HomeMy WebLinkAboutFD-047 - OrdinancesORDINANCE NO. FD 47
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 2008/09
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 2008/09.
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
2008/09 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:
(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:
Ordinance No. FD 47
Page 2 of 4
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
21st day of May, 2008, and was adopted on the 4`" day of June,
2008 and shall take effect and be in force upon its adoption.
Please tee the following page for
formal adoption, certification and signatures
Ordinance No. FD 47
Page 3 of 4
PASSED, APPROVED, AND ADOPTED this 4'h day of June 2008.
AYES: Gutierrez, Michael, Spagnolo, Williams
NOES: None
ABSENT: Kurth
ABSTAINED: None
1 ~
L. D nnis Michael, Vice Pres' n
ATTEST:
D bra J. Ada s 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 215' day of May 2008 and was passed at a Regular Meeting of the Board
of Directors of the Rancho Cucamonga Fire Protection District held on the 4`h day
of June 2008.
Executed this 5'" day of June 2008 at Rancho Cucamonga, California.
C~P-¢~-
De ra J. Adam ecretary
Ordinance No. FD 47
Page 4 of 4
EXHIBIT "A"
SPECIAL TAX FOR FISCAL YEAR 2008/09 IN
MELLO-RODS COMMUNITY FACILITIES DISTRICT NO. 85-1
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
ANNUAL
STRUCTURES SPECIAL TAX
Residential ($148.04) per DU
Multi-family 2 DU: 1.75 ($148.04)
3 DU: 2.25 ($148.04)
4 DU: 2.65 ($148.04)
5-14 DU: 2.65 ($148.04) + {.35 (TU - 4) ($148.04)}
15-30 DU: 6.15 ($148.04) + {.30 (TU - 14) ($148.04)}
31-80 DU: 10.65 ($148.04) + {.25 (TU - 30) ($148.04)}
81 - up DU: 23.15 ($148.04) + {.20 (TU - 80) ($148.04)}
Commercial ($148.04) per acre + $.080 per SF
Industrial ($148.04) per acre + $.098 per SF
NOTE: DU =Dwelling Unit
TU =Total Units
SF =Square Foot
Reduction
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.