Loading...
HomeMy WebLinkAboutCFD 88-1 - Reso RESOLUTION NO. 03-11-88 RESOLUTION OF THE BOARD OF DIRECTORS OF THE FOOTHILL FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, MAKING APPOINTMENTS IN A COMMUNITY FACILITIES DISTRICT WHEREAS, the BOARD OF DIRECTORS of the FOOTHILL FIRE PROTECTION DISTRICT, CALIFORNIA, (hereinafter referred to as the "legislative body of the local Agency"), desires to initiate proceedings to create a Community Facilities District pursuant to the terms and provisions of the "Msllo-Roos Co~mnunity Facilities Act of 1982", being chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California. This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 88-1 (hereinafter referred to as the "District"); and, WMEREAS, at this time, the legislative body is desirous of making the required appointments and designating persons to perform certain duties, in order to allow the proceedings to go forward to Completion in accordance with the provisions bf law. NOW, THEREFORE, BE IT RESOLVED as follows: Section 1. That the above recitals are all true and correct. Section 2. That throughout the course of these proceedings, the Board of · Directors of the Foothill Fire Protection District will be acting as the legislative body of CoRununity Facilities District No. 88-1, a legally constituted governmental entity as defined by Section 53317 of the Government Code of the State of California. Section 3. All regulatory rules of the Foothill Fire Protection District, including date, time and place of meetings, as well as notice requirements, shall be applicable for all proceedings conducted by this legislative body as the governing board of the Com~aunity Facilities District. Section 4. That the DAILY REPORT is hereby designated as the newspaper for all publications as required by law and as necessary for completion of thisDistrict. Section 5. That NBS/LOWRY is hereby appointed as the project Engineer for said proceedings, and said Engineer shall perform all of the duties and responsibilities as set forth in the existing consultant agreement by and between the Foothill Fire protection District and NBS/LOwry- Section 6. That DAVID TAUSSIG & ASSOCIATES, INC. is hereby appointed as the Special Tax Consultant for said proceedings, and as said Special Tax Consultant shall perform all of the duties and responsibilities as it relates to the establksh- ment of the rate and method of apportionment for the special tax for the District. Section 7. That FIELDMAN, ROLAPP & ASSOCIATES is hereby appointed to act as Financial Consultant for the purposes of assisting in the preparation of terms and conditions for sale of bonds to issue for said District. Section 8. That STONE & yOUNGBERG is hereby appointed to act as Underwriter for purposes of said proceedings and to submit a purchase agreement for the sale .of bonds, said final purchase agreement to be subject to approval by this legislatiwe body before any final sale of bonds. Section 9. That BROWN & DIVEN, Attorneys at Law, is hereby appointed to act as Bond Counsel for the purposes of preparing proceedings and issuing an approving opinion attesting to the validity of the proceedings and the enforceability of the bonds. Section 10. That there is hereby authorized and established a special revolv- ing fund designated by the name of the District. Available monies, including property owner advances, may be transferred to said fund to pay for current expenseS, as well as the acquisition and construction of facilities, incluginq en~ineerin~ services, and said fund ~hall be reimbursed from tax revenues other monies available from said District or from other contribution fundS- ., 1988. ADOPTED on ~he ~0nd day of (SEAL) STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) I, L. DENNIS MICHAEL, secretary of the Board of Directors of the Foothill Fire Protection District DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 03-11-88 , was duly adopted by the ~Board of Directors of said District at a duly called and conducted meeting of said Board held on the 22nd day of November 1988, and that it was so adopted by the f~llowing vote: AYES: Alexander, Amodt, £ggleston, Latipow, Lyons NOES: None [SEAL] RESOLUTION NO. 04-11-88 RESOLUTION OF THE BOARD OF DIRECTORS OF THE FOOTHILL FIRE .PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, ADOPTING BOUNDARY MAP SHOWING PROPERTIES AND LAND TO BE SERVED BY CERTAIN PUBLIC CAPITAL FACILI- TIES AND SERVICES IN A COMMUNITY FACILITIES DISTRICT WHEREAS, the BOARD OF DIRECTORS of the FOOTHILL FIRE PROTECTION DISTRICT, CALIFORNIA, (hereinaf%er referred to as the "legislative body of the local Agency'S), desires to initiate proceedings to create a Coramunity Facilities District pursuant to the terms and provisions of the "Mello-Roos Con~nunity Facilities Act of 1952", being Chapter 2.5, Part 1, Division 