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HomeMy WebLinkAboutFD-038 - Ordinances ORDINANCE NO. FD 38 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDiNO COUNTY, CALIFORNIA, AUTHORIZING THE LEVY OF THE SPECIAL TAX IN MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 85-1 FOR FISCAL YEAR 2002/03 WHEREAS, a special election was held in the Mello-Roos Community Facilities District No. 85-1 (the "Community Facilities District") of the Rancho Cucamonga Fire Protection District (formerly Foothill Fire Protection District, the "District") on Tuesday, December 10, 1985; and WHEREAS, as a result of the election, more than two-thirds (2/3) of the qualified electors voted in favor of a proposition to authorize the levy of a special tax for fire suppression services and facilities, to establish an appropriations limit and to annually adjust the special tax and appropriations limit based upon changes in cost of living and changes in population; and WHEREAS, pursuant to Section 53340 of the Government Code, this Board of Directors is authorized, by ordinance, to annually levy a special tax at the rate and apportion the special tax in the manner specified in the resolution adopted pursuant to Article 2 (commencing with Section 53318 of the Government Code), except that this Board of Directors may levy the special tax at a lower rate; and WHEREAS, this Board of Directors desires to levy a special tax in the Community Facilities District for the fiscal year 2002/03. NOW, THEREFORE, it is hereby ordained as follows: SECTION 1: Levy of Special Tax. By the passage of this ordinance, this Board of Directors hereby authorizes and directs the levy of a special tax in the Community Facilities District for the fiscal year 2002/03 at the rate and apportioned in the manner set forth in Exhibit "A" attached hereto and made a part hereof. SECTION 2' Exempt Properties. This Board of Directors hereby determines that properties or entities of the State, Federal or other local governments shall be exempt from such special tax. SECTION 3: Use of Special Tax. This Board of Directors hereby finds and determines that the special tax shall be used to pay, in whole or in part, the costs and expenses for facilities and services specified as follows: Ordinance No. FD 38 Page 2 of 4 (a)The construction, acquisition, expansion and/or rehabilitation of public facilities, within or for the benefit of, the Community Facilities District generally described as follows: Fire protection and suppression facilities and appurtenances, including; equipment, real property and other tangible property with an estimated useful life of five years or longer. (b)The services to be provided within the Community Facilities District are generally described as follows: The performance by employees of functions, operations and maintenance and repair activities in order to provide fire protection within the Community Facilities District. (c) The repayment of advances and loans. The special tax shall be used solely for the purposes specified above and for no other purpose. SECTION 4: Collection of Special Tax. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ad valorem taxes. SECTION 5: Filin.q of Ordinance. The Secretary is hereby authorized and directed to file a certified copy of this ordinance with the Tax Collector of the County of San Bernardino as may be appropriate. SECTION 6: Publication of Ordinance. The Secretary is hereby authorized and directed to publish this ordinance once in a newspaper of general circulation and to maintain the ordinance for public inspection and distribution. SECTION 7: Publication: Effective Date. This ordinance was read on the 15th day of May, 2002, and was adopted on the 19~h day of June, 2002 and shall take effect and be in force upon its adoption. Ordinance No. FD 38 Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 19th day of June 2002. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None ATTEST: 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 15th day of May 2002 and was passed at a Regular Meeting of the Board of Directors of the Rancho Cucamonga Fire Protection District held on the 19th day of June 2002. Executed this 20t~ day of June 2002 at Rancho Cucamonga, California. DeSra J. Ada s,~Secretary Ordinance No. FD 38 Page 4 of 4 EXHIBIT "A" SPECIAL TAX FOR FISCAL YEAR 2002/03 IN MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 85-1 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT ANNUAL STRUCTURES SPECIAL TAX Residential ($119.76) per DU Multi-family 2 DU: 1.75 ($119.76) 3 DU: 2.25 ($119.76) 4 DU: 2.65 ($119.76) 5-14 DU: 2.65 ($119.76) + {.35 (TU- 4) ($119.76)} 15-30 DU: 6.15 ($119.76) + {.30 (TU- 14) ($119.76)} 31-80 DU: 10.65 ($119.76) + {.25(TU-30) ($119.76)} 81 -up DU: 23.15 ($119.76) + {.20(TU-80) ($119.76)} Commercial ($119.76) per acre + $.065 per SF Industrial ($119.76) per acre + $.08 per SF NOTE: DU = Dwelling Unit TU = Total Units SF = Square Foot