Loading...
HomeMy WebLinkAbout86-72 - ResolutionsRESOLUTION NO. 86-72 RESOLUTION OF THE CITY COUNCIL OF TEE CITY OF RANCHO CUCANONGA, CALIFORNIA, DECLARING THE AIqNEXATION OF TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT AND AIITHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFI~I) ELECTORS WBERF~S, the CITY COUNCIL of the CITY OF RANCBO CUCAHONGA, CALIFORNIA, (bereinafter referred to as the "legislative body of the local Agencye'), has previonsly declared its intention and conducted proceedings relating to the annexation of territoz7 to an existing CommuniLV Facilities District pursuant to the Ceres and provisions of the "Hello-Roos Community Facilities Act of 1982N, being Chapter 2.5, Part 1, Division 2, Title 5 of ~he Government Code of the SCats of California, and specifically Article 3.5 thereof. The exlsCing Commmnlt7 Facilities District has been designated COMI~UNITT FACILITIES DISTRICT leO. 84-1 (DAY CREgsr DRAINAglE SYSTEM) (bereinafter referred to as the NDistricC"); and WHEREAS, the area proposed to be annexed is knovn and desiqnaced as A~NKXATIOIq NO. 8~-1 COMMUNITY FACILITIES DISTRICT NO. 84-1 (DAY CREEX DmAIN~G! SYSTEM) (hereinafter referred to as the "annexed territory"); and WHEREAS, inasmuch as Cbere are less than twelve (12) reqistered voters residing witbin the Cerritor7 proposed Co be annexed to the District, and have been for aC least the preceding ninet7 (90) days, this legislative body is desirous Co submit the levy of the required special tax to the landowners of Cbe terriCoz7 proposed to be annexed to the District, said landowners being the qualified electors as authorized by lay. N~, THEREFORE, BE IT RESOLVED AS FOLL(NS: SECTION 1: TbaC the above recitals are all true and correct. SECTION 2: ThaC this lealslative body does hereby declare the annexation of the territory to the exisCinq Co---,nit-y Facilities District, said annexed area known and designated as "ABNKXATIOIq NO. 86-1, COMMUNITY FACILITIES DISTRICT NO. 84-1 (DAY CREEX DRAINitlIE SYSTEM)~. SECTION 3: That for particulars relating to the following, reference is made to the previously approved Resolution of Intention and Annexation Report, both of vhicb are on file in the Office of the City Clerk and open for public inspection: A, Boundaries and parcels of land to be annexed. Bm Extent of previously aproved public capital facilities to be financed through these proceedings. C. Race and method of apportionment of previously authorized and approved special tax for the annexed territory. It is declared by this legislative body thaC the same tax as previously approved and authorized would be levied within the proposed annexed CerriCoz7 Co pay for the authorized public capital facilities. Resolution No. 86-72 Page 2 SKCTIOiq 4: This legislative body bere~itb submits tbe levy of the special tax to the qualified electors, said electors being tbe landowners of the territory proposed to be annexed to the existing District, with each landowner having one (1) vote for each acre or portion thereof of land which he or she owns within the territory proposed to be annexed to the existing Community Facilities District. SECTIaq 5: This legislative body hereby further directs that a ballot proposition relating to the levy of the above referenced special tax be prepared. This Resolution shall constitute the notice of the election relating to the authorization to levy the special tax in the annexed territory. SECT10g 6: That this legislative body hereby expressly declares and states that it is necessary to levy special taxes as authorized under the terms and provisions of the "Malls-Ross Comm, nity Facilities Act of 1982", in order to finance the previously authorized public capital facilities, and that the annexed territory shall be subject to and pay a proportionate amount of special taxes to pay for said facilities. SECTlog 7: The proposition related to the levy of the s~ecial tax within the annexed territory shall be submitted to the qualified voters a t a special elec tion, and said election shall be a special mailed ballot election to be conducted by the County Rqistrar of Voters. If the proposition for the levy of the special tax within the annexed territory receives the approval of more than two-thirds (2/3) of the votes cast on the proposition, the special tax ma7 be levied as provided for in the Resolution of Intention to Annex. SETlog 8: That the ballot proposal to be submitted to the qualified voters at the election shall generally be as follows: PROPOSITI08 SHALL THE CITY OF RANCHO CUCAMOtICA, COMMOEITY FACILITIES DISTRICT NO. 84-1 (DAY CREEl: DRAIIqAGE SYSTEM) LEVY A SPECIAL TAX WITSIN THE BOUNDARIES OF AIIIqEXATIOiq NO. 86-1 TO PAY FOR CERTAIN PUBLIC CAPITAL DRAINa3E FACILITIES A~D PAY DBXT SERVICE Og A PREVIOUSLY AUTHORIZE BOIDED IIqDESTEDIIBSS, ALL AS DETERMIN~ NECESSARY TO MEET THE NEEDS OF R~d DEVSLOPMEBT WITHIN THE COIOfi3NITY FACILITIES DISTRICT, INCLUDING ANNEXATIOII NO, 86-17 YES NO The rate, mothod and apportionment for the levy of the special tax in the annexed territory shall not exceed $550.00 per acre, which is the same tax rate as previously approved for the existing Community Facilities District. SECTlog 9: That the appropriate mark placed in the voting square after the word '*YES" shall be