2, Title 5 Of the Government Code of the state of california. This Come, unity Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 88-1 (hereinafter referred to as the "District"); and, WHEREAS, there has been submitted a map showing the properties and parcels of land proposed to be subject to a special tax to be levied within the above- referenced District. NOW, THEREFORE, BE IT RESOLVED as follows: Section 1. That the above recitals are all true and correct. section 2. That the map designated as "BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 88-1", showing the properties and parcels of land to be subject to a special tax to be levied within the above-referenced District is hereby approved and adopted. Section 3. A certificate shall be endorsed on the original and on at least one (1) copy of the map of the District, egidencing the date and adoption of this Resolu- t'ion, and within fifteen (15) days after the adoption of the Resolution fixing the time and place of the hearing on the formation or extent of said District, a copy of said map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and form provided for in Sections 3110 and 3111 of the Streets and Highways Code of the State of California- ADOPTED on the 22nd day of November , 1988. C~~; ---Secreta-ry / t~/ (SEAL) STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN BERNARDINO ) I, L. DENNIS MICHAEL, Secretary of the Board of Directors of the Foothill Fire Protection District DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 04-11-88 , was duly adopted by the Board of Directors of said District at a duly called and conducted meeting of said Board held on the 22nd day of November , 1988, and that it was so adopted by the following vote: AYES: Alexander, Amodt, Eggleston, Latipow, Lyons NOES: None ABSENT: None [SEAL] RESOLUTION NO. 05-11-88 RESOLUTION OF THE BOgRD O~ DIRECTORS OF THE FOOTHILL FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH A CO~4UNITY FACILITIES DISTRICT AND TO LEVY A SPECIAL TAX WITHIN SAID COMMUNITY FACILITIES DISTRICT WHEREAS, the BOARD OF DIRECTORS of the FOOTHILL FIRE PROTECTION DISTRICT, CALIFORNIA, (hereinafter referred to as the .,legislative body of the local Agencs,"), at this time is desirous to initiate proceedings to create a 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. This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 88-1 (herei~- after referred to as the "District"); and, WHEREAS, this legislative body is now required to proceed to adopt its Resolu- tion of Intention to initiate proceedings for the establishment of said District, to set forth the boundaries for maid District, indicate the type of public facilities and services to be provided, indicate the rate and apportionment of a special tax sufficient to pay for all such facilities and services, and set a time and place for a public hearing relating to the establishment of said District; and, WHEREAS, at any time before or after the formation of the District, this legis- lative body may accept advances of funds and/or work in kind from any source; however, no reimbursement and/or repayment shall be made for said advances until expressly set forth by agreement and/ct Resolution of this legislative body setting forth the amount, terms and conditions for any reimbursement and/or repayment; and, WHEREAS, a map of said District has been submitted showing the boundaries and properties to be included within said District. NOW, THEREFORE, BE IT RESOLVED as follows: RECITALS section 1. That the above recitals are all true and correct. iNITIATION OF pRocEEDINGS section 2. That these proceedings are initiated by this legislative body pursuant to the authorization of Section 53318 of the Government code of the State of california- BOUNDARIES OF DISTRICT section 3. It is the intention of this legislative body, pursuant to the terms and provisions of the -Mello-RooS community Facilities Act of 1982", to establish a community Facilities District, and to determine the boundaries and parcels which will be serviced by the public facilities and services and on which special taxes may be levied in order to pay the cost and expenses for said public facilities and services. A description of the boundaries of territory proposed to be included in the District is as follows: Ail that property to be served by the installation of the capital facilities and providing of services, as said property is shown on a maR as previously approved by this legislative body, said map designated by the name of this community Facilities District, a copy of which is on file in the office of the Secretary and shall remain open for public inspection. NAME OF DISTRICT section 4. The name of the proposed Community Facilities District to be estab- lished shall be known and designated as cOMMUNITY FACILITIES DISTRICT NO. 88-1. DESCRIPTION OF FACILITIES