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RESOLUTION NO. 2004-104
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A
COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR
THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION
FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN
SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING
THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF
NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO. 1033), AND
REPEALING RESOLUTION NO. 2003-361.
WHEREAS, the City of San Bernardino, California (the "City"), is a municipal
corporation and charter city, duly organized and existing pursuant to the provisions of
the Constitution of the State of California; and
WHEREAS, currently areas within the Verdemont Area of the City
("Verdemont Area"), generally within the City boundaries located north and
northwesterly of University Parkway to the Devore Road exit on the I-215 Freeway, are
not provided with adequate fire and safety protection in light of the recent fires which
ravished the City, and new development within the City will cause substantial
environmental impacts; and
WHEREAS, it is in the best interest of the City to provide additional fire and
safety protection prior to any new development as well as provide for a guaranteed
means to pay for such ongoing protection; and
WHEREAS, on December 15, 2003, the City approved Resolution No. 2003-
361, which authorized the initiation of proceedings for the formation of a community
facilities district for the ongoing operation and maintenance of a fire station to serve
future development within the City; and
WHEREAS, in the public interest, convenience and necessity it is the intention
of the Mayor and Common Council to order the establishment of a community facilities
district pursuant to the terms and provisions of California Government Code Section
53311 et seq., sometimes commonly referred to as the "Mello -Roos Community
Facilities District Act' (the "Act"), which community facilities district shall be known
as Community Facilities District No. 1033, City of San Bernardino, California ("CFD
No. 1033"), and to levy and collect assessments on new development within CFD No.
1033; and
WHEREAS, in compliance with Public Resources Code Section 21000 et. seq.,
the California Environmental Quality Act ("CEQA"), the City may mitigate such
significant adverse economic impacts, including the continuing maintenance and
operation of a fire station within CFD No. 1033, by requiring developers to pay a
mitigation fee; and
2004-104
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A
COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR
THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION
FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN
SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING
THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF
NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO. 1033)
WHEREAS, prior to the approval of any certificate of occupancy for such new
development, the City may require such future development within the City to mitigate
such substantial environmental impacts pursuant to Government Code Section
66474(e); and
WHEREAS, the City has considered and adopted local goals and policies
relative to the use of community facilities districts in accordance with Section 53312.7
the Act, and such goals and policies are on file with and available from the City Clerk;
and
WHEREAS, proposed CFD No. 1033 anticipates that only properties with new
development shall be eligible for inclusion within CFD No. 1033 which are located
within the Verdemont Area, and including such other properties with new development
that are anticipated to be annexed into the City at a later date, in addition to those
precise properties intended to be included within the initial formation of CFD No. 1033
for which a diagram is attached hereto as Exhibit "A", where such diagram sets forth
the precise exterior boundaries of the initial scope of CFD No. 1033; and
WHEREAS, the Verdemont Fire Station shall be located at the intersection of
Kendall Drive and Palm Avenue and is presently intended to be constructed with the
proceeds of a State of California Infrastructure Bank financing in the principal amount
in excess of $2,000,000 to be repaid from funds collected upon payment of the
Verdemont Area Infrastructure Fee by new development within the Verdemont Area
pursuant to Municipal Code Section 15.73, et seq., and from other funds of the City to
the extent necessary, and such Verdemont Fire Station will be operated and maintained
to service the fire and safety needs of properties both within the Verdemont Area of the
City and CFD No. 1033; and
WHEREAS, the new development that is anticipated to occur in the Verdemont
Area has created the need for the construction of the Verdemont Fire Station to allow
for the continued development within the Verdemont Area and to meet the additional
service demands that will be placed upon the City to provide a continued fire protection
service within the Verdemont Area as such new development continues to occur in
areas northerly of existing fire station service areas, and that such new development in
the Verdemont Area, and not existing development, shall be required to pay for the
costs of the operations and maintenance of the Verdemont Fire Station; and
WHEREAS, the proposed assessment or special tax (the "Tax") shall be used
and applied for the continued operation and maintenance of the Verdemont Fire Station,
