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HomeMy WebLinkAbout90-024 - ResolutionsRESOLUTION NO. FD 90-024 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, SUBMITTING TO THE QUALIFIED ELECTORS IN AN ANNEXED AREA OF A COMMUNITY FACILITIES DISTRICT A PROPOSITION TO LEVY A SPECIAL TAX AND ESTABLISHING PROCEDURES AND CONDITIONS FOR CONDUCTING AN ELECTION WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protec- tion District, Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has previously declared its intention and held and conducted proceedings relating to the annexation of 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, Divisions 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof. The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 88-1 (hereinafter referred to as the "District"); and WHEREAS, the area proposed to be annexed is known and designated as COMMUNITY FACILITIES DISTRICT NO 88-1, ANNEXATION NO. I (hereinafter 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 terri- tory 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, 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. 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 provi si ons of the "Mel 1 o-Roos Community Facilities Act of 1982", in order to finance the authorized public capital faci 1 i ties. ANNEXED AREA 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: Resol uti on No. FD 90-024 Page 2 All that property and territory proposed to be annexed to the exist- ing 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. SPECIAL TAX RATE SECTION 4: That the amount of the special tax levy is as set forth in the RESOLUTION 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 ori gi nal Di strict, and for further parti cul ars rel ati ng to the special tax, reference is made to the BALLOT and tax rate and apportionment formula as set forth herein, which is a part of this Resolution. ELECTION SECTION 5: 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 7TH DAY OF SEPTEMBER, 1990, and said election shall be a special mailed ballot election to be conducted by the City Clerk of the City of Rancho Cucamonga (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 the Resolution of Intention to Annex. BALLOT SECTION 6: That 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. 88-1 ANNEXATION NO. 1 AUTHORIZATION FOR SPECIAL TAX LEVY Shall Community Facilities District No. 88-1, Rancho Cucamonga Fire Protection District, be authorized to YES levy the special taxes specified below on properties within the boundaries of Annexation No. I of Community Facilities District No. 88-1 to pay for authorized NO public facilities and/or any authorized and issued bonded indebtedness of Community Facilities District No. 88-17 Resol uti on No. FD 90-024 Page 3 The rate and method of apportionment of the special tax shall generally be as fol 1 ows: PROPERTY CATEGORIES There are three (3) categories of property subject to special taxation, which are identified as follows: 1. DEVELOPED PROPERTY All property identified as a single Tax Assessor's parcel for which property a building permit has been issued as of May 31st of any year. 2. APPROVED PROPERTY All property which of as May 31st of any year is subject to an approved Development Agreement with either the City of Rancho Cucamonga of the County of San Bernardino, an approved Annexation Agreement with the City of Rancho Cucamonga, or a recorded Final Subdivision Map or Final Parcel Map, but for which no building permit has been issued. 3. VACANT PROPERTY All other property, excluding property which, as of the date of the election to authorize the levy of the Special Tax, is: (i) owned by a public entity; (ii) owned by a regulated public utility and being utilized for transmission or distribution purposes; or (iii) zoned as open space. TAXING CLASSIFICATIONS AND MAXIMUM SPECIAL TAX RATES The taxing classifications for the above Property Categories and the maximum authorized Special Tax rates for fiscal year 1988-1989 are as follows: TAXING CLASSIFICATION MAXIMUM TAX RATE 1. DEVELOPED PROPERTY: A. Resi denti al C1 ass I $ 292 per year (More than 3,590 square feet of dwelling unit living area) * B. Residential Class II $ 225 per year (3,077-3,589 square feet of dwelling unit living area) * C. Resi denti al C1 ass I I $ 180 per year (2,564-3,076 square feet of dwelling unit living area) * Resol uti on No. FD 90-024 Page 4 Residential Class IV (2,308-2,563 square feet of dwelling unit living area) * Residential Class V (2,051-2,307 square feet of dwelling unit living area) * Residential Class VI (1,795-2,050 square feet of dwelling unit living area) * Residential Class VII (Less than 1,795 square feet of dwelling unit living area) * Commercial or i ndustri al property $ 157 per year $ 135 per year $ 124 per year $ 112 per year $ 449 per acre per year, or $0.04 per square foot of building area, which- ever is greater, per year ** APPROVED PROPERTY: All Approved Property $ 200 per lot or parcel per year VACANT PROPERTY: All Vacant Property $ 10 per acre per year *** The square footage of dwelling unit living area shall mean the square footage of internal living space, exclusive of garages and other structures not used as living space, as shown on the building permit(s) issued for the dwelling unit. The square footage of a commercial or industrial building area shall mean the gross square footage for the building as reflected in the building plans upon which any building permit(s) for the building were issued. The acreage of a Vacant Property shall be the gross acreage exclusive of any acreage dedicated or offered for dedication to a public agency. Resol uti on No. FD 90- 024 Page 5 ESCALATION OF MAXIMUM SPECIAL TAX RATES The maximum annual Special Tax rates applicable to all Developed Property shall be subject to escalation each July I commencing July 1, 1989, by the change factor calculated annually by the State of California Department of Finance for the purpose of increasing appropriations limits of State and local governments. In the event that the Department of Finance or its successor ceases to calculate the annual change factor, such Special Tax rates shall be subject to annual escalation not to exceed the increase in the Consumer Price Index as published by the Bureau of Labor Statistics for the Los Angeles Primary Metropolitan Statistical Area for the preceding twelve (12) month reporting period. The maximum Special Tax rates applicable to all Approved Property and Vacant Property shall not be subject to escalation. VOTE SECTION 7: That the appropriate mark placed in the voting square 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 proposi ti on. SECTION 8: The Election Official, being the City Clerk of the City of Rancho Cucamonga, 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: 1. Prepare and furnish to the election officers necessary election supplies for the conduct of the election. 2. Cause to be printed the requisite number of official ballots, talley sheets and other necessary forms. 3. Furnish and address to mail official ballots to the qualified electors of the Community Facilities District. 4. Cause the official ballots to be mailed and/or delivered, as requi red by 1 aw. 5. Receive the returns of the election. 6. Sort and assemble the election material and supplies in prepara- tion for the canvassing of the returns. 7. Canvass the returns of the election. Resol uti on No. FD 90-024 Page 6 8. Furnish a tabulation of the number of votes given in the election. 9. 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 1 aw. 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. PASSED, APPROVED, and ADOPTED this 5th day of September, 1990. AYES: Alexander, Buquet, Brown, Wright NOES: None ABSENT: Stout Brown, Vi ce-Presi dent[ ATTEST: 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 5th day of September, 1990. Executed this 6th day of September, 1990 at Rancho Cucamonga, California. Secretary