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HomeMy WebLinkAbout92-003 - ResolutionsRESOLUTIONNO. FD 92-003 A RESOLUTION OF THE BOARD OF DIRECIDRS OF THE RANCHO CUCAMONGA FIRE ~ON DISTRICT, CITY OF RANCHO CUCAMONGA, CUJNTYOFSANBE]~NARDINO, STATE OFCALIFORNIA, ~ FACILITIES DISTRICT NO. 85-1 WHERFAS, the Board of Directors of the Rancho Cucamonga Fire Protec- tion District at this time is desirous to annex territory to an existing Oaumunity Facilities District pursuant to the terms and provisions of the '~ello-Roos Ccmmunity Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Govermnent Code of the State of California, and specifically Article 3.5 thereof. The existing C,~JJliZLILI.Tlit"y' Facilities District is known and designated as M~.IO-ROOS ~ FACILITIES DISTRICT NO. 85-1 (hereinafter referred to as the "District"); and WHEREAS, the area proposed to be annexed shall be known and designated as MRrl O-ROOS ~ FACIIJTIES DISTRICT NO. 85-1, ANNEXATION NO. 92-1 (hereinafter referred to as the "annexed territory"); and WHEREAS, This legislative body is now desirous to proceed to adopt its Resolution of Intention to annex territory to the existing District, to describe the territory included within the existing District and the territory proposed for annexation, to specify the facilities and services to be provided, to set and specify the special taxes that would be levied within the territory proposed to be annexed, and to set a time and place for a public hearing relating to the annexation of territory to said District; and WHt~tFAS, a map showing the territory to be annexed has been suhnittad, which said map is hereby approved and a copy of said map shall be kept on file with the transcript of these proceedings. NON, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: SECTION 1: That the above recitals are all true and correct. SECTION 2: That 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. SECTION 3: That this legislative body hereby determines that the public convenience and necessity requires that certain territory be added to the existing District and this legislative body declares its intention to annex said territory to the existing District, and a description of the boundaries and territory proposed to be annexed is as follows: All that property and territory proposed to be annexed to the existing Oa,,,~unity 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 District, a copy of which is on file in the Office of the Secretary and shall remain open for public inspection. Resolution No. FD 92-003 Page 2 SECTION 4: 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 legislative body designated by the name of the original, existing District, a copy of which is on file in the Office of the Secretary, as well as a copy being on file in the Office of the County Recorder. SECTION 5: The name of the proposed annexation shall be known and designated as M~IO-~00S COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION N0.92-1. SECTION 6: That the types of public facilities provided in the existing District are generally described as set forth belch, 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. SECTION 7: That the types of public services provided in the exist- ing District are generally described as set forth below, and no additional services are to be provided in the annexed territory and the existing services for the existing 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. S~2TION 8: It is the intention of this legislative body that, except where funds are otherwise available, a special tax sufficient to pay for said facilities and services to be provided in the annexed territory, secured by recordation of a continuing lien against all non-exempt real property in the annexed territory, will be levied annually within the ~ies 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 incorporat- ed Exhibit "A", which sets forth in sufficient detail the method of apportion- ment to allow each landowner or resident within the annexed territory to clearly estimate the maximum amount that said person will have to pay on said special tax. SECTION 9: This legislative body further authorizes that special taxes to pay for capital facilities may be prepaid and satisfied by the payment of the nk3ximum present value of the special tax and all details and particulars shall be set forth and adopted by Resolution of this legislative body. No prepayment will be authorized for special taxes to pay for