Secction 5. That it is the intention of this legislative body 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. A general description of the public capital facilities to be provided is as follows: The construction of a fire station, together with appurtenances and appurtenant work, including acquisition where necessary. For further particulars and details, reference is made to the file entitled "FOOTHILL FIRE PROTECTION DISTRICT, cOMMUNITY FACILITIES DISTRICT NO. 88-1, DESCRIPTION OF FACILITIES", which is hereby approved and incorporated herein, and a copy of which is on file in the office of the Secretary. For all particulars, reference is made to said approved file. The facilities, as above-described, are facilities which this legis- lative body is authorized by law to contribute revenue to or to construct, own or operate. It is hereby further found and determined that the proposed facilities are necessary to meet the demands and needs of this local Agency. SPECIAL TAX Section 6. That is is hereby further proposed that, except where funds are otherwise available, a special tax sufficient to pay for said facilities, services and related incidental expenses authorized by the Act will be levied annually within the boundaries of said District- For particulars as to the rate and method of apportionment of the proposed special tax, 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 proposed District to clearly estimate the probable annual amount and the maximum annual amount that sai~ person will have to pay for said facilities and services. The legislative body hereby further authorizes the early discharge and prepayment of any special taxes and specific terms and conditions relating to the prepayment of any special tax shall be set forth by Resolution of this legisla- tive body prior to any authorization for issuance of bonds, and said prepayment allowance is not applicable for any special taxes relating to additional services. The special taxes herein authorized shall be collected in the sams manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. SERVICES Section 7. That it is the further intention of this legislative body to provide certain services that are in addition to those provided in the territory of the District and will not be replacing services already available. A general description of the services to be provided ia as follows: Fire protection and suppression services (including emregency medical service and such other services as the Foothill Fire Protection District may be authorized by law to provide) which are in addition to the extent to which said services are currently provided to the territory within the proposed District. The costs of said services shall include all expenses incurred in providing such additional services, including administration, manning, operating and maintenance of the fire station and related equipment. PUBLIC HEARING Section 8. NOTICE IS GIVEN THAT ON THURSDAY, THE 22ND DAY OF DECEMBER, 1988, AT THE HOUR OF 7:00 O'CLOCK PIM., IN THE SPECIAL MEETING PLACE OF THE LEGISLATIVE · BODY, LOCATED AT Lions Park Community Center, 9161 Baseline Road~ Rancho Cucamonga , A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE ESTABLISHMENT OF THE PROPOSED COMMUNITY FACILITIES DISTRICT, THE pROPOSED METHOD AND APPORTIONMENT OF THE SPECIAL TAX, 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 ESTABLISHMENT OF THE DISTRICT, THE EXTENT OF THE DISTRICT, 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 THE IRREGULARITIES AND DEFECTS TO WHICH THE OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE SECRETARY OF THE LEGISLATIVE BODY ON OR BEFORE THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS M~Y BE WITHDBJkWN IN WRITING AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. IF WRITTEN PROTESTS AGAINST THE ESTABLISHMENT OF THE DISTRICT ARE FILED BY FIFTY PERCENT (50%) OR MORE OF THE REGISTERED VOTERS, OR SIX (6) REGISTERED VOTERS, WHICHEVER IS GREATER, RESIDING WITHIN THE PROPOSED DISTRICT, OR OWNERS OF ONE-HALF (1/2) OR MORE OF THE AREA OF LAND PROPOSED WITHIN THE DISTRICT, THE PROCEED- INGS SHALL BE ABANDONED. IF SAID MAJORITY PROTEST IS LIMITED TO CERTAIN SERVICES, FACILITIES OR SPECIAL TAX, THOSE SERVICES OR FACILITIES OR THAT TAX SHALL BE ELIMINATED BY THE LEGISLATIVE BODY. · ELECTION Section 9. If, following the public hearing described in the Section above, the legislative body determines to establish the District and proposes to levy a special tax within the District, the legislative body shall then submit the levy of the special taxes to the qualified electors of the District. If at least twelve (12) parsons, who need not necessarily be the same twelve (12) persons, have been registered to vote within the District for each of the ninety (90) days preceding the close of the subject hearing, the vote shall be by registered