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HomeMy WebLinkAboutRESOLUTIONS - 03162004 - 2004 RES 123 r RESOLUTION NO. 2004/123 A RESOLUTION OF THE GOVERNING BOARD OF THE EAST CONTRA COSTA FIRE PROTECTION DISTRICT OF FORMATION OF EAST CONTRA COSTA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 2004-1 (FIRE SERVICES),AND AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE CFD RESOLVED, by the Governing Board (the "Board") of the East Contra Costa Fire Protection District(the"District"), as follows: WHEREAS, on February 10, 2004, this Board adopted a resolution entitled"A Resolution of the Governing Board of the East Contra Costa Fire Protection District Declaring its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982" (the "Resolution of Intention") stating its intention to form the East Contra Costa Fire Protection District Community Facilities District No. 2004-1 (Fire Services) (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, California Government Code Section 53311 et seq. (the"Law"); and WHEREAS, the Resolution of Intention, incorporating by reference a map of the proposed boundaries of the CFD and describing the services eligible to be funded by the CFD(the"Services"), the cost of providing the Services, and the rate and method of apportionment of the special tax to be levied within the CFD to pay costs of the Services (the "Rate and Method"), is on file with the Clerk of the Board and the provisions thereof are incorporated herein by this reference as if fully set forth herein; and WHEREAS, the Resolution of Intention called for a public hearing on the CFD to be held on March 16, 2004 and on this date this Board held the public hearing as required by the Law and the Resolution of Intention relative to the proposed formation of the CFD; and WHEREAS, at the hearing all interested persons desiring to be heard on all matters pertaining to the formation of the CFD, the Services eligible to be funded by the CFD and the levy of the special tax were heard and a full and fair hearing was held; and WHEREAS, at the hearing evidence was presented to this Board on the matters before it, including a report by the Fire Chief as to the Services eligible to be funded by the CFD and the costs thereof, a copy of which is on file with the Clerk of the Board, and this Board at the conclusion of the hearing was fully advised regarding the CFD; and WHEREAS, written protests with respect to the formation of the CFD and/or the furnishing of specified types of Services as described in the Report have not been filed with the Clerk of the Board by fifty percent (50%) or more of the registered voters residing within the territory of the CFD or property owners of one-half(1/2) or more of the area of land within the CFD and not exempt from the special tax; and WHEREAS, the special tax proposed to be levied in the CFD to pay for costs of the Services, as set forth in Exhibit A to the Resolution of Intention, has not been eliminated by protest by fifty percent (50%) or more of the registered voters residing within the territory of the CFD or the owners of one-half (1/2) or more of the area of land within the CFD and not exempt from the special tax. H:\Personal\Documents\Reso Formation J7327.doc r NOW, THEREFORE, it is hereby FOUND, DETERMINED and ORDERED by the Governing Board of the East Contra Costa Fire Protection District,as follows: Section 1. The foregoing recitals are true and correct. Section 2. The proposed special tax to be levied within the CFD has not been precluded by majority protest pursuant to Section 53324 of the Law. Section 3. All prior proceedings taken by this Board in connection with the establishment of the CFD and the levy of the special tax have been duly considered and are hereby found and determined to be valid and in conformity with the Law. Section 4. The community facilities district designated "East Contra Costa Fire Protection District Community Facilities District No. 2004-1 (Fire Services)" is hereby established pursuant to the Law. Section 5. The boundaries of the CFD, as described in the Resolution of Intention and set forth in the boundary map of the CFD recorded at 11:05 a.m. on February 12, 2004, in the Contra Costa County Recorder's Office at Book 75 of Maps at Page 11 (Document No. 04-0047083-00), are hereby approved, are incorporated herein by this reference and shall be the boundaries of the CFD. Section 6. The type of services eligible to be funded by the CFD pursuant to the Law are as described in Exhibit A to the Resolution of Intention which Exhibit is by this reference incorporated herein. This Board hereby finds that the Services are necessary to meet increased demands placed upon local agencies as the result of development occurring in the CFD. Section 7. Except to the extent that funds are otherwise available to the CFD to pay for the Services, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the CFD, will be levied within the CFD and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this Board shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the parcels of real property within the CFD, in sufficient detail to allow each landowner within the CFD to estimate the maximum amount such owner will have to pay, are described in Exhibit B to the Resolution of Intention which Exhibit is by this reference incorporated herein. This Board hereby finds that the basis for the levy and apportionment of the special tax, as set forth in the Rate and Method, is reasonable. Section 8. The Fire Chief of the District, 134 Oak Street, Brentwood, California 94513, telephone number (925) 634-3400, is the officer of the District that will be responsible for preparing annually and whenever otherwise necessary a current roll of special tax levy obligations by assessor's parcel number and who will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Law. The Fire Chief is hereby authorized to engage from time to time, at the expense of the CFD, a consulting firm to assist him with the foregoing. Section 9. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the CFD and this lien shall continue in force and effect until the collection of the tax by the District ceases, if ever. Section 10. In accordance with Section 53325.7 of the California Government Code, the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the California -2- s Constitution, of the CFD is hereby preliminarily established at $2,000,000 and said appropriations limit shall be submitted to the voters of the CFD as provided below. The proposition establishing the appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions of Section 53325.7 of the Law. Section 11. Pursuant to the provisions of the Law, the proposition of the levy of the special tax and the proposition of the establishment of the appropriations limit specified above shall be submitted to the qualified electors of the CFD at an election, the time, place and conditions of which election shall be as specified by a separate resolution of this Board. Section 12. This Resolution shall take effect upon its adoption. PASSED,APPROVED AND ADOPTED,this 16''day of March,2004,by the following vote: AYES: SORS GIOIA, UILICM, (RTBERG DeSAtJLNIII� � AND GLOM NOES: MW ABSENT: NM Ch r,East ontra Costa Fire Protection District ATTEST: County Administrator and Clerk of the Board of Supervisors Bj y � - Deputy Clerk 05009.010327 3/2/04 -3-