counted in favor of the adoption of the proposition, 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 proposition. SECTION 10: Arguments may be filed for and/or against the ballot measure, and the Registrar of Voters shall select one of the arguments in favor and one of the arguments against the measure for printing and distribution. The Registrar of Voters shall give preference and priority in the following sequence: A. The legislative body or an~ member tbereof as authorized; Resolution No. 86-72 PaEe 3 Be Individual proper~y owners or bona fide association of property owners or combinations of propert~y owners and associations who are the bona fide sponsors or proponents of the measure; C. Bona fide associations of property owners; Individual property owners who are eligible to vote on the measure· SECTIOR 11: That Cit~y Attorne~ is hereby directed to prepare an impartial analysis on the ballot proposition and file it with the Registrar of Voters. Such analysis shall show the effect of the proposition on the existing la~ and the general operation of the proposed ballot proposition. SECTION 12: (a) That notice is hereby gives that written arguments, not to exceed three hundred (300) words in length, for or against the measure, shall be filed not later than 5:00 P.M. on April 15, 1986, at the Office of the County Registrar of Voters, County of Sam Bernardins. (b) That any argument submitted for or qainst the measure shall be accompanied by a statement set forth in Section 53~0 of the Elections Code, signed and completed by the author of such argument· SECTIONeS 13: That if any person submits an argument against the ballot proposition as set forth herein, and an argument has been filed in favor of the proposition, the Registrar of Voters shall then immediately send a copy of that argument to the person filin2 the argument in favor of said ballot proposition. The person filing the argument in favor of the ballot proposition may prepare and submit a rebuttal argument not to exceed two hundred fifty (2~0) words. The Registrar of Voters shell then send copies of the argument in favor ballot proposition to City Attorney, who then may prepare and submit a rebuttal argument to the argument in favor of the ballot proposition, such rebuttal argument not exceed two hundred fifty (250) words. The rebuttal argument shall be filed with the Registrar of Voters not more than ten (I0) days after the final date for filing the direct argument. Rebuttal arguments shall be printed in the same manner as direct arguments and each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. SECTIOta 14: This right of rebuttal, as provided by this Resolution, is applicable only to the ballot proposition relating to the proposed annexation of terrltor~ to the Comeunity Facilities District, and shall not apply to any future District elections. SECTION 15: The foregoing provisions pertaining to the submission of arguments for or against the ballot measure, rebuttal argument and an impartial analysis shall be deemed to have been waived and shall be inapplicable to the election proceedings berein if the legislative body determines that it has received a good and sufficient written waiver of said proceedings signed by all of the qualified voters or legally authorized representatives of all of the qualified voters. SECTION 16: The election for this Annexation No. 86-1, Commoicy Facilities District No. 84-1 (Day Creek Drainage System) shall be held on the 15th day of July, 1986. SECTION 17: The Registrar of Voters is hereby authorized to take any and all steps necessary for the holding of said election. Said Registrar of Voters shall preform and render all services and proceedings incidental co and connected with the conduct of said election, and said services shall include, but not be limited to the following: Provide official ballots and all other printed matter into envelopes for mailing and cause the same to be mailed as required by la~. Resolution No. 86-72 Page 4 Canvass the returns and furnish a tabulation relating to the number of votes given in said proposition. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. SECTI08 18: It is hereby further acknoeledged that the Registrar of Voters shall be reimbursed in full for any services performed by said Registrar for this service upon presentation of s bill to the Com~xnit~ Facilities District· SECTION 19: 1'nat the tit7 Clerk is hereby ordered to certify to the passa$e of this Resolution and to file a certified colby thereof witb the County ReSisttar of Voters, and shall cause this Resolution to be published once a week for t~o successive weeks in the Daily Report. This Resolution shall constitute the notice of the authorization to lay7 a special tax. PASSED, APFROVKD, and ADOPTED this 20tb day of Narch, 198~. AYES: MikeIs, Buquet, Kin~, Dshl, Rrigbt NOES: None ABSEST: None ATTEST: Autbelet, City Clerk I, BEVERLY A, AUTHELET, CITY CLE1K of the City of Rancbo Cucamonga, California, do hereby certify that the forqoing Resolution wee duly passed, appr~ved, and adopted by the City Council of the City of Rsncho CucamouSa, California, at a regular meeting of said City Council held on the 2Orb day of March, 1986. Executed this 21st day of Marcb, 1986 at Rancbo Cucamonga, California·