voters of the District, with each voter having one (1) vote. Otherwise, the'vote shall be by the landowners of the District who were the owners of record at the close of the subject hearing, with each landowner having one (1) vcte for each acre or portion of an acre of land owned within the District. A successful election relating to the special tax authorization shall, as applicable, estaDlish and/or change the appropriations limi~ as authorized by Article XIIIB of the california Constitution as it is applicable to this District. NO PRIVATE CONTRACT Section 10. This legislative body hereby finds a~d determines that the public interest will not be served by allowing the property owners of 3/4's of the area to make an election to take over and perform any works of improvement pursuant to a contract awarded by this legislative body. This finding does not prohibit the property owners from directly entering into a contract to perform and construct certain of the works of improvement. NOTICE Section 11. That notice of the time and place of the public hearing shall be given by the Secretary in the following manner: A. A Notice of Public Hearing shall be published in the legally designated newspaper of general circulation, being the DAILY REPORT, said publica- tion 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. B. A Notice of Public Hearing shall be mailed, postage prepaid, to each property owner and registered voter within the boundaries of the proposed District; 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. ENVIRONMENTAL REVIEW Section ~2. Ail environmental evaluation proceedings as required by the California Environmental Quality Act relating to the establishment and formation of this District shall be completed prior to the date and time set for the public hearing. ADOPTED un the 22nd day of November 1988. ATTEST: · / Secretary {SEAL) STATE OF CALIFORNIA COUNTY OF SA~ BERNARDINO I, L. DENNIS MICHAEL, Secretary of the Board of Directors of the Foothill Fire Protection District DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 05-11-88 , was duly adopted by the Board of Directors of said District at a duly called and conducted meeting of said Board held on the 22nd day of November , 1988, and that it was so adopted by the following vote: AYES: Alexander, Amodt, Eggleston, Latipow, Lyons NOES: None ABSENT: None / Secretary/~~ [SEAL] FOOTHILL FIRE PROTECTION DISTRICT cOM}4UX~Y FACILITIES DISTRICT NO. 88-1 EXHIBIT The Resolution of Intention refers to this Exhibit for an explanation of the rate and method of apportionment of the Special Tax so as tm allow each landowner or resident within the proposed Community Facilities District to estimate the maximum annual amount that would be required for payment for such landowner's or resident's property. PROPERTY CATEGORIES There are three categories of property subject to special taxation, which are identified as follows: 1. DEVELOPED PROPERTY All property identified as a single Tax Assessor's parcel for which property a building permit has been issued as of May 31 of any year. 2. APPROVED PROPERTY All property which of as May 31 of any year is subject to an approved Development Agreement with either the city of Rancho Cucamonga or the County of San Bernardino, an approved Annexation Agreement with the City of Rancho Cucamonga, or a recorded Final Subdivision Map or Final Parcel Map, but for which no building permit has b~en issued. 3. VACANT PROPERTY All other property, excluding property which, as of the date of the election to authorize the levy of the Special Tax, is: (i) owned by a public entity; (ii) owned by a regulated public utility and being utilized for transmission or distribution purposes; or (iii) zoned as open space. · TAXING CLASSIFICATIONS AND MAXIMUM SPECIAL TAX RATES The taxing classifications for the above Property Categories and the maximum autho- rized Special Tax rates for fiscal year 1988-1989 are as follows: TAXING CLASSIFICATION MAXIMUM TAX RATE 1. DEVELOPED PROPERTY A. Residential class I $ 292 per year {More than 3,590 square feet of dwelling unit living area) * TAXING CLASSIFICATION MAXIMUM TAX RATE B. Residential Class II $ 225 per year (3,077-3,589 square feet of dwelling unit living area) * C. Residential Class III $ 180 per year (2,564-3,076 square feet of dwelling unit living area) * D. Residential Class IV $ 157 per year (2,308-2,563 square feet of dwelling unit living area) ~ E. Residential Class V $ 135 per year (2,051-2,387 square feet of dwelling unit living area} * F. Residential Class VI $ 124 per year (1,795-2,050 square feet of dwelling unit living area) * G. Residential Class VII $ 112 per year (Less than 1,795 square feet of dwelling unit living area) * H. Commercial or industrial property $ 449 per acre per year, or $0.04 per square foot of build-. ing area, whichever is greater, per