Loading...
HomeMy WebLinkAbout90-002 - ResolutionsRESOLUTION NO. FD 90-002 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRM PROTECTION DISTRICT OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MAKING INTERPRETATIONS RMGARDING THE SPECIAL TAX FORMULA FOR COMMUNITY FACILITIES DISTRICT NO. 88-1 WHEREAS, the BOARD OF DIRECTORS of the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, then known and designated as the Foothill Fire Protection District, did initiate proceedings, hold a public hearing, conduct an election and receive a favorable vote from the qualified electors relating to the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", as amended, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California. This Community Facilities District is designated as COMMUNITY FACILITIES DISTRICT NO. 88-1 (the "District"); and WHEREAS, as a part of the proceedings to authorize the levy of a special tax within the District, the Board of Directors did authorize itself to make interpretations by Resolution for purposes of clarifying any vagueness or ambiguity as it relates to the rate and method of apportionment of the special tax; and WHEREAS, the rate and method of apportionment of the special tax exempts property owned by a public entity or property zoned as open space from the levy of the special tax; and WHEREAS, the Board of Directors has been asked to determine whether property subject to an easement in favor of a governmental entity, the effect of which is to prohibit development of the property subject to the easement, should be determined to be exempt from the levy of the special tax so long as such property is subject to the limitations of such an easement, and WHEREAS, this Board of Directors has determined that property which is burdened by such an easement should be exempt from the levy of the special tax for the District, inasmuch as such property is subject to restrictions on development which are to the equivalent to having such property zoned ax open space and/or as if such property were owned by the governmental entity which received the benefit of such easement. NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That this Board of Directors hereby determines that it would be in the best public interest to interpret the rate and method of apportionment of the special tax for the District to exempt from the levy of the special tax property which is subject to and burdened by an easement granted to a public agency, the effect of which is to prohibit the development of such property. It is further determined that such exemption shall last only so long as such property is burdened by such easement which prohibits the development thereof. Resolution No. FD 90-002 Page 2 SECTION 3: The owner of any property subject to an easement as described in Section 2 hereinabove must annually apply in writing to the Fire Chief in order to qualify for the exemption from the levy of the special tax. Such application must include such information as the Fire Chief may deem necessary in order to determine the eligibility of the property for this exemption from the levy of the special tax. PASSED, APPROVED, and ADOPTED this 7th day of February, 1990. AYES: Alexander, Brown, Buquet, Stout, Wright NOES: None ABSENT: None Dennis L. Stout, President 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 7th day of February, 1990. Executed this 8th day of February, 1990 at Rancho Cucamonga, California.