including but not limited to payment of compensation of employees, including salaries
and benefits, maintenance and operation of fire safety vehicles and the fire station
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A
COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR
THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION
FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN
SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING
THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF
NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO. 1033)
structures, any other expenses required to keep the such equipment and improvements
in fit operating condition and any incidental expenses (collectively, the "O&M
Expenses"); and
WHEREAS, except to the extent funds are otherwise available to pay the entire
amount of the O&M Expenses, the Tax shall be levied upon the properties within CFD
No. 1033 not to exceed the annual maximum permitted amounts to pay a portion of the
O&M Expenses as may be determined by the Mayor and Common Council, and such
Tax will be secured by recordation of a continuing lien against those properties that are
voluntarily included in CFD No. 1033 by the applicable property owner as nonexempt
real property in CFD No. 1033, which Tax will be annually levied solely within CFD
No. 1033 boundaries as the same may exist from year to year; and
WHEREAS, CFD No. 1033 shall be divided into zones depending upon the type
of use of the land as may be recommended by the City Engineer in the Engineer's
Report described herein; and
WHEREAS, pursuant to the estimated project cost report as shall be made
available from the City Engineer prior to the time of the formation of CFD No. 1033
setting forth projected costs, expenses and assessments for CFD No. 1033 for the initial
year of operation of the Verdemont Fire Station (the "Estimated Cost Report"), it is
presently estimated that the cost for the first year of O&M Expenses is $1,525,000 and
for which the Tax shall be assessed against all real property as may then be placed
within the boundaries of CFD No. 1033 in the following manner:
(a) Residential Zone: $350.00 per
dwelling unit per year whether single family or multi -family unit and such rate
shall be subject to an increase not to exceed 2% annually;
(b) Commercial, Retail, Office Zone: $2,445.00 per acre
per year of development area as set forth in the site plan or parcel map, and such
rate shall be subject to an increase not to exceed 2% annually;
(c) Industrial Zone: $2,445.00 per acre
per year of development area as set forth in the site plan or parcel map, and such
rate shall be subject to an increase not to exceed 2% annually; and
WHEREAS, if during the first year or any year thereafter the Tax generates
sufficient funds to pay for the entire O&M Expenses and any portion of the O&M
Expenses are paid from sources other than the Taxes, the amount of such portion paid
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A
COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR
THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION
FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN
SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING
THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF
NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO. 1033)
Expenses are paid from sources other than the Taxes, the amount of such portion paid
from other sources of funds shall first be deducted from the total estimated O&M
Expenses and the Tax as levied shall be reduced to include only the remainder of the
O&M Expenses, as applicable; and
WHEREAS, it is anticipated that the City General Fund will be required to
subsidize a significant portion of the O&M Expenses of the Verdemont Fire Station as a
result of the number of the existing dwelling units and other existing commercial and
industrial development that will be served by the Verdemont Fire Station which
properties will not be included in CFD No. 1033 and for which there is no effective
means to collect the Tax from such properties that have previously been fully
developed; and
WHEREAS, in lieu of paying the Tax annually, a property owner seeking to
develop a parcel within CFD No. 1033 may pay a one time fee (the "In -Lieu Fee")
which fee shall be deposited into an interest bearing reserve account for future O&M
Expenses in the following amounts and for which a further explanation of the In -Lieu
Fee will be described in the Estimated Cost Report:
Residential Zone $6,349.88 per residential
dwelling unit an In -Lieu Fee
Commercial, Retail, Office Zone $44,358.47 per acre of
development as set forth on a site plan of development as an In -Lieu Fee
Industrial Zone $44,358.47 per acre of
development as set forth on a site plan of development as an In -Lieu Fee
WHEREAS, the Tax and the In -Lieu Fee shall be recalculated annually to
reflect (i) any changes in the O&M Expenses, (ii) the annexation of additional property
into CFD No. 1033, (iii) the payment of the O&M Expenses, or any portion thereof,
with funds other than the Tax, (iv) the amount of In -Lieu Fees available to be applied
for the applicable property for which the calculation is being made, and (v) any other
changes which may affect the estimated O&M Expenses for such year, except that in no
event shall the In -Lieu Fee be increased by more than 2% per year nor shall the Tax be
increased by more than 2% per year, based upon a cost inflation formula to be
computed in the Estimated Cost Report and the Engineer's Report and made a part of
the formation documents for CFD No. 1033, from the previous year for any property
