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Home My WebLink AboutFD-003 - OrdinancesORDINANCE NO. 3 AN ORDINANCE OF THE FOOTHILL FIRE PROTECTION ]DISTRICT DETERMINING AND PROPOSING FOR ADOPTION AN ANNUAL CHARGE FOR FIRE PROTECTION AND ]PREVENTION AND RELATED SERVICES, AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE DISTRICT FOR THE PURPOSE OF SUBMITTING THE PROPOSITION TO THE VOTERS WHEREAS, the Board of Directors has determined that revenues which will be provided from ad valorem property taxes alone are insufficient to support continuation of present levels of fire protection and prevention services by the District during fiscal year 1981-82 and thereafter~ and WHEREAS, the Board of Directors has determined that State augmentation funds may not be available for providing an adequate level of fire protection and prevention services by the District during fiscal year 1981-82 and thereafter; and WHEREAS, Section 53978 of the Government Code of the State of California provides fire protection districts with the authority to impose special taxes pursuant to the provisions thereof; NOW, THEREFORE, IT IS HEREBY ORDAINED by the Board of Directors of the Foothill Fire Protection District of San Bernardino County as follows: Section 1. The Board of Directors does hereby determine that a special tax shall be imposed for providing fire protection and prevention services to properties within the District. Section 2. Definitions. Except as specifically defined in this section, words and phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage. no Building - Any structure erected for the support, shelter or enclosure of persons, animals, chattels or property of any kind. Dwelling Unit - A single family residence, each unit in a residential apartment or condominium building, each mobile home. Sprinkler Adjustment - A reduction, by 25%, of the charge if a structure charged under this ordinance meets or exceeds the requirements of the National ?ire Protection Association Standard Number 13 for fully sprinklered buildings· Ordinance No. 3 Page Two Dm Mobile Home Adjustment - A reduction of the charge if a mobile home is located within a mobile home park. Required Fire Flow - Shall be determined by the use of Foothill Fire Protection District Ordinance No. 1 for commercial, industrial and institutional build- ings 5,000 square feet or more of roof area. Commercial, industrial and institutional buildings having less than 5,000 square feet of roof area shall be considered, for the purposes of this ordinance, to have a required fire flow of 1,500 gallons per minute (gDm), except those commercial, industrial and institutional buildings having less than 5,000 square feet of roof area and having been classified as high hazard occupancies under existing laws, with a required fire flow of more than 1,500 gpm, shall have the actual required fire flow determined by the use of Ordinance No. 1. Unimproved Parcel - Any land that is void of a building or which has a building.with 1,000 square feet or less of' roof area. Combustible Construction - The use of combustible structural members that would propogate the extension of fire in a structure. Section 3. The rate of tax to be levied shall be in one or more of the following manners and in such amounts NOT TO EXCEED the following schedules: Parcel, Class of Improvement to Property, Use of Property Residential dwelling units, industrial, commercial, institutional, and other buildings Unimproved (each parcel) Maximum Annual Charge $7.50 per assessed benefit unit as per the Benefit Unit Schedule (BUS) $5.00 per assessed benefit unit as per the BUS Ordinance No. 3 Page Three Section 4. Schedule of Benefit Assessment Units: Description Number of Benefit Units Each single family dwelling on one acre of land or more Each single family dwelling on one acre of land or less Each additional dwelling unit on one acre of land or less (i.e., servant quarters, guest house, etc.) , exceDt apartments and residential condominiums Each dwelling unit in a building with two or more dwelling units Each mobile home located within a mobile home park Each commercial, industrial, institu- tional building on a parcel Each unimproved parcel within the Rancho Cucamonga city limits: All non-dwelling buildings on a residential or agricultural parcel with a roof area exceeding ]000 square feet All non-dwelling buildings of 1000 square feet or less of roof area and all carports with no walls Sp rinklered buildings Nursery lath or greenhouses used for the express purpose of sheltering living plants Aboveground stationary containers of flammable or combustible liquids or gases, with a capacity of more than 4000 gallons 10 each plus 1 for each un- improved additional acre up to 20 acres 10 each 5 each 3 each (with a minimum of 10 per building or a maxi- mum of 150 per building) 5 each 30 each per 1000 gpm fire flow with a maximum of 4500 gpm per each 30,000 square feet of roof area per build- ing 1 each per acre of land or part thereof, with a maxi- mum of 20 units per parcel 5 each per building Exempt from all charges Charges reduced by a 25% sprinkler adjustment, as defined 3 each 20 each Ordinance No. 3 Page Four Section 5. Such tax shall be imposed upon any parcel, improve- ment, and use of property to which fire protection and prevention service may be made available, whether or not such fire protection and prevention service is actually used upon such parcel, improve- ment, or use of property. Section 6. Such tax shall be imposed for the purpose of obtain- ing, furnishing, operating, and maintaining fire suppression equip- ment or apparatus and for the purpose of hiring and paying salaries and benefits to fire fighting personnel, and for such other necessary fire protection and prevention expenses within the district to which fire protection or prevention services are made available. Section 7. A special election is hereby called, to be held in the district on TUESDAY, JUNE 2, 1981, for the purpose of submitting to the qualified voters of the district the proposition which shall take effect upon approval of two-thirds (2/3) of the voters voting on the proposition. Section 8. On the ballots to be used at the special election in addition to any other matters required by law, there shall be printed substantially the following: Proposition: Shall the Foothill Fire Protection District be authorized to levy an annual charge for the purpose of obtaining, furnishing, operating, and maintaining fire suppression equipment or apparatus, for hiring and paying salaries and benefits to fire fighting personnel, and for such other necessary fire protection and prevention expenses to the District, in the amounts NOT TO EXCEED the following schedule and on the following basis? Parcel, Class of Improvement to Property, Use of Propertly Residential Commercial, industrial, institu- tional, or other buildings, less than 5000 square feet of roof area (except high hazard buildings) Commercial, industrial, institu- tional, or other buildings, 5000 square feet or more of roof area Unimproved (each parcel within the Rancho Cucamonga city limits) Annual Fire Protection Charge Maximum of $75.00 per dwelling unit Maximum of $337.50 per building Maximum of $1012.50 per each 30,000 square feet of roof area per building Maximum of $100.00 per parcel Pursuant to Government Code Section 53978 and Article XIIIA of the California Constitution. Foothill Fire Protection District Ordinance Number 3 YES NO Ordinance No. 3 Page Five Section 9. The election shall be called, held and conducted in all respects as nearly as practicable in conformity with the Uniform District Election Law and shall be, and is hereby ordered consolidated with any other election to be held on said date. Section 10. If the proposition is approved, the dollar amount (not to exceed aforementioned limits) of fire protection charge for each benefit unit for fiscal year 1981-82 and each fiscal year thereafter shall be determined and adopted annually by the Board of Directors using the following formula: Total Dollar Amount to be Raised Divided by Total Determined Benefit Units Charge Per Benefit Unit Section 11. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the remainder of this ordinance and the application of such provision to other persons or circumstances shall not be affected thereby and, to this end, the provisions of this ordinance are severable. APPROVED AND ADOPTED this 24th day of February , 1981, at an Adjourned Reqular meeting of the Board of Directors of the Foothill Fire Protection District, by the following vote, to wit: AYES: NOES: ABSENT: ALEXANDER, AMODT, LYONS, RICHARDS, SPIERS NONE NONE FOOTHILL FIRE PROTECTION DISTRICT BOARD OF DIRECTORS ~ ~der~ William J. A1 : .o~b[ert A. Lee, Sentry (seal)