HomeMy WebLinkAboutFD-037 - Ordinances ORDINANCE NO. FD37
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT,
CALIFORNIA, AUTHORIZING THE LEVY OF THE SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO.. 85-1, ANNEXATION NO.
01-1
WHEREAS, the BOARD OF DIRECTORS of the Rancho Cucamonga Fire Protection District,
CALIFORNIA, (the "legislative body"), 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,
Division 2, Title 5 of the Government Code of the State of California, and
specifically Adicle 3.5 thereof. The existing Community Facilities District has
been designated as COMMUNITIES FACILITIES DISTRICT NO. 85-1 (the
"District"); and,
WHEREAS, the area proposed to be annexed in known and designated as ANNEXATION
NO. 01-1, COMMUNITY FACILITIES DISTRICT NO. 85-1 ("Annexed Territory");
and,
NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District,
acting as the legislative body of Community Facilities District No. 85-1, does
hereby ordain as follows:
SECTION 1: The above recitals are all true and correct.
SECTION 2: This legislative body does, by the passage of this Ordinance,
authorize the levy of special taxes as the rate and formula and set
forth in Exhibit "A" attached hereto, referenced and so
incorporated.
SECTION 3: This legislative body is hereby further authorized each year, by
Resolution, to determine the specific special tax rate and amount
to be levied for the next fiscal year, except that the special tax rate
to be levied shall not exceed that as set forth above, but the
special tax may be levied at a lower rate.
SECTION 4: Properties or entities of the State, Federal or other local
governments shall be exempt from the above-referenced and
approved special tax.
Ordinance No. FD37
Page 2 of 5
SECTION 5: The proceeds of the above authorized and levied special tax may
only be used to pay, ir whole or in part, the costs of the following
public facilities and pJblic services, together with the costs of
administering the District including the Annexed Territory and
levying and collecting tqe special tax within the Annexed Territory.
Fire protection and suppression facilities, and appurtenances
including equipment, real property and other tangible property with
an estimated useful life of five (5) years or longer for Fire Stations
2, 3,4and 5.
The performance by employees of functions, operations and
maintenance and repair activities in order to provide fire protection
and suppression services.
SECTION 6: The above authorized special tax shall be collected in the same
manner as ordinary ad valorem taxes are collected and shall be
subject to the same penalties and the same procedure and sale in
cases of delinquencies for any other ad valorem tax.
SECTION 7: This ordinance shall be effective thirty (30) days after its adoption.
The President of the Board of Directors shall sign this ordinance
and the Secretary shall cause the same to be published within
fifteen (15) days after its passage at least once in the Inland
Valley Daily Bulletin, a newspaper of general circulation published
in the City of Ontario. California, and circulated in the Rancho
Cucamonga Fire Protection District.
PASSED, APPROVED, AND ADOPTED this 18th day of July 2001.
AYES: Alexander, Biane, Guratalo, Dutton, Williams
NOES: None
ABSENT: None
ABSTAINED: None
William/~lexander, President
Ordinance No. FD 37
Page 3 of 5
A~i-EST:
De'bra J. Ada sr~ecretary
I, DEBRA J. ADAMS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby
certify that the foregoing Ordinance was introduced at a Regular Meeting of the
Board of Directors of the Rancho Cucamonga Fire Protection District held on the
20th day of June 2001 and was passed at a Regular Meeting of the Board of
Directors of the Rancho Cucamonga Fire Protection District held on the 18th day
of July 2001.
Executed this 19th day of July 2001 at Rancho Cucamonga, California.
· Db-bra J. Adam'S, Secretary
Ordinance No. FD 37
Page 4 of 5
EXHIBIT "A"
COMMUNITY FACILITIES DISTRICT NO. 85-1 -- ANNEXATION NO. 01-1
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
The rate and method of apportionment, limitations on and adjustment to the Special Tax shall
be as follows:
To pay for fire suppression services and to finance fire suppression facilities, the Maximum
Special Tax in Community Facilities District No. 85-1, Annexation No. 01-1 for Fiscal Year 2001-
2002 shall be:
Structures Maximum Annual Special Tax
Residential 1 DU = ($1165o)
Multi-Family 2 DU: 1.75 = ($1165o)
3 DU: 2.25 = ($116'~°)
4 DU: 2.65 = ($11620)
5-14 DU: 2.65 = ($1165o) + {.35 (TU-4) ($116-5°)}
15-30 DU: 6.15 = ($116'5°) + {.30 (TU-14) ($116'5°)}
31-80 DU: 10.65 = ($116'~°) + {.25 (TU-30) ($116'5o)}
81-up DU: 23.15 = ($116-5°) + {.20 (TU-80) ($116'5°)}
Commercial ($116'5°) per acre + $.063 per SF
Industrial ($116'5°) per acre + $.078 per SF
Note: DU = Dwelling Unit
TU = Total Units
SF = Square Foot
AN N UAL ADJ USTM E NT
The maximum Special Tax shall be annually adjusted commencing on July 1, 2001 and each
July 1st thereafter for (a) changes in the cost of living or (b) changes in cost of living and
changes in population as defined in Section 7901 of the Government Code, as amended,
whichever is lesser.
Ordinance No. FD 37
Page 5 of 5
REDUCTION IN SPECIAL TAX
Commercial and industrial structures shall be granted a reduction in the Special Tax for the
installation of complete sprinkler systems. In addition, multi-floor commercial and industrial
structures shall be granted a reduction in Special Tax for each separate floor above or below
the main ground floor of the structure.
LIMITATION ON SPECIAL TAX LEVY
The Special Tax shall only be levied on Developed Property. Developed Property is defined to
be property:
which is not owned by a public or governmental agency:
which is not vacant~
where a "certificate of occupancy" or "utility release" from the
City of Rancho Oucamonga has been issued]
which has an existing building or structure onsite:
which does not have as its sole use power transmission
towers, railroad tracks, and flood control facilities. Areas
granted as easements for such purposes shall be subtracted
from the total acreage of the underlying lot.
The annual levy of the Special Tax shall be based upon an annual determination by the Board
of Directors of the Rancho Gucamonga Fire Protection District of the amount of other revenues
available to meet budget requirements. As used in this formula, "available revenue" shall
include ad valorem taxes, State of California augmentation, tax increment revenues received
from the Redevelopment Agency of the City of Rancho Oucamonga and any other source of
revenue except the Special Tax. The Board of D~rectors shall take all responsible steps to
retain maximum Redevelopment Agency funding to which, by agreement, they may lawfully
receive. To the extent available revenues are insufficient to meet budget requirements, the
Board of Directors may levy the Special Tax.
For further particulars regarding the r~te and method of apportionment of the Special Tax,
reference is made to the Final Report Mello-Roos Community Facilities District No. 85-1 for Fire
Suppression Facilities/Services - Foothill Fire Protection District, a copy of which is on file in the
office of the Fire Chief of the Rancho Guoamonga Fire Protection District.