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HomeMy WebLinkAbout92-007 - ResolutionsRESOLUTION NO. FD 92-007 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMDNGA FIRE ~ION DISTRICT, CITY OF RANCMO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, OF M~r.IO-ROOS COMMUNITY FACILITIES DISTRICT NO. 85-1 A ~ AND CONDITIONS FOR CONIYJCTING AN ~.FCTION WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protec- tion District ba~ previously declared its intention and held and conducted proceedings relating to the annexation of territory to an existing Cu~tm~onity Facilities District pursuant to the terms and provisions of the '~4ello-Roos Co~m~-onity 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 Co~m~onity Facilities District has been designated as M~.TO-ROOS COMMUNITY FACILITIES DISTRICT NO. 85-1 (hereinafter referred to as the "District"); and WHEREAS, the area proposed to be annexed is known and designated as M~I.IO-ROOS ~ FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 92-1 (here- inafter referred to as the "annexed territory"); and WHEREAS, at this time this legislative body is desirous to proceed to make the necessary findings to levy the special tax within the annexed territory and to authorize the submittal of a proposition to the qualified electors, being the landowners of the territory proposed to be annexed, and establishing terms and conditions for the conduct of the election. NOW, ~{EREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: RECITALS SECTION 1: That the above recitals are all true and correct. LEVY OF SPECIAL TAX SECTION 2: That this legislative body does hereby specifically authorize the levy of a special tax within the annexed territory, all as authorized under the terms and provisions of the '~4ello-Roos Cu~u~nity Facilities Act of 1982", in order to finance the authorized public capital facilities. Rssolution No. FD 92-007 Page 2 SECTION 3: That the territory to be annexed to the District will pay the referenced special tax levy. A general description of the territory to be annexed is as follows: All that property and territory proposed to be annexed to the existing Cun~t,unity Facilities District, as said property is shown on a map as previously approved by this legislative body, said map desigDated by the number of the annexation and the name of the exist- ing Cc~mtfunity Facilities District, a copy of which is on file in the office of the Secretary and shall remain open for public inspection. SPECIAL TAX RATE SECTION 4: That the amount of the special tax levy is as set forth in the RESOIt/fION OF INTENTION TO ANNEX, and said special tax shall be secured by recordation of a continuing lien against all non-exempt real property within the annexed territory. The tax for the annexed territory is the same as that for the original District, and for further particulars relating to the special tax, reference is made to the BAI.IOT and tax rate and apportionment formula as set forth herein, which is a part of this Resolution. ~.FCTION SECTION 5: The proposition related to the levy of the special tax shall be suhnitted 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 whichhe or she ownswithinsaidannexed territory. The special election shall be held on the 20th DAY OF MAY, 1992, or such earlier date unanimously agreed to by said electors and the Election Official as evidenced by the dated ballots, and said election shall be a special mailed ballot election to be conducted by the Secretary of the Board of Directors (hereinafter "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 theResolution of Intention to Annex. SECTION 6: That the ballot proposal to be submitted to the qualified voters at the election shall generally be as follows: Resolution No. FD 92-007 Page 3 P~FOS~I~ A RANCHO CUCAMONGA FIRE PROTECTION DISTRICT M~.TO-ROOS ~ FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 92-1, AUTHORIZATION FOR SPECIAL TAX LEVY Shall Mallo-Roos Oa,a~-unity Facilities District No. 85-1, Rancho Cucamonga Fire Protection District, be authorized to levy the special taxes specified below on properties within the boundaries of Annexation No. 92-1 to (a) pay for authorized public facilities and public services and/or any YES authorized and issued bonded indebtedness, and (b) to modify the Article XIIIB appropriations limit for Mello-Roos Con~unity Facilities District NO No. 85-1 to equal the maximum authorized special taxes which may be levied in any fiscal year in Mello-Roos C~m~funity Facilities District No. 85-1, including the territory within Annexation No. 92-1 thereto? The existing tax rate and apportionment for the tax categories identified below, as previously approved for Mello-Roos Cu~L.