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HomeMy WebLinkAbout97-017 - ResolutionsRESOLUTION NO. FD 97-017 RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, CALIFORNIA, DECLARING THE ANNEXATION OF TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT, CALLING A SPECIAL ELECTION AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, the BOARD OF DIRECTORS of the Rancho Cucamonga Fire Protection District, CALIFORNIA (the "Legislative Body"), has previously declared its intention and held and conducted proceedings relating to the annexation of territory to an existing Community Facilities Distdct 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, and specifically Article 3.5 thereof. The existing Community Facilities Distdct has been designated as COMMUNITY FACILITIES DISTRICT NO. 85-1 (the "District"); and, 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 public services described below and all other related matters has been given, and an Annexation Report, as ordered by this Agency, has been presented and considered; and, the area proposed to be annexed is known and designated as COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 97-1 (the "Annexed Territory"); it has now been determined that wdtten protests have not been received by 50% or more of the registered voters residing either within the Annexed Territory or the original District and/or property owners representing more than one-half (1/2) or more of the Annexed Territory or within the odginal District; and, inasmuch as there have been less than twelve (12) persons registered to vote within the Annexed Territory for each of the 90 preceding days, this legislative body is desirous to submit the levy of the required special tax to the landowners of the territory proposed to be annexed to the District, said landowners being the qualified electors as authorized by law; and it has been determined that all of the qualified electors of the Annexed Territory have waived the statutory time period within which an election shall be held to submit the levy of the special tax, have further waived the right to notice and the presentation of arguments and analysis for such election and have consented to holding a special election on October 15, 1997. Resolution No. FD97-017 Page 2 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: RECITALS SECTION 1. The above recitals are all true and correct. SECTION 2. PROTESTS 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. SECTION 3. ANNEXATION ORDER This legislative body does hereby declare the annexation of the territory to the existing Community Facilities District, known and designated as "COMMUNITY FACILITIES DISTRICT NO. 85~1, ANNEXATION NO. 97-1". SECTION 4. BOUNDARIES OF ANNEXED AR!=A. The boundaries and parcels of land to be annexed and in which the public services described below 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 Community 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 Community Facilities District, a copy of which is on file in the Office of the Secretary and shall remain open for public inspection. D!=SCRIPTION OF PUBLIC FACILITIES AND PUBLIC SERVICES SECTION $. A general description of the public facilities to be financed are generally described as follows: Fire protection and suppression facilities, and appurtenances including equipment, real property and other tangible property with an estimated useful life of five (5) years or longer for Fire Stations 2, 3, 4 and 5. Resolution No, FD97-017 Page 3 A general description of the public services to be financed are generally described as follows: The performance by employees of functions, operations and maintenance and repair activities in order to provide fire protection and suppression services. The services shall be provided in common within the Distdct and the Annexed Territory. SECTION 6. SPECIAL TAX A special tax, except where funds are otherwise available, is hereby authorized, subject to voter approval, to be levied annually within the boundaries of the Annexed Territory. For particulars as to the rate and method of apportionment of the proposed special tax, 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 Annexed Territory to clearly es'~.imate the maximum amount that said person will have to pay for said facilities and services. Said special tax shall be utilized to finance the construction, expansion, rehabilitation or purchase of the public capital facilities and the provision of the public services described hereinabove. SECTION 7. VALIDITY OF PROCEEDINGS It is hereby further determined 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 ACt, and that this finding and determination is made pursuant to the provisions and authorization of Section 53325.1 of the Government Code of the State of California. SECTION 8. ELECTION The proposition related to the levy of the special tax shall be submitted 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 1st DAY OF OCTOBER, 1997, and said election to be conducted by the Secretary (the "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. Resolution No. FD97-017 Page 4 SECTION 9. BALLOT The ballot proposal to be submitted to the qualified voters at the election shall generally be as follows: PROPOSITION A RANCHO CUCAMONGA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 97-1, AUTHORIZATION FOR SPECIAL TAX LEVY' Shall Community Facilities District No. 85-1 be authorized to levy a special tax on properties within the boundaries of Annexation No. 97-1 to (a) pay for authorized public facilities and public services and (b) to modify the Article XlIIB appropriations limit for Community Facilities District No. 85-1 to equal the maximum authorized special taxes which may be levied in any fiscal year in Community Facilities District No. 85-1, including the territory within Annexation No. 97-1 thereto? VOTE SECTION 10. The appropriate mark placed in the voting square after the word "YES" shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the voting square after the word "NO" in the manner as authorized, shall be counted against the adoption of said proposition. ELECTION PROCEDURE SECTION !1. 