located within CFD No. 1033 that was previously assessed and charged with the Tax in
the immediately preceding year; and
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A
COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR
THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION
FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN
SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING
THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF
NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO. 1033)
WHEREAS, in no event shall the Tax be increased in excess of the annual 2%
amount whether as a consequence of any delinquency or default by the owner of any
other parcels within CFD No. 1033 or due to the application of a annual inflationary
cost adjustment formula; and
WHEREAS, in no event shall the Tax against any parcel be increased as a
consequence of any delinquency or default by the owner of any other parcel or parcels;
and
WHEREAS, upon adoption of this Resolution of Intention the Mayor and
Common Council shall direct the City Administrator and the City Engineer to cause to
be prepared an Engineer's Report which shall include the following studies and
findings:
(a) complete a study of proposed CFD No. 1033 and for which there shall be
filed an Engineer's Report with the Mayor and Common Council prior to the time of the
public hearing setting forth the findings made therein;
(b) the Engineer's Report shall include a brief description of the services and
maintenance of public facilities and the operating costs thereof which will be provided
within CFD No. 1033 which shall be the estimated O&M Expenses and which will be
incurred as a result of providing the services which will, in the opinion of the City
officials preparing such Engineer's Report, be required to adequately meet the needs of
CFD No. 1033 for the next five (5) years;
(c) the Engineer's Report shall include an estimate of the cost of providing
for the O&M Expenses for the first five (5) years for each zone within CFD No. 1033,
including a brief explanation justifying the amount of the Tax for each zone type and
any increase or decrease thereof in subsequent years as well as the estimated In -Lieu
Fee that may be generated for each zone for all years evaluated in the Engineer's
Report; and
WHEREAS, in the event a Resolution of Formation is adopted pursuant to the
procedures set forth in the Act, then not less than 90 days nor more than 180 days from
the adoption of such Resolution of Formation, a special election of the qualified electors
of proposed CFD No. 1033 consisting of the vacant land intended to be initially placed
within CFD No. 1033 shall be held and the City Clerk shall prepare and distribute
ballots in accordance with Government Code Section 53326; and
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231
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A
COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR
THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION
FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN
SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING
THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF
NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO. 1033)
WHEREAS, the Tax shall continue until the earlier to occur of (i) the City
records a Notice of Cessation of Special Tax pursuant to Section 53330.5 of the
Government Code or (ii) the fiscal tax year ending June 30, 2034, after which no further
Special Tax shall be collected, except for a Special Tax that was levied prior to the final
tax year that remains delinquent which may be collected in subsequent years.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED
BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, AS FOLLOWS:
Section 1. The above Recitals are true and correct in all respects and are
incorporated herein by reference.
Section 2. The Mayor and Common Council hereby intend to establish a
community facilities district and to levy and collect special taxes within Community
Facilities District No. 1033 in accordance with Government Code Section 53311, et
seq., which provides for the formation of a Mello -Ross community facilities district for
the maintenance and operation of the Verdemont Fire Station.
Section 3. In accordance with Government Code Section 53321 the name of
the proposed community facilities district shall be known and designated as
"Community Facilities District No. 1033".
Section 4. It is the intention of the City Council to provide for the purchase,
construction, expansion or rehabilitation of certain real or other tangible property with
an estimated useful life of five (5) years or longer, which is necessary to provide a
continued fire protection service within the Verdemont Area as new development
continues to occur in areas northerly of existing fire station service areas, and that such
new development in the Verdemont Area, and not existing development, shall be
required to pay for the costs of the operations and maintenance of the Verdemont Fire
Station.
Section 5. The Mayor and Common Council hereby find and determine that all
of the parcels of land within the boundaries of proposed CFD No. 1033 will be
benefited by the public facilities and services herein proposed.
Section 6. Notice is hereby given that, in the opinion of the Mayor and
Common Council, the public interest will not be served by allowing the property
owners to enter into a contract for the construction of public facilities and
improvements, as otherwise permitted by Government Code Section 53329.5.