~munity Facilities District No. 85-1, Annexation No. 92-1, is attached hereto as Exhibit "A" . For all further particulars relating to the special tax, reference is made to the full text as set forth in the RESOLUTION DECLARING ANNEXATION OF TERRITORY as previously approved. VOTE SECTION 7: That the appropriate mark placed in the voting s~are after the word "YES" shall be counted in favor of the adoption of the proposi- tion, 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. k~.RCTION PROCEDURE SECTION 8: 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 reader 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: Prepare and furnish to the election officers necessary election supplies for the conduct of the election. Resolution No. FD 92-007 Page 4 Cause to be printed the requisite number of official ballots, talley sheets and other necessary forms. Furnish and address official ballots for the qualified electors of the Cunununity Facilities District. Cause the official ballots to be mailed and/or delivered, as required by law. 5. Receive the returns of the election. Sort and assemble the election material and supplies in prepara- tion for the canvassing of the returns. 7. 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 District and pay costs and expenses of all election officials· 10. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. CERTIFICATION SECTION 9: That the Secretary is hereby ordered to certify to the passage of this Resolution and to file a certified copy thereof with the Election Official· AYES: NOES: None ABS~qT: Buquet PASSFn, APPROVe3, and ADOPTED this 19th day of February, 1992· Alexander, Stout, Willie, Wright Dennis L. Stout, President Resolution No. FD 92-007 Page 5 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 19th day of February, 1992. Executed this 20th day of February, 1992, at Rancho Cucamonga, California. Resolution No. FD 92-007 Page 6 EXHIBIT "A" The rate and method of apportionment, limitations on and adjustment to the Special Tax and the establishment of the appropriations limit and adjustments thereto shall be substantially as follows: SPECIALTAX COMMUNITY FACILITIES DISTRICT To pay for fire suppression services and to finance fire suppression facilities, the maximum Special Tax in the Co~u~f~nity Facilities District shall be: Maximum Annual Special Tax Residential ($75) per du Multi-Family 2 du: 1.75 ($75) 3 du: 2.25 ($75) 4 du: 2.65 ($75) 5-14 du: 2.65 ($75) + [.35(tu - 4) ($75)] 15-30 du: 6.15 ($75) + [.30(tu - 14) ($75)] 31-80 du: 10.65 ($75) + [.25(tu- 30) ($75)] 81-up du: 23.15 ($75) + [.20(tu- 80) ($75)] Commercial ($75) per acre + $.04 per sf Industrial ($75) per acre + $.05 per sf Note: du = dwelling unit tu = total units sf = square feet The maximum Special Tax shall be annually adjusted for (a) changes in 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. REDUCT I ON SPECIAL TAX Cun.,ercial and industrial structures shall be granted a reduction in the Special Tax for the installation of complete sprinkler systems. In addition, multi-floor conmercial 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. Resolution No. FD 92-007 Page 7 LIMITATIONS TAXLEVY The Special Tax shall only be levied on developed property; provided that the Special Tax shall not be levied until a "Certificate of Occupancy" or "Utility Release" has been issued by the appropriate governmental agencies. The levy of the Special Tax shall be based upon an annual determina- tion by the Board of Directors of the amount of other revenues available to meet budget requirements. As used here, "available revenues" shall include ad valorem taxes, State agumentation, tax increment revenues received from any Redevelopment Agency and any other source of revenue except the Special Tax. The Board of Directors will 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, reference is hereby made to the Amended Report on file with the District. APPROPRIATION T,TMIT COMMUNITY FACILITIES DISTRICT An appropriations limit of $1,775,000.00 is proposed for the Cun,,~unity Facilities District as defined in Subsection (h) of Section 8 of Article XIIIB of the California Constitution. The appropriations limit shall be subject to annual adjustment for changes in cost of living and changes in population as defined in Section 7901 of the Government Code. For further particulars on the foregoing, reference is made to the Amended Report on file in the office of the Secretary of the Foothill Fire Protection District.