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HomeMy WebLinkAbout97-014 - ResolutionsRESOLUTION NO. FD 97-014 RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING INTENTION TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 85-1 WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District (the "Board") at this time desires to consider the annexation of certain territory to an existing 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 Califomia, and specifically Article 3.5 thereof (the "Act"). The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 85-1 (the "District"); and, WHEREAS, the area proposed to be annexed shall be known and designated as COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 97-1 (the "Territory"); and, WHEREAS, the Board is now desires to proceed to adopt its Resolution of Intention to annex the Territory to the District, to describe the territory included within the District and the Territory, to specify the facilities and services to be provided, to set and specify the special taxes that would be levied within the Territory, and to set a time and place for a public hearing relating to the annexation of Territory to said District; and, WHEREAS, a map showing the Territory has been submitted, which said map is hereby approved and a copy of said map shall be kept on file with the transcript of these proceedings. 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 legislative body pursuant to the authorization of Section 53339.2 of the Government Code of the State of California. Resolution No. FD97-014 Page 2 INTENTION TO ANNEX SECTION 3: This Board hereby determines that the public convenience and necessity requires that the Territory be added to the Distdct and this Board declares its intention to annex the Territory to the District, and a description of the boundaries and Territory is as follows: All that property and territory proposed to be annexed to the 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 District, a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. A general description of the Territory included in the existing District is hereinafter described as follows: All that property and territory as previously included within the original District, as said property was shown on a map as approved by this Board designated by the name of the odginal existing District, a copy of which is on file in the Office of the City Clerk, as well as a copy being on file in the Office of the County Recorder. NAME SECTION 4: The name of the proposed annexation shall be known and designated as COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 97-1. FACILITIES SECTION 5: The types of public facilities provided in the Distdct and the Territory, if annexed, are generally described as set forth below: 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. Such facilities shall be shared among District and the Territory. SERVICES SECTION 6: The services to be provided in the District and the Territory, if annexed, are generally described as set forth below: Resolution No. FD97-014 Page 3 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 District and the Territory. SPECIAL TAX SECTION 7: It is the intention of this legislative body that, except where funds are otherwise available, a special tax sufficient to pay for the facilities and services described in Section 6. above and to be provided in the Territory, secured by recordation of a continuing lien against all non-exempt real property in the Territory, including property subsequently acquired by a public entity, will be levied annually within the boundaries of the 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 Territory to estimate the maximum amount that said person will have to pay. The proposed special taxes 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 establish and adopt an alternate or supplemental procedure as necessary. Inasmuch as the single Special Tax is to be levied to pay for both facilities and services, this legislative body declares its intention to levy such Special Tax for such period as the legislative body or any successor thereto deems such levy necessary to provide the authorized services. PUBLIC HEARING SECTION 8: NOTICE IS GIVEN THAT ON THE 1ST DAY OF OCTOBER, 1997, AT THE HOUR OF 7:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA 91730 A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE ANNEXATION OF THE TERRITORY TO THE DISTRICT, THE PROPOSED METHOD AND APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED WITHIN SAID TERRITORY AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. ANY INTERESTED PERSONS MAY APPEAR AND BE HEARD, AND VVRITTEN PROTESTS SHALL BE FILED ON OR BEFORE THE TIME FIXED FOR THE PUBLIC HEARING. Resolution No. FD97-014 Page 4 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. WRITTEN PROTESTS MAY BE WITHDRAWN IN WRITING AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. ELECTION SECTION 9: 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. If at least 12 persons, who need not be the same 12 persons, have been registered to vote in the Territory for each of the 90 days preceding the close of the public hearing, the vote shall be by registered voters within the Territory, with each voter having one vote. Otherwise the vote shall be by the landowners, as the term landowner is defined in the Act, of the Territory and each landowner who is the owner of record at ten close of the public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that he or she owns within the Territory. NOTICE SECTION 10: Notice of the time and place of the public hearing shall be given by the Secretary in the form and manner provided in the Act. A copy of this resolution shall be transmitted to the City Council of the City of Rancho Cucamonga as required by the Act. PASSED, APPROVED, AND ADOPTED this 20th day of August, 1997. AYES: NOES: ABSENT: ABSTAINED: Alexander, Biane, Curatalo, Gutierrez, Williams None None None Resolution No. FD97-014 Page 5 ATTEST: Debra J. AdaMs, Secretary 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 20th day of August, 1997. Executed this 21st. day of August 1997, at Rancho Cucamonga, California. Debra J. Adams, Secretary Resolution No. FD97-014 Page 6 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 District No. 85-1, Annexation No. 97-1 for Fiscal Year 1997-1998 shall be: Structures Maximum Annual Special Tax Residential 1 DU = $105.57 Multi-Family 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)] Commercial ($105.57) per acre + $0.057 per SF Industrial ($105.57) per acre + $0.07 per SF DU= TU= SF= Dwelling unit Total dwelling units Square feet 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. FD97-014 Page 7 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.