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: A. Prepare and furnish to the election officers necessary election supplies for the conduct of the election. B. Cause to be printed the requisite number of official ballots, tally sheets and other necessary forms. C. Furnish official ballots for the qualified electors of the ,Community Facilities District. Resolution No. FD97-017 Page 5 Cause the official ballots to be delivered, as required by law. Receive the returns'of the election. Sort and assemble the election material and supplies in preparation for the canvassing of the returns. Canvass the returns of the election. Furnish a tabulation of the number of votes given in the election. Make all arrangements and take the necessary steps to pay all costs of the election incurred as a result of services performed by the Distdct and pay costs and expenses of all election officials. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and in the form as required by law. ATTEST: PASSED, APPROVED, AND ADOPTED this 15th day of October, 1997. Alexander, Curatalo, Gutierrez, Williams AYES: NOES:: None ABSENT:: Biane ABSTAINED': None William J./~fexander, President D~ebra J. Adam ,~~)'-'~S~c~retary Resolution No. FD97-017 Page 6 I, DEBRA J. ADAMS, 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 15th day of October, 1997. Executed this 16th day of October, 1997, at Rancho Cucamonga, California. D eb ra/~J Ads. s~,~ec re ta~~~ Resolution No. FD97-017 Page 7 Exhibit A COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 97-1 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX The rate and method of apportionment, limitations on and adjustment to the Special Tax shall be as follows: To pay for fire suppression services and to finance fire suppression facilities, the Maximum Special Tax in Community Facilities Distdct No. 85-1, Annexation No. 97-1 for Fiscal Year 1997-1998 shall be: Structures Residential Multi-Family Commercial Industrial DU= Dwelling unit TU= Total dwelling units SF= Square feet Maximum Annual Special Tax 1 DU = $105.57 2 DU 3 DU 4 dU 5-14 DU 15-30 DU 31-80 DU 81-UP DU =($105.57) 1.75 =($105.57)2.25 =($105.57)2.65 =($105.57)2.65 + [.35(TU-4)($105.57)] =($105.57)6.15 + [.30(TU-14)($105.57)] =($105.57)10.65 * [.25(TU-30)($105.57)] =($105.57)23.15 + [.20(TU-80)($105.57)] ($105.57) per acre + $0.057 per SF ($105.57) per acre + $0.07 per SF ANNUAL ADJUSTMENT The maximum Special Tax shall be annually adjusted commencing on July 1, 1997 and each July 1st thereafter for (a) changes in the cost of living or (b) changes in cost of living and changes in population as defined in Section 7901 of the Government Code, as amended, whichever is lesser. Resolution No. FD97-017 Page 8 REDUCTION IN SPECIAL TAX Commercial and industrial structures shall be granted a reduction in the Special Tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall be granted a reduction in Special Tax for each separate floor above or below the main ground floor of the structure. LIMITATION ON SPECIAL TAX LEVY The Special Tax shall only be levied on Developed Property. Developed Property is defined to be property: which is not owned by a public or governmental agency; which is not vacant; where a "certificate of occupancy" or "utility release" from the City of Ranch Cucamonga has been issued; which has an existing building or structure onsite; which does not have as its sole use power transmission towers, railroad tracks, and flood control facilities. Areas granted as easements for such purposes shall be subtracted from the total acreage of the underlying lot. The annual levy of the Special Tax shall be based upon an annual determination by the Board of Directors of the Rancho Cucamonga Fire Protection Distdct of the amount of other revenues available to meet budget requirements. As used in this formula, "available revenue" shall include ad valorem taxes, State of California augmentation, tax increment revenues received from the Redevelopment Agency of the City of Rancho Cucamonga and any other source of revenue except the Special Tax. The Board of Directors shall take all responsible steps to retain maximum Redevelopment Agency funding to which, by agreement, they may lawfully receive. To the extent available revenues are insufficient to meet budget requirements, the Board of Directors may levy the Special Tax. For further particulars regarding the rate and method of apportionment of the Special Tax, reference is made to the Final Report Mello-Roos Community Facilities District No. 85-1 For Fire Suppression Facilities/Services -Foothill Fire Protection District, a copy of which is on file in the office of the Fire Chief of the Rancho Cucamonga Fire Protection District. Exhibit A