4821-2602-2400.1 6
2004-104
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A
1 COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR
THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION
2 FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN
3 SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING
THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF
411 NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO. 1033)
5
Section 7. It is the intention of the Mayor and Common Council to pay for such
6 public facilities and services as herein described pursuant to the Act and that, except to
7 the extent that funds of CFD No. 1033 are otherwise available to pay for such facilities,
a special tax sufficient to pay the cost thereof will be levied annually within proposed
8 CFD No. 1033 and collected in the same manner as ordinary ad valorem property taxes,
secured by recordation of a continuing lien against all non-exempt property in CFD No.
9 1033, in accordance with the herein described rate and method of apportionment
developed pursuant to Government Code Section 53321.
Section 8. The levy of a special tax to pay for said public facilities and services
11 shall be subject to the approval of property owners of CFD No. 1033 at an election to be
12 held pursuant to Government Code Section 53326.
13 Section 9. The Mayor and Common Council hereby direct that a public hearing
14 be set regarding the establishment of CFD No. 1033 to take place on June 7, 2004,
which is not later than 60 days from the date of adoption of this Resolution, and that the
15 City Clerk publish notice of such hearing in accordance with Government Code Section
53322.
16
Section 10. That notice of the time and place of the public hearing shall be
17 given by the City Clerk in the following manner:
18 a. The City Clerk is hereby authorized and directed to cause a Notice of
19 Public Hearing in form attached hereto as Exhibit `B" and incorporated
herein by this reference (the "Notice of Public Hearing") to be published
20 in the legally designated newspaper of general circulation, being The
Sun, pursuant to Section 6061 of the California Government Code, with
21 said publication to be completed at least seven (7) days prior to the date
00set for the public hearing.
b. The City Clerk is hereby authorized and directed to cause the Notice of
Public Hearing to be mailed, postage prepaid, to each property owner
within the boundaries of proposed CFD No. 1033; 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 11. The proposed boundaries of CFD No. 1033 are hereby described as
shown on the map attached as Exhibit "A" which indicates by a boundary line the
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A
COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR
THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION
FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN
SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING
THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF
NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO. 1033)
extent of the territory included in proposed CFD No. 1033 and which shall govern for
all details as to the extent of CFD No. 1033, reference to such map being hereby made
for particulars. Said map contains the name of the City of San Bernardino and a
distinctive designation in words or by number of the district shown thereon.
Section 12. The City Clerk shall endorse certificates on the original and at least
one copy of said map evidencing the aforesaid filing and the date and adoption of this
Resolution, and within fifteen (15) days prior to said hearing, shall file a copy thereof
with the County Recorder of the County of San Bernardino, in which County all of said
proposed CFD No. 1033 is located. The County Recorder shall endorse on said copy of
said map the time and date of filing and shall fasten the same securely in a book of
maps of assessment and community facilities districts which he or she shall keep in his
or her office, and index such map by the name of the City of San Bernardino and by the
distinctive designation of the district as shown on such map.
Section 13. The adoption of this Resolution is not a project for purposes of
the California Environmental Quality Act ("CEQA"), pursuant to Kaufman and Broad -
South Bay. Inc. v. Morgan Hill Unified School District (1992) 9 Cal.App.4th 464.
Section 14. It is the intention of the Mayor and the Common Council to
establish an appropriations limit for proposed CFD No. 1033 pursuant to Government
Code Section 53325.7.
Section 15. Resolution No. 2003-361 is hereby repealed upon adoption of this
Resolution.
Section 16. This Resolution shall take effect upon adoption.
Section 17. The City Clerk shall certify as to the adoption of this Resolution and
shall cause the same to be processed in the manner required by law.
