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HomeMy WebLinkAbout86-31 - ResolutionsRESOLUTION NO. 86-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local A~ency"), at this time is desirous to annex 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 Comnmnity Facilities District has been designated as COMMUNII'Y FACILITIES DISTRICT NO. 84-1 (DAY CREBX DP. AIN~4~E SYSTEM) (hereinafter referred to as the "District"); and, as WHEREAS, the area proposed to be annexed shall be known and designated ANNEXATION NO. 86-1 COMMUNITY FACILITIES DISTRICT NO. 84-1 (DAY CREBX DRAINAGE SYSTEM) (hereinafter referred to as the "annexed territory"). WHEREAS, this legislative body is now desirous to proceed to adopt its Resolution of Intention to annex territory to the existing District, to describe the territory included within the existing District and the territory proposed for annexation, to specify the facilities to be provided, to set and specify the special taxes that would be levied within the territory proposed to be annexed, and to set a time and place for a public hearing relating to the annexation of territory to said District; and, WHEREAS, a map showing the territory to be annexed has been submitted, which said map is hereby approved and a copy of said map shall be kept on file with the transcript of these proceedings. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That these proceedings for annexation are initiated by this legislative body pursuant to the authorization of Section 53339.2 of the Government Code of the State of California. SECTION 3: That this legislative body hereby determines that the public convenience and necessity requires that certain territory be added to the existing District and this legislative body declares its intention to annex said territory to the existing Community Facilities District, and a description of the boundaries and territory proposed to be annexed is as follows: Beginning at the centerline intersection of HIGHLAND AVENUE (66 feet wide) and MILLIKEN AVENUE (66 feet wide); thence Northerly along the centerline of MILLIKEN AVENUE 2,652 feet to the North line of the Southwest 1/4 of Section 30, Township 1 North, Range 6 West, San Bernardino Meridian; thence East along said line and the North line of the Southeast 1/4 of Section 30, 4,034 feet to the centerline of ROCHESTER AVENUE (60 feet wide); thence South along the centerline of said ROCHESTER AVENUE 2,640 feet to the centerline of HIGHLAND AVENUE; thence West along the centerline of said HIGHLAND AVENUE 4,018 fee. t to the point of beginning. Containing an area of 245.00 gross acres, more or less. A general description of the territory included in the existing District is hereinafter described as follows: Certain properties lying within the following described boundaries: Resolution No. 86-31 Page 2 Southerly by FOURTH STREET Westerly by MILLIKEN AVENUE Northerly by the Northerly City limits of the City of Rancho Cucamonga (HIGHLAND AVENUE and WILSON AVENUE) Easterly generally by ETIWANDA AVENUE For particulars, reference is made to a map previously approved and on file in the Office of the City Clerk. SECTION 4: The name of the proposed annexation shall be known and designated as ANNEXATION NO. 86-1, COMMUNITY FACILITIES DISTRICT NO. 84-1 (DAY CRE~X DRAINAGE SYSTEM). SECTION 5: That the types of public facilities provided in the existing District are generally described as set forth below, and no additional facilities are to be provided in the annexed territory and the existing facilities for the existing District will serve the properties within the annexed territory. A general description of the facilities authorized in the existing District is set forth as follows: I. PRIMA~Y DRAIN~-E FACILITIES TO SERVE ZONES "A" AND "B": DEBRIS BASIN: The construction of flood control retention and water reclamation basin improvements in the unincorporated ares North of the City. DAY CRE~X: Major flood control channel improvement existing from the debris basin to the Southerly boundary of the City of Rancho Cucamonga (FOURTH STREET). II. JOINT COOPERATIVE IMPROV[MENTS In cooperation and coordination with the City of Ontario, assistance shall be provided for the construction of the following: DAY CRE~K CHANNEl. improvements ETIWANDA CHANNEL improvements WINEVILLE BA.