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HomeMy WebLinkAboutFD-044 - OrdinancesORDINANCE NO. FD 44 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 2007/08 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 2007/08. 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 2007/08 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 44 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: Filing 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 16`" day of May, 2007, and was adopted on the 6`" day of June, 2007 and shall take effect and be in force upon its adoption. Please see the following page for formal adoption, certification and signatures Ordinance No. FD 44 Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 6"'day of June 2007. AYES: Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: Kurth ABSTAINED: None Diane Williams, Mayor Pro Tem ATTEST: De ra J. Ada ~ 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 16`" day of May 2007 and was passed at a Regular Meeting of the Board of Directors of the Rancho Cucamonga Fire Protection District held on the 6`" day of June 2007. Executed this 7`h day of June 2007 at Rancho Cucamonga, California. De ra J. Ada ,Secretary Ordinance No. FD 44 Page 4 of 4 EXHIBIT "A" SPECIAL TAX FOR FISCAL YEAR 2007/08 IN MELLO-RODS COMMUNITY FACILITIES DISTRICT NO. 85-1 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT STRUCTURES Residential Multi-family 2 DU: 3 DU: 4 DU: 5-14 DU: 15-30 DU: 31-80 DU: 81 - up DU: ANNUAL SPECIAL TAX ($143.31) per DU 1.75 ($143.31) 2.25 ($143.31) 2.65 ($143.31) 2.65 ($143.31) + {.35 (TU 6.15 ($143.31) + {.30 (TU 10.65 ($143.31) + {.25 (TU 23.15 ($143.31) + {.20 (TU Commercial ($143.31) per acre + $.078 per SF Industrial ($143.31) per acre + $.095 per SF NOTE: Reduction 4) ($143.31)} 14) ($143.31)} 30) ($143.31)} 80) ($143.31)} DU =Dwelling Unit TU =Total Units SF =Square Foot Commercial and industrial structures shall be granted a .01 cent reduction in the Special Tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall also be granted a .01 cent reduction (not cumulative) in Special Tax for each separate floor above or below the main ground floor of the structure.