2001/06/26 City Council Resolution (6)RESOLUTION NO. 2001 -138
A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF ROHNERT PARK
ACCEPTING THE ENGINEER'S REPORT FOR
THE FIRE SUPPRESSION BENEFIT ASSESSMENT DISTRICT NO. 00 -1
AND LEVYING THE FIRE SUPPRESSION BENEFIT ASSESSMENT
FOR FISCAL YEAR 2001/2002.
WHEREAS, Article 3.6 of Chapter 1, Part 1, Division 1 of Title 3 of the Government
Code of the State of California (commencing at Section 50078), the "Fire Suppression
Assessment Law ", provides that the Rohnert Park City Council may determine and levy
assessment for fire suppression services; and
WHEREAS, On November 5, 1996, California voters approved Proposition 218,
entitled "Right to Vote On Taxes Act ", which added Articles XIIIC and XIIID to the
California Constitution which established procedural requirements for the formation and
administration of assessment districts; and
WHEREAS, on January 11, 2000 a Resolution of the City Council of the City of
Rohnert Park accepting certification of the ballot results for the Fire Suppression Benefit
Assessment District No. 00 -1 accepting the Engineer's Report, and establishing the Fire
Suppression Benefit Assessment; and
WHEREAS, Berryman and Henigar has filed with the Rohnert Park City Council an
Engineer's Report (hereinafter referred to as "the Report') which contain a listing of each lot
or parcel of property subject to the fire suppression benefit assessment and the amount of the
assessment for each lot or parcel for the 2001/2002 fiscal year; and
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Rohnert
Part that the express purpose for which the Fire Suppression Benefit Assessment is levied is
to establish a stable source of supplementary funds to obtain, furnish, operate, and maintain
fire suppression equipment and apparatus and for the purpose of paying the salaries and
benefits of Public Safety personnel assigned to fire suppression duties.
BE IT FURTHER RESOLVED, by the City Council of the City of Rohnert Park that
any funds collected from the Fire Suppressing Benefit Assessment shall be expended only for
the. special benefit of parcels within the City of Rohnert Park. Any expended funds raised by
the Fire Suppression Benefit Assessment remaining at the end of the fiscal year shall be
carried over to be utilized for the same purposes in the next fiscal year.
BE IT FURTHER RESOLVED, by the City Council of the City of Rohnert Park that
the Report is hereby accepted and the Fire Suppression Benefit Assessments contained in the
Report shall be levied upon the real property within the City of Rohnert Park for the
2001/2002 fiscal year including a 3% increase based on the change in the consumer price
index for San Francisco - Oakland -San Jose during the preceding twelve months which was
5.8% and not to exceed three percent (3 %). The records of the County Assessor of the
County of Sonoma shall be used to determine the location and classification of use of any
parcel for the purpose of determining the applicable Fire Suppression Benefit Assessment.
Resolution No. 2001- 138
(Page 2 of 2)
BE IT FURTHER RESOLVED, by the City Council of the City of Rohnert Part that
the Fire Suppression Benefit Assessments shall be collected in the same manner, and subject
to the same penalties as other fees, charges, and taxes fixed and collected by, or on behalf of,
the City of Rohnert Park.
BE IT FURTHER RESOLVED, by the City Council of the City of Rohnert Park that,
or order of the Rohnert Park City Council, the Fire Suppression Benefit Assessment as it
applies to any parcel may be corrected, cancelled or a refund granted, as appropriate.
BE IT FURTHER RESOLVED, by the City Council of the City of Rohnert Park that
this Resolution shall become effective immediately after its adoption.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert
Park this 26th day of June 2001.
THE CITY OF ROHNERT PARK
FLORES: AYE REILLY: AYE SPIRO: ABSENT VIDAK- MARTINEZ: AYE MACKENZIE: AYE
AYES: (4) NOES: (0) ABSENT: (1) ABSTAIN: (0)