The URL can be used to link to this page

Home My WebLink AboutFD-035 - OrdinancesORDINANCE NO. FD35 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, CALIFORNIA, AUTHORIZING THE LEVY OF THE SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 00-1 WHEREAS, the BOARD OF DIRECTORS of the Rancho Cucamonga Fire Protection District, CALIFORNIA, (the "legislative body"), has previously declared its intention and held and conducted proceedings relating to the annexation of territory to an existing Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof. The existing Community Facilities District has been designated as COMMUNITIES FACILITIES DISTRICT NO. 85-1 (the "District"); and, WHEREAS, the area proposed to be annexed in known and designated as ANNEXATION NO. 00-1, COMMUNITY FACILITIES DISTRICT NO. 85-1 ("Annexed Territory"); and, NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District, acting as the legislative body of Community Facilities District No. 85-1, does hereby ordain as follows: SECTION 1: The above recitals are all true and correct. SECTION 2: This legislative body does, by the passage of this Ordinance, authorize the levy of special taxes as the rate and formula and set forth in Exhibit "A" attached hereto, referenced and so incorporated. SECTION 3: This legislative body is hereby further authorized each year, by Resolution, to determine the specific special tax rate and amount to be levied for the next fiscal year, except that the special tax rate to be levied shall not exceed that as set forth above, but the special tax may be levied at a lower rate. SECTION 4: Properties or entities of the State, Federal or other local governments shall be exempt from the above-referenced and approved special tax. Ordinance No. FD35 Page 2 of 6 SECTION 5: The proceeds of the above authorized and levied special tax may only be used to pay, in whole or in pad, the costs of the following public facilities and public services, together with the costs of administering the District including the Annexed Territory and levying and collecting the special tax within the Annexed Territory. Fire protection and suppression facilities, and appurtenances including equipment, real property and other tangible property with an estimated useful life of five (5) years or longer for Fire Stations 2, 3, 4 and 5. The performance by employees of functions, operations and maintenance and repair activities in order to provide fire protection and suppression services. SECTION 6: The above authorized special tax shall be collected in the same manner as ordinary ad valorera taxes are collected and shall be subject to the same penalties and the same procedure and sale in cases of delinquencies for any other ad valorem tax. SECTION 7: This ordinance shall be effective thirty (30) days after its adoption. The President of the Board of Directors shall sign this ordinance' and the Secretary shall cause the same to be published within fifteen (15) days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the Rancho Cucamonga Fire Protection District. RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Please see the fogowing page for formal adoption and signatures Ref: Resolution No. FD 00-020, December 20,h, 2000 Ordinance No. FD35 Page 3 of 6 PASSED, APPROVED, AND ADOPTED this 17th day of January 2001. AYES: Alexander, Biane, Curatalo, Wdliams NOES: None ABSENT: Dutton ATTEST: ABSTAINED: None William J.~~nt Debra J. Adam(~Secretary I, DEBRA J. ADAMS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby cedify 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 20th day of December 2000 and was passed at a regular meeting of the Board of Directors of the Rancho Cucamonga Fire Protection District held on the 17th day of January 2001. Executed this 18th day of January, at Rancho Cucamonga, California. Ref: Resolution No. FD 00-020, December 20% 2000 Ordinance No. FD35 Page 4 of 6 EXHIBIT "A" COMMUNITY FACILITIES DISTRICT NO. 85-1 ANNEXATION NO. 00-1 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES The rate and method of apportionment, limitations on and adjustment to the Special Tax shall be as follows: To pay for fire suppression services and to finance fire suppression facilities, the Maximum Special Tax in Community Facilities District No. 85-1, Annexation No. 00-1 for Fiscal Year 2000-2001 shall be: Structures Residential 1 DU Maximum Annual Special Tax = ($112.90) Multi-Family 2 DU: 1.75 = ($112.90) 3 DU: 2.25 = ($112.90) 4 DU: 2.65 = (8112.90) 5-14 DU: 2.65 = ($112.90) + {.35 (TU-4) ($112.90)} 15-30 DU: 6.15 = ($112.90) + {.30 (TU-14) ($112.90)} 31-80 DU: 10.65 = ($112.90) + {.25 (TU-30) ($112.90)} 81 - up DU: 23.15 = ($112.90) + {.20 (TU-80) ($112.90)} Commercial ($112.90) per acre + $.061 per SF Industrial ($112.90) per acre + $.076 per SF Note: DU = Dwelling Unit TU = Total Units SF = Square Foot Ordinance No. FD35 Page 5 of 6 ANNUAL ADJUSTMENT The maximum Special Tax shall be annually adjusted commencing on July 1, 2000 and each July 1st thereafter for (a) changes in the cost of living or (b) changes in cost of living and changes in population as defined in Section 7901 of the Government Code, as amended, whichever is lesser. REDUCTION IN SPECIAL TAX Commercial and industrial structures shall be granted a reduction in the Special Tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall be granted a reduction in Special Tax for each separate floor above or below the main ground floor of the structure. LIMITATION ON SPECilAL TAX LEVY The Special Tax shall only be levied on Developed Property. Developed Property is defined to be property: Which is not owned by a public or governmental agency; Which is not vacant; Where a "cedificate of occupancy" or "utility release" from the City of Rancho Cucamonga has been issued; Which has an existing building or structure onsite; Which does not have as its sole use power transmission towers, railroad tracks, and flood control facilities. Areas granted as easements for such purposes shall be subtracted from the total acreage of the underlying lot. The annual levy of the Special Tax shall be based upon an annual determination by the Board of Directors of the Rancho Cucamonga Fire Protection District of the amount of other revenues available to meet budget requirements. As used in this formula, "available revenue" shall include ad valorem taxes, State of California augmentation, tax increment revenues received from the Redevelopment Agency of the City of Rancho Cucamonga and any other source of revenue except the Special Tax. The Board of Directors shall take all responsible steps to retain maximum Redevelopment Agency funding to which, by agreement, they may lawfully receive. To the extent available revenues are insufficient to meet budget requirements, the Board of Directors may levy the Special Tax. For further particulars regarding the rate and method of apportionment of the Special Tax, reference is made to the Final Report Mello-Roos Community Facilities District No. 85-1 for Fire Suppression Facilities/Services - Foothill Fire Protection District, a copy of which is on file in the office of the Fire Chief of the Rancho Cucamonga Fire Protection District. Ordinance No. FD35 Page 6 of 6 There Are No Further Items With This Ordinance.