year ** 2. APPROVED PROPERTY All Approved Property $200 per lot or parcel per year 3. VACANT PROPERTY All Vacant Property $10 per acre per year *** The square footage of dwelling unit living area shall mean the square footage of internal living space, exclusive of garages and other structures not used as living space, as shown on the building permit(s} issued for the dwelling unit. The square footage of a commercial or industrial building area shall mean the gross square footage for the building as reflected in the building plans upon which any building permits for the building were issued. The acreage of a Vacant Property shall be the gross acreage exclusive of any acreage dedicated or offered for dedication to a public agency. E$C/kI~T]ON OF ~d~XIMUM SPECI~L T/~[ P~_TES The mazimum annual Special Tax rates applicable to all Developed Property shall be subject to escalation each July 1 commencin9 July 1, 1989, by the change factor calculated annually by the State of California Department of Finance for the purpose of increasing appropriations limits of state and local 9overnments- In the eqent that the Department of Finance or its successor ceases to calculate the annual change factor, such Special Tax rates shall be subject to annual escalation not to exceed the increase in the Consumer Price Index as published by the Bureau of Labor Statistics for the Los Angeles primary Metropolitan Statistical Area for the preced- ing twelve (12) month reporting period. The maximum Spec~at Tax rates applicable t~, al! Approved Property and Vacann Property shall not be subject to escalation. METHOD OF APPORTIONMENT OF SPECIAL TAX The Special Tax shall be levied annually on all taxable property within one of the above identified Property Categories so long as Special Tax revenues are necessary to pay authorized expenses of the Community Facilities District, which may include, without limitation, payment of debt service on any bonded indebtedness of the Commu- nity Facilities District; replenishment of any required reserve fund for any such bonded indebtedness; funding of any required sinking fund necessary to pay for future public improvements, services or debt service; .direct payment for public improvements; or payment of the operational and maintenance expenses of providing fire suppression and protection services to properties within the Community Facili- ties District. The annual levy of the Special Taxes shall be apportioned as follows: STEP 1: Fifty percent (50%) of the estimated ad valorem property tax revenue to be collected from properties within the Community Facilities District in the subject fiscal year which are allocable to the Foothill Fire Protection District shall be allocated to pay the estimated expenses of the Community Facilities District for the subject fiscal year. The remainder of the estimated expenses shall be referred ~o as the Net CFD Expenses. STEP 2: That equal percentage of the maximum authorized Special Tax rate applic- able to all Developed Property Taxing Classifications necessary to generate Special Tax revenues equal to the Net CFD Expenses shall be levied on all Developed Property. STEP 3: If additional Special Tax revenues are still necessary to generate the Net CFD Expenses, that percentage of the maximum authorized Special Tax rate applicable to all Approved Property necessary to generate the additional Special Tax revenues to equal Net CFD Expenses shall be levied on Approved Property. STEP 4: If additional Special Tax revenues are still necessary to generate the Net CFD Expenses, that percentage of all the maximum authorized Special Tax rate applicable to all Vacant Property necessary to generate the addi- tional Special Tax revenues to equal Net CFD Expenses shall be levied on all Vacant Property. STEP 5: If additional Special Tax revenues are still necessary to generate the Net . ,~' ~ District shall: A. Compare (i) the Special Tax rate which would be levied on each Developed Property pursuant to STEP 2 above with (ii) the product resulting from multiplying the e~uare footage of the Developed property times the Base Maximum Special Tax. The Base Maximum Special Tax means an amount equal to $0.0025 per square foot subject to escalation at the same rate and at the same time applicable to the If the product described in (ii) above exceeds the Special Tax rate described in {i) above for any Developed Property, the Community Facilities Distr~ct shall increase the Special Tax rate levied on each such Developed property in equal percentages up to the rate not to exceed the product described in (ii) above necessary to generate the additional Special Tax revenues to equal Net CED Expenses. Notwithstanding the foregoing, the minimum Special Tax which Shall be levied on all taxable properties within the community Facilities District each Fiscal year shall DEVELOPED