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HomeMy WebLinkAbout91-233 - Resolutions RESOLUTION NO. 91-233 A RESOLUTION OF I~E CITY (IX~KIIL OF ~HE CITY OF RAN(~O ~, CAT.TFORNIA, DECLARING ITS ~ON TO ANNEX TERRITC~ TO AN EXISTING ~ FA~iI/T]]~S DISTRICT WHEREAS, the City Council of the City of Rancho Cucamonga (herein- after referred to as the "legislative body of the local A~ency,,), at this t/me is desirous to annex territory to an existing O~.~unity Facilities District pursuant to the terms and provisions of the '~4ello-P~os (km~unity Facilities Act of 1982", being Chapter 2.5, Part 1, Divisic~ 2, Title 5 of the Goverr~ent Code of the State of California, and specifically Article 3.5 thereof. The existing Community Facilities District b~-~ been designated as ~ FAC~.TTIES DISTRICT NO. 88-2 (hereinafter referred to as the "District"); ar~ designated as ~ FACIL]~fiES DISTRICT NO. 88-2, ANNEXATTON NO. 1 (hereinafter referred to as the "annexed territory,); and WHEREAS, this legislative body is now desirous to prooeed to adopt its Resolution of Intention to annex territory to the existing District, to describe the territory included within the existing District and the territory proposed for annexation, to specify the services to be urovided, to set and specify the special taxes that would be levied within the territory proposed to be annex__~d__, and to set a time and plaoe for a public hearing relating to the annexation of territory to said District; and suhnitted, which said map is hereby approved and a copy of said map shall be kept on file with the transcript of these p~ceed/ngs. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SIDCrION 1: That the above recitals are all true and correct. SECTION 2: That these ~ for annexation are initiated by this legislative body pursuant to the authorization of Section 53339.2 of tb~ Govek~.~ent (kx~e of the State of California. sqDCTION 3: That this legislative body hereby deterntines that the public oonvenienoe and neoessity requires that certain territory be added to the exist/rig District and t_his legislative body declares its intention to annex said territory to the existing C~,,,unity Facilities District, and a description of the boundaries and .territory proposed to be annexed is as follows: ing C~,,,~nity Facilities District, as said property is shown on a map as previously approved by this legislative body, said map designated by the number of the annexation ar~ the name of t_he ewi~ting C~tu,unity Facilities District, a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. Resolution No. 91-233 p e2 A general description of the territory included in the existing District is hereinafter described as follows: All that urope~ and territory as previously included within the original O~m~nity Facilities District, as said property was shown on a map as approved by this legislative body designated by the name of the original existing C~,mdnity Facilities District, a copy of which is on file in the Office of the City Clerk, as well as a copy being on file in the Office of the County Record_er. S~2TION 4: The name of the uroposed annexation shall be known and designated as OC~gfONITY FAC~.TTIES DISTRICT NO. 88-2, ANNEXATIC~ NO. 1. S~2TION 5: That the type of public services provided in the existing District are generally described as set forth below, and no additional facili- ties or services are to be provided in the annexed territory and the services as authorized for the existing District will serve tb~ properties within the annexed territory. A general description of the services authorized in the existing District and applicable for the annexed territory is set forth as follc~s: Police protection services which are in addition to the extent to which said services are currently provided to the territory within the District. No special tax will be authorized or levied for any other facilities as authorized in the original District. ~ON 6: It is the intention of this legislative body that, except where funds are otherwise available, a special tax sufficient to pay for