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HomeMy WebLinkAbout95-091 - ResolutionsRESOLUTION NO. 95-091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING ENTRY INTO AN AGREEMENT FOR FUNDING OF FIRE PROTECTION SERVICES WITHIN THE CITY LIMITS OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA WHEREAS, the City Council of the City of Rancho Cucamonga, has determined that it is necessary for the efficient operation and management of Fire Protection Services within the City to make up a shortfall in District revenues, and; WHEREAS, the City Council of the City of Rancho Cucamonga, recognizes that it has sufficient funds available to provide to District to maintain existing service levels within the City's boundaries, during fiscal year 1995/96, and; WHEREAS, the attached agreement for funding of fire protection services provides authorization for payment of said funds for fire protection services. NOW, THEREFORE, be it resolved that the City Council of the City of Rancho Cucamonga authorize the Mayor to enter into an agreement for funding of fire protection services within the city limits of the City of Rancho Cucamonga during fiscal year 1995/96. PASSED, APPROVED, AND ADOPTED this 8th day of June, 1995. AYES: Alexander, Biane, Curatalo, Gutierrez, Williams NOES: None ABSENT: None William J. ~lexander, Mayor Resolution No. 95-091 Page 2 ATTEST: I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at an adjourned meeting of said City Council held on the 8th day of June, 1995. Executed this 12th day of June, 1995, at Rancho Cucamonga, California. Debra J. Adarfi~, CMC, City Clerk Resolution No. 95-091 Page 3 AGREEMENT FOR FUNDING OF FIRE PROTECTION SERVICES WITHIN THE CITY LIMITS OF THE CITY OF RANCHO CUCAMONGA DURING FISCAL YEAR 1995-96 This Agreement is made and entered into by and between the City of Rancho Cucamonga ("City" hereinafter) and Rancho Cucamonga Fire Protection District ("District" hereinafter). WITNESSETH A. Recitals. (i) District provides fire protection and related services within City's boundaries. (ii) City desires that the level of services so provided by District during fiscal year 1994-95 ("the service levels" hereinafter) be maintained by District during fiscal year 1995-96. (iii) District projects a budget shortfall of $650,000 for fiscal year 1995-96 which jeopardizes Dislrict's ability to provide the service levels within City's boundaries during fiscal year 1995-96. (iv) Rather than City directly supplementing District's provision of services within City's boundaries during fiscal year 1995-96 City is willing to fund District's operations during that fiscal year to insure that the service levels will be maintained within City. (v) California Constitution Article XIIIB, Section 3 (a) provides as follows: "In the event that the financial responsibility of providing services is transferred, in whole or in part, whether by annexation, incorporation, or otherwise, from one entity of govemment to another, then for the year in which such transfer becomes effective the appropriations limit of the transferee entity shall be increased by such reasonable amount as the said entities shall mutually agree and the appropriations limit of the transferor entity shall be decreased by the same amount." Resolution No. 95-091 Page 4 B. Agreement. NOW, THEREFORE, the parties hereto agree as follows: 1. On or before June 30, 1996, City shall pay to District an amount not to exceed $650,000. The exact sum to be determined by the City Manager based upon currently available data at the time payment is made. 2. In consideration of City's payment provided for in paragraph 1 above, District shall maintain the service levels within city's boundaries during the entirety of the 1995-96 fiscal year. 3. On or before July 31, 1996, District shall supply to City financial statements and any and all other documents deemed necessary by City to indicate that the funds be paid pursuant to paragraph 1 have been utilized by District to maintain the service levels within City during fiscal year 1995-96 rather than being put to another use such as supplementing District's reserves. Any portion of said sum not so utilized in the prescribed manner shall be refunded to City within 30 days of notification by the City. 4. In considering subsequent year's allocation to the District, the City will utilize the Utility Users Tax Reduction Formula adopted pursuant to Resolution No. 5. In accordance with California Constitution Article XIIIB, Section 3 (a), City's appropriation limitation for fiscal year 1995-96 shall be increased and District's appropriation limitation for fiscal year 1995/96 shall be decreased by the amount paid to the District pursuant to paragraph 1, above based upon the transfer of financial responsibility of providing fire protection and related services provided for herein. Said adjustments to appropriation limitations shall be modified promptly to reflect any refund which occurs in accordance with paragraph 3, above. Resolution No. 95-091 Page 5 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement on the dates set forth below opposite the name of each such party. CITY OF RANCHO CUCAMONGA Dated: By: William J. Alexander Mayor ATTEST: Debra Adams, City Clerk, City of Rancho Cucamonga RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Dated: By: William J. Alexander, President