HomeMy WebLinkAboutFD-028 - OrdinancesORDINANCE NO. FD28
ORDINANCE OF THE BOARD OF DIRECTORS OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, CALIFORNIA,
AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY
FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 97-'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
COMMUNITY FACILITIES DISTRICT NO. 85-1 (the "District"); and,
WHEREAS,
the area proposed to be annexed is known and designated as ANNEXATION NO.
97-1, COMMUNITY FACILITIES DISTRICT NO. 85-1 (hereinafter referred to as the
"Annexed Territory"); and,
NOW, THEREFORE, the Board of Direcotors 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.
SECTION2.
This legislative body does, by the passage of this Ordinance,
authorize the levy of special taxes at the rate and formula and set
forth in Exhibit "A" attached hereto, referenced and so incorporated.
SECTION3.
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.
SECTION4.
Properties or entities of the State, Federal or other local
governments shall be exempt from the above-referenced and
approved special tax.
SECTIONS.
The proceeds of the above authorized and levied special tax may
only be used to pay, in whole or in part, 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:
Ordinance FD28
Page 2
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.
The proceeds of the special tax shall be levied only so long as
needed for its purpose, and shall not be used for any other purpose.
SECTION 6.
The above authorized special tax shall be collected in the same
manner as ordinary ad valorem 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 casue 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
PASSED, APPROVED AND ADOPTED this 5th day of November, 1997.
AYES:
NOES:
ABSENT:
ABSTAINED:
Alexander, Biane, Curatalo, Gutierrez
None
Wdliams
None
:ner~n~er, ~/
Ordinance FD28
Page 3
I ATTEST:
Debra J. Adams, Secretary
I, DEBRA J. ADAMS, SECRETARY of the Rancho Cucamonga Fire Protection District, do heroby
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 15th day of October, 1997 and was
finally passed at a regular meeting of the Board of Directors of the Rancho Cucamonga Fire
Protection District held on the 5th day of November, 1997.
Executed this 6th day of November, 1997 at Rancho Cucamonga, California.
Debra J. Adams, Secretary
Exhibit A
Ordinance FD28
Page 4
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
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. 97-1 for Fiscal Year 1997-1998 shall
be:
Structures
Residential
Multi-Family
Commercial
industrial
DU= Dwelling unit
TU= Total dwelling units
SF= Square feet
Maximum Annual Special Tax
1 DU = $105.57
2 DU
3 DU
4 DU
5-14 DU
15-30 DU
31-80 DU
81-UP DU
=($105.57)1.75
=($105.57)2.25
=($105.57)2.65
=($105,57)2.65 + [. 35(TU-4)($105.57)]
=($105,57)6.15 + [.30(TU-14)($105.57)]
=($105.57)10.65 + [.25(TU-30)($105.57)]
=($105.57)23.15 + [.20(TU-80)($105.57)]
($105.57) per acre + $0.057 per SF
($105.57) per acre + $0.07 per SF
ANNUAL ADJUSTMENT
The maximum Special Tax shall be annually adjusted commencing on July 1, 1997 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.
Ordinance FD28
Page 5
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 SPECIAL 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 "certificate of occupancy" or "utility release" from the City of Ranch
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 valorera 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.
Exhibit A J