PROPERTY: $ 1.00 per dwelling unit for residential uses $ 1.00 per acre for commercial/industrial uses APPROVED PROPERTY: $ 1.00 per lot or parcel VACANT PROPERTY: $ 1.00 per acre The ad valorem property tax contribution identified in Step 1 shall be reduced in any Fiscal Year by the amount by which the sum of such contribution and the minimum Special Taxes would exceed the estimated expenses of the community Facilities District for such Fiscal Year. The "Report" of the Special Tax Consultant, to be approved as a part of the record upon the conclusion of the public hearing pertaining to the formation of the Community Facilities District, shall set forth supplementary details pertaining to the Rate and Method of Apportionment of the Special Tax and shall provide controlling guidance in the interpretation and implementation of this Rate and Method of Apportionment- RESOLUTION NO. 06-1!-88 RESOLUTION OF THE BOARD OF DIRECTORS OF THE FOOTHILL FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, ORDERING AND DIRECTING THE PREPARATION OF A "REPORT" FOR A COMMUNITY FACILITIES DISTRICT WHEREAS, the BOARD OF DIRECTORS of the FOOTHILL FIRE PROTECTION DISTRICT, CALIFORNIA, (hereinafter referred to as the "legislativ~ body of the local Agency"), has declared its intention to initiate proceedings to create a Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Co,unity Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California. This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 88-1 (herein- after referred to as the "District"); and, WHEREAS, this legislative body directs, pursuant to the provisions of Section 53321.5 of the Government Code of the State of California, the preparation of a "Report" to provide more detailed information relating to the proposed District, ~he proposed services, public facilities and estimate of cost. NOW, THEREFORE, BE IT RESOLVED as~follows: Section 1. That the above recitals are all true and correct. Section 2. That DAVID TAUSSIG & ASSOCIATES, the appointed SPECIAL TAX CONSULTANT, is hereby directed and ordered to prepare a "Report" to be presented to this legislative body, said "Report" to contain further information and data regarding a description of the services to be provided and public facilities required to meet the needs of the District, further data and information regarding the estimate of the cost for providing said services and facilities, and any further data relating to the rate or method of apportionment of the special tax. Said "Report" shall further contain any other material that is related to the proposed services, public facilities or District. Section 3. Said "Report", upon its preparation, shall be submitted to this legislative body for review, and said "Report" shall be made a part of the record of the public hearing on the Resolution of Intention to establish said District. ADOPTED on the 22nd day of November , 1988. ATTEST: / ~ J ~cretary / ~/ (SEAL) STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) I, L. DENNIS MICHAEL, Secretary of the Board of Directors of the Foothill Fire Protection District DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 06-11-88 was duly adopted by the Board of Directors of said District at a duly called and conducted meeting of said Board held on the 22nd day of November , 1988, and that it was so adopted by the following vote: AYES: Alexander, Amodt, Eggieston, Latipow, Lyons NOES: None ABSENT: Nons [SEAL] RESOLUTION NO. 07-1i-88 RESOLUTION OF THE BOARD OF DIRECTORS OF THE FOOTHILL FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, DECLARING INTENTION TO ISSUE BONDS SECURED BY SPECIAL TAXES TO PAY FOR CERTAIN FACILITIES IN A COMMUNITY FACILITIES DISTRICT WHEREAS, the BOARD OF DIRECTORS of the FOOTHILL FIRE PROTECTION DISTRICT, CALIFORNIA, (hereinafte~ referred to as the "legislative body of the local Agency"), has declared its intention to order the establishment of a Community Facilities District for certain public facilities 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 stats of California, commencing with Section 53311. This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 88-1 (hereinafter referred to as the "District"); and, WHEREAS, it is the intention of this legislative body to finance all or a portion of said facilities through the issuance of bonds, said bonds to be secured by special taxes, all as authorized pursuant to said "Mello-Roos Canumunity Facili- ties Act of 1982". NOW, THEREFORE, BE IT RESOLVED as follows: Section 1. That the above recitals are all true and correct. Section 2. That this legislative body declares that the public convenience and necessity requires that a bonded indebtedness be incurred to finance all or a portion of certain public facilities as proposed for the designated District· Section 3. That the purpose for the proposed debt is