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HomeMy WebLinkAbout84-31 - ResolutionsRESOLUTION NO. 84-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO LEVY A SPECIAL TAX TO PAY FOR CERTAIN PUBLIC FACILITIES WITHIN SAID COMMUNITY FACILITIES DISTRICT WHEREAS, the City Council of the City of Rancho Cucamonga, California (hereinafter referred to as the "legislative body of the local agency"), has received, in proper form, a written request for the initiation of proceedings to create a Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Con~nunity Facilities Act of 1982", being Chapter 2.5, Part i, Division 2, Title 5 of the Government Code of the State of California. This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 84-1 (DAY CREEK DRAINAGE SYSTEM) (hereinafter referred to as the "District"); and WHEREAS, this legislative body is now required to proceed to adopt its Resolution of Intention to initiate proceedings for the formation of said District, to set forth the boundaries for said District, indicate the type of public facilities to be provided, and set a time and place for a public hearing relating to the establishment of said District; and WHEREAS, a map of said District has been submitted, which said map is hereby approved, and a copy of said map shall be kept on file with the transcript of these proceedings. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the written request for the initiation of the proceedings for the formation of the Community Facilities is hereby received, approved, and ordered to be kept on file with the transcript of these proceedings for this District. SECTION 3: It is the intention of this legislative body to form a Community Facilities District, the boundaries and parcels being that area of land in which public facilities are to be provided and on which special taxes may be levied in order to pay the cost and expenses for said public facilities. A description of the boundaries of territory proposed to be included in the District is as follows: Certain properties lying within the following described boundaries: Southerly by Fourth Street Westerly by Milliken Avenue Northerly by the Northerly City limits of the City of Rancho Cucamonga (Highland Avenue and Wilson Avenue) Easterly generally by Etiwanda Avenue For particulars, reference is made to the map as previously approved and on file in the Office of the City Clerk, and a more detailed description will also be found in the preliminary Engineer's "Report" for said Community Facilities District. SECTION 4: The name of the proposed Community Facilities District to be formed shall be known and designated as Community Facilities District No. 84-1 (Day Creek Drainage System). Resolution No. 84-31 Page 2 SECTION 5: That it is the intention of this legislative body to order the purchase, construction, expansion or rehabilitation of certain real or other tangible property with an estimated useful life of five (5) years or longer, w~nich is further necessary to meet increased demands placed upon this Agency as a result of development or rehabilitation occurring within the District. A general description of the public capital facilities to be provided is as follows: A. PRIMARY DRAINAGE FACILITIES TO SERVE ZONES "~' AND "B": DEBRIS BASIN: The construction of flood control retention and water reclamation basin improvements in the unincorporated area North of the City. DAY CREEK: Major flood control channel improvement extending from the debris basin to the Southerly boundary of the City of Rancho Cucamonga (Fourth Street). B. JOINT COOPERATIVE IMPROVEMENTS In cooperation and coordination with the City of Ontario, assistance shall be provided for the construction of the following: DAY CREEK CHANNEL 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. C. 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. The facilities, as above-described, are facilities which this legislative body is authorized by law to construct, own or operate. It is hereby further found and determined that the proposed facilities are necessary to meet increased demands placed upon this local Agency as a result of development or rehabilitation. SECTION 6: That it is hereby further proposed that, except where funds are otherwise available, a special tax sufficient to pay for said facilities will 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. Resolution No. 84-31 Page 3 SECTION 7: Notice is given that on the 7th day of March, 1984, at the hour of 7:30 p.m., in the regular meeting place of the legislative body, being the Council Chambers, Lions Park Community Center, 9161 Base Line Road, a public hearing will be held where this legislative body will consider the establishment of the proposed Community Facilities District, the proposed method and apportionment of the special tax, and all other matters as set forth in this Resolution of intention. That at the above-mentioned time and place for public hearings, any persons interested, including taxpayers, property owners and registered voters, nmy appear and be heard, and that the testimony of all interested persons for or against the establishment of the district, the extent of the district, or the furnishing of the facilities, will be heard on considered. Any protests may be made orally or in writing. However, any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and clearly set forth the irrigularities and defects to which the objection is made. All written protests shall be filed with the Clerk of the Legislative Body on or before the time fixed for the public hearing. Written protests may be withdrawn in writing at any time before the conclusion of the public hearing. SECTION 8: That notice of the time and place of the public hearing shall be given by the City Clerk in the following manner: A Notice of Public Hearing shall be published in the legally designated newspaper of general circulation, being the Daily Report, said publication pursuant to Section 6061 of the Government Code, with said publication to be completed at least seven (7) days prior to the date set for the public hearing. A Notice of Public Hearing shall be mailed, postage prepaid, to each property owner and registered voter within the boundaries of the proposed District; said mailing to the property owners shall be to the address as shown on the last equalized assessment roll. Said mailing shall be completed at least fifteen (15) days prior to the date set for the public hearing· SECTION 9: All environmental evaluation proceedings relating to the formation and funding of this District shall be completed prior to the date and time set for the public hearing. PASSED, APPROVED, and ADOPTED this ist day of February, 1984. AYES: Dahl, Buquet, MikeIs, Schlosser, Frost NOES: None ABSENT: None ATTEST: ,Mayo~~r~ ~Clerk Resolution No. 84-31 Page 4 CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 84-1 (DAY CREEK DRAINAGE SYSTEM) EXHIBIT "A" The Community Facilities District has been divided into two zones: ZONE "A": General areas to be served by the drainage facilities, exclusive of Zone "B". 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 W~ ~ by the prolongation of Milliken Avenue. The rate, method and formula for the levy of the special tax for the respective zones, being Zone "~' and Zone "B", is as follows, based upon a bond amount not to exceed $20,225,000 payable over a period of years not to exceed twenty (20) years. ZONE "A": 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.