Section 18. The Mayor and Common Council acknowledge that within the
service area of the Verdemont Fire Station are located existing developments for which
the City General Fund will be responsible for the payment of the costs of the operations
of the Verdemont Fire Station for such existing developments, and that it has been
represented to the Mayor and Common Council, and subject to verification in the
Engineer's Report to be submitted prior to the public hearing, that all new development
reasonably anticipated to occur within the service area of the Verdemont Fire Station
will be the sole factor creating the service demands for the Verdemont Fire Station and
further that the provisions of CFD No. 1033 and the levy of the Tax or the payment of
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A
COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR
THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION
FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN
SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING
THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF
NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO. 1033)
the In -Lieu Fee shall apply to all such new development and not to any existing
development within the service area of the Verdemont Fire Station.
<fiN6!G9YbkPUx1
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A
COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR
THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION
FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN
SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING
THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF
NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO. 1033)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
joint regular meeting thereof, held on the 19th day of
April , 2004, by the following vote, to wit:
Council Members:
AYES NAYS
ESTRADA
x
LONGVILLE
x
MCGINNIS
x
DERRY
x
KELLEY
x
JOHNSON
x
McCAMMACK
x
ABSTAIN ABSENT
2,-A,j h. C&,%
ity Clerk
The foregoing resolution is hereby approved this -2-1 sr _ day of
April 2004.
'L3 Approved as to
24 Form and legal content
25 JAMES F. ENMAN,
City At ey
26
27 1
By:
28II V
1 I
4821-2602-2400.1
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h Valles, Mayor
of San Bernardino
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EXHIBIT "A"
PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT
n
EXHIBIT "A"
COIMAlMW FACUM DM7R= NM 1033
%VtDOXW FM
SERM AREA 710N
IN THE aTY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CAUFORNIA
PAROM NO, OWNER
CITY PREVIW OOWNER JAPE Q BICE)
20 CITY OF SAN BERNARDINO
❑3 TENTARVE TRACT 15940 MONICA MORROW, ET AL
�4 TENTARYE TRACT iM57 COVENANT/OASIS SAN BERNARDINO. LLC
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EXHIBIT `B"
FORM OF NOTICE OF HEARING
NOTICE IS GIVEN THAT ON JUNE 7, 2004, AT THE HOUR OF 4:00 P.M., IN THE
REGULAR MEETING PLACE OF THE COMMON COUNCIL, BEING THE
COUNCIL CHAMBERS, CITY HALL, 300 NORTH "D" STREET, SAN
BERNARDINO, CALIFORNIA 92418, A PUBLIC HEARING WILL BE HELD
WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE ESTABLISHMENT
OF THE PROPOSED COMMUNITY FACILITIES DISTRICT, THE LEVY OF A
SPECIAL TAX IN CONNECTION THEREWITH, THE PROPOSED RATE AND
METHOD OF APPORTIONMENT OF THE SPECIAL TAX AND ALL OTHER
MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION, AND 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
ESTABLISHMENT OF CFD NO. 1033, THE EXTENT OF CFD NO. 1033 OR THE
FURNISHING OF THE SERVICES AND FACILITIES, WILL BE HEARD AND
CONSIDERED. ANY PROTESTS MAY BE MADE ORALLY OR IN WRITING.
HOWEVER, ANY PROTESTS PERTAINING TO THE REGULARITY OR
SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND
CLEARLY SET FORTH IN THE IRREGULARITIES AND DEFECTS TO WHICH
THE OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED
WITH THE CITY CLERK ON OR BEFORE THE TIME FIXED FOR THE PUBLIC
HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN IN WRITING AT
ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING.
IF WRITTEN PROTESTS AGAINST THE ESTABLISHMENT OF CFD NO.
1033 ARE FILED BY FIFTY PERCENT (50%) OR MORE OF THE REGISTERED
VOTERS, OR SIX (6) REGISTERED VOTERS, WHICHEVER IS GREATER,
RESIDING WITHIN PROPOSED CFD NO. 1033, OR OWNERS OF ONE-HALF
(1/2) OF THE AREA OF LAND PROPOSED WITHIN CFD NO. 1033, THE
PROCEEDINGS SHALL BE ABANDONED. IF SAID MAJORITY PROTEST IS
LIMITED TO CERTAIN SERVICES, FACILITIES OR SPECIAL TAX, THOSE
SERVICES OR FACILITIES OR THAT SPECIAL TAX SHALL BE ELIMINATED
BY THE COMMON COUNCIL.
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