services. Resolution No. FD 92-003 Page 3 SECTION 10: The proposed special taxes shall be collected in the same manner as ad valorem property taxes ara 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 est~_blish and adopt an alternate or supplemental procedure as necessary. SECTION 11: This legislative body hereby determines that parcels owned by regulated public utilities and in use in the providing of telephone service, water, electricity, gas or other means of heat, illumination, txywer or nay other public service, shall be exenpt from the special tax. SECTION 12: NOTICE IS GIVEN THAT ON THE lgI}t DAY OF FF~I~GA/~Y, 1992, AT THE HOUR OF 7:00 O'~ P.M., IN THE ~ MEETING PLACE OF THE IJ~GISLA- TIVE BODY, BRING THE ODUNCIL CHAMBERS, CITY H~T.I., 10500 CIVIC ~ DRIVE, RAN(I~O Ct~, C~T,TFORNIA, A PUBLIC HEARING WTIL BE Fmrn WHERE THIS I/~GISLATIVE BODY WILL OONSIDER THE ANNEXATION OF CERTAIN TERRITORY TO THE EXISTING ~ FACILITIES DISTRICT, THE PROPOSED MEIMOD AND APPORTIONMMqT OF THE SPECIAL TAX TO BE LEVIED W/THIN SAID PROPOSED ANNEXED TERRITORY, AND AT .I. OTHER MAITERS AS SET FORTH IN THIS RESOLUTION OF INTMqTION. ANY ~ PERSONS MAY APPEAR AND BE HEARD, AND WRITI~N PROTESTS SEAT.I. BE FI~.FD ON OR BEFORE THE TIME FIXtD FOR THE PUBLIC HEARING. S~CTION 13: That notice of the time and place of the public hearing shall be given by the Secretary in the following manner: A. A Notice of Public Hearing shall be published in the legally designated newspaper of general circulation, being the Inland Valley Daily Bulletin, said publication pursuant to Section 6061 of the Government Code, with said publication to be c~-~leted at least seven (7) days prior to the date set for thepublichearing. B. A Notice of Public Hearing shall be mailed, postage prepaid, to each property owner within the boundaries of the area proposed for annexa- tion; said mailing to the property owners shall be to the address as shown on the last equalized assessment roll. Said mailing shall be ccepleted at least fifteen (15) days prior tothedate set for thepublic hearing. S~CTION 14: All environmental evaluation proceedings relating to the annexation of territory to the existing District shall be cumpleted prior to the date and time set for the public hearing. PASSED, APPROVED, and ADO~ this 15th day of January, 1992. AYES: Alexander, Buquet, Stout, Williams, Wright NOES: None ABSENT: None Resolution No. ~ 92-003 Page4 D~nnis L. Stout, President I, DE~RA 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 January, 1992. Executed this 16th day of January, 1992, at Rancho Cucamonga, California. Debra J. Secretary Rasolution No. FD 92-003 Page 5 The rats 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: To pay for fire suppression services and to finance fire suppression facilities, the maximum Special Tax in the Oamfunity Facilities District shall be: Maximum Annual Special Tax P~sidential ($75) per du Multi-Family 2 du: 1.17 ($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.~5 ($75) + [.30(tu - ~4) ($V5)] 3~-S0 du: 10.65 ($75) + [.25(tu - 30) ($75)] 81-up du: 23.15 ($75) + [.20(tu - 80) ($75)] ~cial Industrial ($75) per acre + $.04 per sf ($75) per acre + $.05 per sf Nots: du = dwelling unit tu = total units sf = sc?~are feet The maximumSpecial Tax shall be annuallyadjusted 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. PaDUCTION SPECIAL TAX Oam~ercial and industrial structures shall be granted a reduction in the Special Tax for the installation of c~lets sprinkler systems. In addition, multi-floor oa~ercial and industrial structures shall be granted a reduction in Special Tax for each separats shall be granted a reduction in Special Tax for each separats floor above or below the main ground floor of the structure. Resolution No. FD 92-003 Page 6 T .TMITATIONS TAX LEVY 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" bag been issued by the appropriate gove/-~-~ental 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 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 agreement, they may lawfully receive. To the extent avail- able 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. APPROPRIATIONS LIMIT ~ FACILITIES DISTRICT An appropriations limit of $1,775,000.00 is proposed for the Oa~munity 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 Gove~-~ent Code. For further particulars on the foregoing, reference is made to the Amended Report on file in the office of the Secretary of Rancho Cucamonga Fire Protection District.