~IN flood control retention and water reclamation basin improvements III. The above improvements are located outside of the incorporated limits of the City of Rancho Cucamonga, but necessary to serve the properties and development witbin said City. FEDERAT.Ly ASSISTED FACILITIES The construction of certain DAY CREBX spreading grounds and the DAY CREEK BASIN, only upon the condition that certain Federal interest-free loans are obtained, including the acquisition of right-of-way and land, as necessary, including other facilities, appurtenances and all incidental expenses. SECTION 6: A special tax, except where funds were otherwise available, has been authorized to be levied within the boundaries of the existing District. For particulars as to the rate and method of apportionment of the existing tax for the District, reference is made to the attached and incorporated Exhibit "A", which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the existing District to clearly estimate the annual amount that said person will have to pay on said special tax. It is the intent of this legislative body that the same tax as existing would be levied within the proposed annexed territory to pay for the above-described public facilities. Resolution No. 86-31 Page 3 SECTION 7: NOTICE IS GIVEN THAT ON THE 19TH DAY OF MARCH, 1986, AT THE HOUR OF 7:30 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE L~GISLATIVE BODY, BEING LOCATED AT 9161 BA.gE LINE DRIVE, RANCHO CUC~MONGA, CA, A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE ANNEXATION OF CERTAIN TERRITORY TO THE EXISTING COMMUNITY FACILITIES DISTRICT, THE PROPOSED METHOD AND APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED WITHIN SAID PROPOSED ANNEXED TERRITORY, AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. THAT AT THE ABOVE-MENTIONED TIME AND PLACE FOR PUBLIC HEARING , ANY PERSONS INTERESTED, INCLUDING TAXPAYERS, PROPERTY OWNERS AND REGISTERED VOTERS, MAY APPEAR AND BE HEARD, AND THAT THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ANNEXATION OF TERRITORY TO THE EXISTING DISTRICT AND THE FURNISHING OF THE FACILITIES, WILL BE HEARD AND CONSIDERED. ANY PROTESTS MAY BE MADE ORALLY OR IN WRITING. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CLERK OF THE LM~ISLATIVE BODY ON OR BEFORE THE TIME FIXED FOR THE PUBLIC HEARING. IF A WRITTEN MAJORITY PROTEST IS FILED AGAINST THE PROPOSED ANNEXATION, THE Lm~-ISLATIVE BODY SMALL ABANDON TNE PROPOSED ANNEXATION OF THAT TERRITORY TO THE EXISTING COMMUNITY FACILITIES DISTRICT. SECTION 8: That notice of the time and place of the public hearing shall be given by the City Clerk in the following manner: A Notice of Public Hearing shall be published in the legally designated newspaper of general circulation being the DAILY REPORT, said publication pursuant to Section 6061 of the Government Code, with said publication to be completed at least seven (7) days prior to the date set for the public hearing. A Notice of Public Hearing shall be mailed, postage prepaid, to each property owner and registered voter within the boundaries of the territory proposed to be annexed; said mailing to the property owners shall be to the address as shown on the last equalized assessment roll. Said mailing shall be completed at least fifteen (15) days prior to the date set for the public hearing. SECTION 9: All environmental evaluation proceedings relating to the annexation of territory to the existing District shall be completed prior to the date end time set for the public hearing. PASSED, APPROVED, and ADOPTED this 5th day of February, 1986. AYES: Wright, Mikeis, Dahl, King NOES: None ABSENT: Buquet ATTEST: ~Authelet, City Clerk Resolution No. 86-31 Page 4 I, BEVERLY A. AUTHRLET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 5th day of February, 1986. Executed this 6th day of February, 1986 at Rancho Cucamonga, California. CITY OF RANCHO CUCAMONGA ANNEXATION NO. 85-1 COMMUNITY FACILITIES DISTRICT NO. 84-1 (DAY CRERK DRAINAGE SYSTEM) EXHIB IT "A" The rate, method and formula for the levy of the special tax for the area subject to annexation, based upon a bond amount not to exceed $20,225,000.00, payable over a period of years not to exceed twenty (20) years, shall NOT EXCEED $550.00 PEE ACRE PER YEAR.