generally described as follows: To finance the construction of a fire station, together with appur- tenances and appurtenant work, including acquisition where necessary. For further particulars and details, reference is made to the file entitled "FOOTHILL FIRE pROTECTION D'ISTRICT, COMMUNITY FACILITIES DISTRICT NO. 88-1, DESCRIPTION OF FACILITIES", which is hereby approved and incorporated herein, and a copy of which is on file in the Office of the Secretary. For all particulars, reference is made to said approved file. Section 4. That the amount of the proposed bonded indebtedness, including the cost of public capital facilities, together with all incidental expenses and costs of financing, shall not exceed $3,300,000.00. Section 5. NOTICE IS GIVEN THAT ON THURSDAY, THE 22ND DAY OF DECEMBER, 1988, AT THE HOUR OF 7:00 O'CLOCK P.M., IN THE SPECIAL MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE LIONS PARK COMMUNITY CENTER, 9161 BASELINE ROAD, RANCHO CUCAMONGA, CA, A PUBLIC HEARING WILL BE HELD ON THE INTENTION OF THIS LEGISLATIVE BODY TO INCUR A BONDED INDEBTEDNESS TO FINANCE PUBLIC FACILITIES IN THE COMMUNITY FACILITIES DISTRICT BY THE LEVY OF A SPECIAL TAX. AT THE TIME AND PLACE FIXED FOR SAID PUBLIC HEARING, ANY PERSONS INTERESTED, INCLUDING PERSONS OWNING PROPERTY WITHIN TEE AREA, MAY APPEAR AND PRESENT ANY MATTERS RELATING TO THE PROPOSED INTENTION AND NECESSITY FOR INCURRING THE THE BONDED INDEBTEDNESS WHICH WILL PAY FOR ALL OR A PORTION OF THE pROPOSED PUBLIC FACILITIES AND WHICH WILL BE SECURED BY A SPECIAL TAX TO BE LEVIED WITHIN SAID COMMUNITY FACILITIES DISTRICT. Section 6. That notice of the time and place of the public hearing shall be given by the Secretary in the following manner: A. A Notice of Public Hearing shall be published in the legally designated newspaper of general circulation, being the DAILY REPORT, said publica- tion pursuant to Section 6061 of the Government Code, with said publication to be completed at least seven (7) days prior to the date set fgr the public hearing. B, A Notice of Public Hearing shall be mailed, postage prepaid, to each property owner and registered voter within the boundaries of the proposed District; 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. ADOPTED on the 22nd day of November , 1988. ATTEST: ~ / secret~ry/ ' ~ (SEAL) STATE OF CALIFORNIA ss. COUNTY OF SAN ~ER[~ARDINO I, L. DENNIS MICHAEL, Secretary of the Board of Directors of the Foothill Fire Protection District DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 07-11-88 , was duly adopted by. the Board of Directors of said District at a duly called and conducted meeting of said Board held on the 22nd day of November , 1988, and that it was so adopted by the following vote: AYES: Alexander, Amodt, Eggleston, Latipow, Lyons NOES: None ABSENT: None [SEAL] ]PUBLICATION] NOTICE Or PUBLIC HEARING ON INTENTION TO INCUR BONDED INDEBTEDNESS NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING HAS BEEN SCHEDULED FOR THE 22ND DAY OF DECEMBER, 1988, AT THE HOUR OF 7.00 O'CLOCK P.M., IN THE SPECIAL MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE LIONS PARK COMMUNITY CENTER, 9161 BASELINE ROAD, RANCHO CUCAMONGA, CA, AT WHICH TIME THE LEGISLATIVE BODY OF THE FOOTHILL FIRE PROTECTION DISTRICT WILL HEAR ALL EVIDENCE AND TESTIMONY BY ALL INTERESTED PERSONS, PROPERTY OWNERS, VOTERS AND TAXPAYERS, REGARDING THE ISSUANCE OF BONDS SECURED BY A SPECIAL TAX TO PAY FOR CERTAIN PUBLIC FACILITIES WITHIN A COMMUNITY FACILITIES DISTRICT. FOR PARTICULARS, REFERENCE IS MADE TO THE RESOLUTION AS SET FORTH BELOW: RESOLUTION NO. 07-11-88 RESOLUTION OF THE BOARD OF DIRECTORS OF THE FOOTHILL FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, DECLARING INTENTION TO ISSUE BONDS SECURED MY SPECIAL TAXES TO PAY FOR CERTAIN FACILITIES IN A COMMUNITY FACILITIES DISTRICT WHEREAS, the BOARD OF DIRECTORS of the FC~DTHILL FIRE PROTECTION DISTRICT, CALIFORNIA, (hereinafter referred to as the "legislative body of the local Agency"), has declared its intention to order the establishment of a Community Facilities District for certain public facilities pursuant to the terms and provisions of the "Mello-Roos Co~umunity Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, commencing with Section 53311. This Co,unity Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 88-1 (hereinafter referred to as the "District"); and, WHEREAS, it is the intention of this legislative body to finance all or a portion of said facilities through the issuance of bonds, said bonds to be secured by special taxes, all as authorized pursuant to said "Me!lo-Roos Community Facili- ties Act of 1982". NOW, THEREFORE, BE IT RESOLVED as follows: Section 1. That the above recitals are all true and correct. Section 2. That this legislative body declares that the public ~onvenience and necessity requires that a bonded indebtedness