said services to be provided in the annexed territory, secured by recordation of a will be levied annually within the boundaries of the annexed territory. For particulars as to the rate and method of apportionment of the uroposed special tax, reference is made to the attached and incorpora~ Exhibit "A", which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the anne~_~_ territory to clearly estimate the maximum amount that said person will have to pay on said special tax. procedure, sale and lien priority in any case of del~ as applicable for ad valorem taxes; ~, as applicable, this legislative body may est~_blish SMCTION 7: This legislative body hereby determines that parcels owned by regulated public utilities and in use in the p~oviding of telephone service, water, electricity, gas or other _m~__ns of heat, illumination, power or any other public service, shall be ex~ frc~ the special tax. Resolution No. 91-233 Page 3 ~_~__~: NOTICE IS G~ ~ C~ ~]{E 2ND DAY OF ~, 1991, AT THE ~ OF OF 7:00 O'CIDC~ P.M., IN THE R~3IAR ~ PLACE OF ~E LB~TSLATIVE ~, R~ M ~ ~, 10500 ~C ~ ~, ~ ~, ~, A ~C ~ ~ BE ~n ~ ~S ~I~ ~Y ~. ~S~ ~ ~~ OF ~ ~ ~ ~ ~~ ~ F~.~ DI~, ~ ~~ ~ ~ ~~ OF ~ ~ ~ ~ ~ ~ ~S ~~ OF ~~. ~ ~ P~S ~~ 9: ~t ~i~ of ~ t~ ~ p~ of ~ ~lic ~~ ~11 ~ gi~ ~ ~ Ci~ Cl~k ~ ~ foll~ ~: 1. A N~ of ~lic ~~ ~1 ~ ~1~ ~ ~ l~lly ~i~ ~~ of g~l c~ati~, ~ ~ ~ Uall~ ~ily ~1~, ~id ~li~tion ~t ~ ~i~ 6061 of ~ ~t ~, wi~ ~id ~li~tion ~ ~ ~le~ at 1~ ~ (7) ~ ~i~ ~ ~ ~ ~ f~ ~ ~lic 2. A ~i~ of ~lic ~~ ~11 ~ mil~, ~~ ~id, ~ f~ ~ti~; ~id mil~ ~ ~ ~ ~ ~11 ~ ~ ~id mil~ ~11 ~ ~1~ at 1~ fif~ (15) ~ ~i~ ~ ~ ~ ~ for ~ ~lic h~. S~ 10: ~1 ~~1 e~l~tion ~ re~t~ ~ ~ ~tion of ~i~ ~ ~ ~~ Di~i~ ~11 ~ ~1~ ~ior ~ ~ ~ ~ t~ ~t for ~ ~lic h~. P~, ~, ~ ~~ ~s 2~ ~y of ~, 1991. A~: ~~, ~t, ~, Willi~ ~: ~i~t D~-a J. A~ms,' Cit~ Cl~rk Resolution No. 91-233 Page4 I, D~3RA J. ADAMS, CITY cr.~RK of the City of Rancho <~, California, do hereby certify that the foregoing Resolution was duly passed, ap~, and adopted by the City Council of the City of Rancho O__~_~mn~3a, California, at a regular meeting of said City ~il held on the 21st day of At~3t~-t, 1991. Executed this 22rd day of August, 1991 at Rancho Cucamonga, Resolution No. 91-233 Page5 ~ FAC~.ITIES DISTRICT NO. 88-2 ANNEXATIC~ NO. 1 EX~TRIT "A- The Resolution of Intention refers to this Exhibit for an explanation of the rate and method of apportionment of the Special Taxes so as to allc~ each landowner or resident within the proposed Cc~unity Facilities District to estimate the maximum amount that would be requ/red for payment for such landowner's or resident's property. SPECIAL TAX "A" - PUBLIC FAC~ .~ Ali Developed Property shall be subject to the levy of Special Tax "B". The maximum authorized Special Tax "B" rates for fiscal year 1989-1990 are as follows: 1. DEVELOPED PROP~qTY A. Residential Class I $ 432 per year (More than 3,590 square feet of dwelling unit living area) * B. Residential Class II $ 320 per year (3,077-3,589 sq~u~e feet of dwelling unit living area) · C. Residential Class III $ 240 per year (2,564-3,076 square feet of dw~ll~ unit living area) , D. Residential Class IV $ 192 per year (2,308-2,563 square feet of dwelling unit living area) · E. Residential Class V $ 160 per year (2,051-2,307 sc~m~e feet of d~elling unit living area) , F. Residential Class VI $ 112 per year (Less than 2,051 square feet of d~elling unit living area) * Resolution No. 91-233 Page6 G. C~,,t~rcial or industrial property $1,000 per acre per year ** The maximum annual Special Tax "B" rates shall be subject to escalation each J~ly 1st c~L,L~ncing July 1, 1990, at a rate not to exceed four percent (4%) per year. Special Tax "B" shall be levied annually so long as Special Tax "B" Revenues are necessary to pay for additional police service necessary to serve the properties located within the District. For particulars as to implementation, interpretation and general methods reg~lh~g the procedure and apportionment, reference is made to the '~eport" of the Special Tax Consultant as previously approved and on file in the Office of the City Clerk.