Proposed Assessment on the FPD Property. NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve, determine and order as follows: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the Board of Directors hereby designates the Appointing Authority or his designee as the representative of the Fire Protection District for the purpose of completing and submitting an assessment ballot on behalf of the Fire Protection District pertaining to the Proposed Assessments applicable to the FPD Property and directs the Appointing Authority or his designee to complete the assessment ballots to indicate the support of the Fire Protection District to the levy of the Proposed Assessments against the FPD Property. SECTION 3: That this resolution shall become effective upon its adoption. Please see the following page for formal adoption,certification, and signatures Resolution No. FD 11-027 - Page 2 of 3 PASSED, APPROVED, AND ADOPTED this 6" day of July 2011. AYES: Alexander, Buquet, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None L. Dennis Michael, President ATTEST: c nice C. Reynolds, Se etary I, JANICE C. REYNOLDS, 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 6`" day of July 2011. Executed this 7'" day of July 2011 at Rancho Cucamonga, California. nice C. Reynolds, Secretary Resolution No. FD 11-027 - Page 3 of 3