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HomeMy WebLinkAbout92-006 - ResolutionsRESOI/3I~ON NO. FD92-006 A RESOLUTION OF THE BOARD OF DIRECIDRS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, CITY OF RANCHO CUCAMDNGA, OOUNTYOFSANBERNARDINO, STATE OFCALIFORNIA, D~CIARING THE ANNEXATION OF TERRITORY TO M~IO-ROOS ~ FACILITIES DISTR/CT NO. 85-1 AND AUTHORIZING SUSMITTAL OF LEVY OF SPECIAL TAXES TO THE QU~TJFI~D WHERFAS, the Board of Directors of the Rancho Cucamonga Fire Protec- tion District has previously declared its intention and held and conducted proceedings relating to the annexation of territory to an existing Conu.unity Facilities District pursuant to the terms and provisions of the "Mello-Roos Oa~.,~,unity Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Gover~-ent Code of the State of California, and specifically Article 3.5 thereof. The existing Community Facilities District has been designated as M~IO-ROOS COMMUNITY FACILITIES DISTRICT NO. 85-1 (hereinafter referred to as the "District"); and WHERFAS, 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 facilities and all other related matters ban been given, and an Annexation Report, as ordered by this Agency, has been presented and considered; and WHEREAS, the area proposed to be annexed is known and designated as MFLO-RDOS COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 92-1 (here- inafter referred to as the "annexed territory"); and WHEREAS, it has now been determined that written protests have not been received by registered voters and/or property owners representing more than one-half (1/2) or more of the area of land proposed to be annexed to said District or within the original District; and WHEREAS, inasmuch as there are less than twelve (12) registered voters residing within the territory proposed to be annexed to the District, and have been for at least the preceding ninety (90) days, this legislative body is desirous to submit the levy of the required special tax to the land- owners of the territory proposed to be annexed to the District, said land- owners being the qualified electors as authorized by law. NOW, THEREFORE, 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. PROTESTS SECTION 2: That written protests, if any, have not been received from regietered voters and/or landowners representing a majority protest, and all protests, if any, are hereby overruled and denied. Resolution No. FD 92-006 Page 2 ANNEXATION ORDER S~/fION 3: That this legislative body does hereby declare the annexation of the territory to the existing C~.~,unity Facilities District, known and designated as '~w~.IO-ROOS ODMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 92-1". BOUNDARIES OF ANNEXMD AREA SECTION 4: That the boundaries and parcels of land to be annexed and in which the public facilities are to be provided and on which special taxes will be levied in order to pay the costs and expenses for said public facilities are generally described as follows: All that property and territory proposed to be annexed to the existing Col~u~,unity Facilities District, as said property is she on a map as previously approved by this legislative body, said map designated by the number of the annexation and the name of the exist- ing ~ity Facilities District, a copy of which is on file in the office of the Secretary and shall remain open for public inspection. DESCRIPTION OF FACILITIES SECT/ON 5: A general description of the public capital facilities provided in the existing District are generally as set forth below, and no additional facilities are to be provided in the annexed territory and the existing facilities for the existing District will serve the properties within the annexed territory. A general description of the facilities authorized in the existing District is set forth 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. DESCRIPTION OF SERVICES SECTION 6: The types of public services provided in the existing District are generally as set forth below, and no additional services are to be provided in the annexed territory and the existing services for the exist- ing District will serve the properties within the annexed territory. A general description of the services authorized in the existing District is set forth as follows: The performance by employees of functions, operations and maintenance and repair activities in order to provide fire protection within the District. Resolution No. FD 92-006 Page 3 SPECIAL TAX SECT/ON 7: That 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 territory to be annexed to said District. 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 proposed to be annexed to the District to clearly estimate the annual amount that said person will have to pay for said facilities and services. Said special tax shall be utilized to finance the construction, expansion, reh_abilitation or purchase of the public capital facilities and public services described hereinabove. VALIDITY OFPROCERDINGS SECTION 8: 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 '~ello-Roos Conm~unity Facilities Act of 1982", and that this finding and determination is made pursuant to the provisions and authorization of Section 53325.1 of the Gover~.~ent Code of the State of California. RI.RCTION SECTION 9: This legislative body herewith submits the levy of the special tax to the qualified electors, said electors being the landowners of the territory proposed to be annexed to the existing District, with each landowner having one (1) vote for each acre or portion thereof of land which he or she owns within the territory proposed to be annexed to the existing Cun,,~unity Facilities District. BALLOT SECTION 10: Tnis legislative body hereby further directs that a ballot proposition relatingto the levy of the above referenced special taxbe prepared. This Resolution shall not constitute the notice of the election and the Resolution submitting the special tax levy to the voters shall constitute the notice of the election relating to the authorization for the special tax levy. NOTICE SECT/ON 11: 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. PASSED, APPROVED, and ADOPTED this 19th day of February, 1992. Resolution No. FD 92-006 Page 4 AYES: NOES: None ABSenT: Buquet Alexander, Stout, Williams, Wright Dennis L. Stout, President 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 92-006 Page 5 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: SPECIAL TAX ~ FACILITIES DISTRICT To pay for fire suppression services and to finance fire suppression facilities, the maximum Special Tax in the Cu~,,.~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)] C~mmercial ($75) per acre + $.04 per sf Industrial ($75) per acre + $.05 per sf du = dwelling unit tu = total units sf = square feet ANNUALAD3U~ SPECIAL TAX 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. REDUCTION SPECIAL TAX CcmmBrcial and industrial structures shall be granted a reduction in the Special Tax for the installation of complete sprinkler systems. In addition, multi-floor co~m-ercial 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 92-006 Page 6 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 valorera 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 Redevelopmerit 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 lintit of $1,775,000.00 is proposed for the Co~u~fonity 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.