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HomeMy WebLinkAbout84-55 - ResolutionsRESOLUTION NO. 84-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING AND ESTABLISHING THE FORMATION OF A COMMUNITY FACILITIES DISTRICT, AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS WHEREAS, a public hearing has been held and concluded, and the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), is desirous at this time to proceed with the establishment of a community facilities district, pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, said Community Facilities District shall hereinafter be referred to as: CO~MIJNITY FACILITIES DISTRICT NO. 84-1 (DAY CREEK DRAINAGE SYSTEM) (hereinafter referred to as the "District"); and WHEREAS, this legislative body has further declared its intent that the authorized public facilities be financed through the issuance of bonds, said bonds secured by the levy of a special tax; and WHEREAS, inasmuch as there are less than twelve (12) registered voters residing within the territory of the District, and have been for at least the preceeding ninety (90) days, this legislative body is desirous to submit the levy of the required special tax to the landowners of the District, said landowners being the qualified electors as authorized by law. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION I: That the above recitals are all true and correct. SECTION 2: That this legislative body does hereby establish and declare the formation of the Community Facilities District known and designated as "COMMUNITY FACILITIES DISTRICT NO. B4-1 (DAY CREEK DRAINAGE SYSTEM)". SECTION 3: That the boundaries and parcels of land 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: Certain properties lying within the following described boundaries: Southerly by Fourth Street Westerly by Milliken Avenue Northerly by the northerly City limits (Highland Avenue and Wilson Avenue) Easterly generally by Etiwanda Avenue of the Rancho Cucamonga For particulars, references is made to the map as previously approved and on file in the Office of the City Clerk. SECTION 4: A general description of the public capital facilities which this legislative body is authorized by law to construct, own or operate, which are the facilities to be improved under these proceedings, are generally described as follows: I. PRIMARY DRAINAGE FACILITIES TO SERVE ZONES "A" AND "B": DEBRIS BASIN: The construction of flood control retention and water reclamation basin improvements in the unincorporated area North of the City. Resolution No. 84-55 Page 2 DAY CREEK: Major flood control channel improvement extending from the debris basin to the Southerly boundary of the City of Rancho Cucamonga (FOURTH STREET). II. JOINT COOPERATIVE IMPROVEMENTS In cooperation and coordination with the City of Ontario, assistance shall be provided for the construction of the following: DAY CREEK CHA/qNEL improvements ETIWANDA CHANNEL improvements WINEVILLE BASIN flood control retention and water reclamation basin improvements RIVERSIDE BASIN flood control retention and water reclamation improvements The above improvements are located outside of the incorporated limits of the City of Rancho Cucamonga, but necessary to serve the properties and development within said City. III. FEDERALLY ASSISTED FACILITIES The construction of certain Day Creek spreading grounds and the Day Creek Basin, only upon the condition that certain Federal interest-free loans are obtained, including the acquisition of rights-of-way and land, as necessary, including other facilities, appurtenances and all incidental expenses. SECTION 5: 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 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 proposed District to clearly estimate the annual amount that said person will have to pay for said facilities. SECTION 6: This legislative body herewith submits the levy of the special tax to the landowners of the District, said landowners being the electors and persons qualified to vote. SECTION 7: This legislative body hereby further directs that the ballot proposition relating to the levy of the above references special tax be combined and consolidated with the proposition relating to the incurring of a bonded indebtedness. This Resolution shall not constitute the notice of the election and the Resolution declaring the necessity to incur the bonded indebtedness shall constitute the notice of the combined election relating to the bonded indebtedness and authorization for the special tax levy. Resolution No. 84-55 Page 3 PASSED, APPROVED, and ADOPTED this 7th day of March, 1984. AYES: Dahl, Buquet, Mikels, Schlosser, Frost NOES: None ABSENT: None ATTEST: M. Wasserman, City Clerk Resolution No. 84-55 Page 4 EXHIBIT "A" The Community Facilities District has been divided into two zones: 1. ZONE "~': General areas to be served by the drainage facilities, exclusive of Zone "B", 2. ZONE "B": A limited area, being only partially served by drainage facilities. Zone "B" consists of those properties bounded on the South by Foothill Boulevard, on the East by Rochester Avenue, on the North by Base Line Road, and on the West by the prolongation of Milliken Avenue. The rate, method and formula for the levy of the special tax for the respective zones, being Zone "A" and Zone "B", is as follows, based upon a bond amount not to exceed $20,225,000.00, payable over a period of years not to exceed twenty (20) years. ZONE "~': NOT TO EXCEED $550.00 PER ACRE. ZONE "B": NOT TO EXCEED $550.00 PER ACRE FOR 190 ACRES. At such time as the final drainage plan is established for Zone "B", only those properties that drain into the Day Creek Channel shall be subject to the special drainage fee. Areas of Zone "B" in excess of 190 acres that do drain into the Day Creek Channel shall be subject to a drainage fee.