be incurred to finance all or a portion of certain public facilities as proposed for the designated District. Section 3. That the purpose for the proposed debt is generally described as follows: To finance the construction of a fire station, together with appur- tenances and appurtenant work, including acquisition where necessary. For further particulars and details, reference is made to the file entitled "FOOTHILL FIRE PROTECT/ON DISTRICT, COMMUNITY FACILITIES DISTRICT NO. 88-1, DESCRIPTION OF FACILITIES", which is hereby approved and incorporated herein, and a copy of which is on file in the Office of the Secretary. For all particulars, reference is made to said approved file. Section 4. That the amount of the proposed bonded indebtedness, including the cost of public capital facilities, together with all incidental expenses and co~ts of financing, shall not exceed $3,300,000.00. Section 5. NOTICE IS GIVEN THAT ON THURSDAY, THE 22ND DAY OF DECEMBER, 1988, AT THE HOUR OF 7:00 O'CLOCK P.M., IN THE SPECIAL MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE LIONS PARK COMMUNITY CENTER, 9161 BASELINE ROAD, RANCHO CUCAMONGA, · ~CA, A PUBLIC HEARING WILL BE HELD ON THE INTENTION OF THIS LEGISLATIVE BODY TO I~CUR A BONDED INDEBTEDNESS TO FINANCE PUBLIC FACILITIES IN THE COMMUNITY FACILITIES DISTRICT BY THE LEVY OF A SPECIAL TAX. AT THE TIME AND PLACE FIXED FOR SAID PUBLIC HEARING, ANY PERSONS INTERESTED, INCLUDING PERSONS OWNING PROPERTY WITHIN THE AREA, MAY APPEAR AND PRESENT ANY MATTERS RELATING TO THE PROPOSED INTENTION AND NECESSITY FOR INCURRING THE THE BONDED INDEBTEDNESS WHICH WILL PAY FOR ALL OR A PORTION OF THE PROPOSED PUBLIC FACILITIES A/~D WHICH WILL BE SECURED BY A SPECIAL TAX TO BE LEVIED WITHIN SAID COMMUNITY FACILITIES DISTRICT. Section 6. That notice of the time and place of the public hearing shall be given by the Secretary in the following manner: A. A Notice of Public Hearing shall be published in the legally designated newspaper of general circulation, being the DAILY REPORT, said publica- tion pursuant to Section 6061 of the Government Code, with said publication to be completed at least Geven (7) days prio~ to the date set ~or the public hearing. B. A Notice of Public Hearing shall be mailed, postage prepaid, to each property owner and registered voter within the boundaries of the proposed District; 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. ADOPTED on the 22nd day of November , 1988. ATTE ST: Secretary (SEAL) STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) I, L. DENNIS MICHAEL, Secretary of the Board of Directors of the Foothill Fire Protection District DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 07-11-88 , was duly adopted by the Board of Directors of said District at a duly called and conducted meeting of said Board held on the 22nd day of November , 1988, and that it was 'so adopted by the following vote: AYES: Alexander, Amodt, Eggleston, Latipow, Lyons NOES: None ABSENT: None [SEAL] [PUBLICATION) NOTICE OF PUBLIC HEARING O~ INTENTION TO FORM COMMUNITY FACILITIES DISTRICT AND AUTHORIZE SPECIAL TAX NOTICE IS HEREBY GIVE~ THAT A PUBLIC HEARING HAS BEEN SCHEDULED FOR THE 22ND DAY OF DECEMBER, 1988, AT THE HOUR OF 7:00 O'CLOCK P.N., IN THE SPECIAL MEETING PLACE OF THE LEGISLATIVE BODY, LOCATED AT 916i Baseline Road, Rancho Cucamonga AT WHICH TIME THE LEGISLATIVE BODY OF THE FOOTHILL FIRE PROTECTION DISTRICT W1LL HEAR ALL EVIDENCE AND TESTIMONY BY ALL INTERESTED PERSONS, PROPERTY OWNERS, VOTERS AND TAXPAYERS, RELATING TO THE ESTABLISHMENT OF A COMMUNITY FACILITIES DISTRICT FOR THE pURPOSE OF PROVIDING PUBLIC FACILITIES TO BE FINANCED THROUGH THE LEVY OF A SPECIAL TAX. FOR PARTICULARS, REFERENCE IS MADE TO THE RESOLUTION OF INTENTION AS SET FORTH BELOW: RESOLUTION NO. 05-11-88 RESOLUTION OF THE BOARD OF DIRECTORS OF THE FOOTHILL FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO LEVY A SPECIAL TAX WITHIN SAID COMMUNITY FACILITIES DISTRICT WHEREAS, the BOARD OF DIRECTORS of the FOOTHILL FIRE PROTECTION DISTRICT, CALIFORNIA, (hereinafter referred to as the "legislative body of the local Agency"}, at thin time is denirous to initiate proceedings to create a Community Facilities District purnuant to the terms and provinionn of the "Mello-Roon Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California. This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NC. 88-1 (herein- after referred to as the "District"); and, WHEREAS, this legislative body is now required to proceed to adopt its Resolu- tion of Intention to initiate proceedings for the establishment of said District, ts set forth the boundaries for said District, indicate the type of public facilities and services to be provided, indicate the rate and apportionment of a special tax sufficient to pay for all such facilities and services, and set a time and place for a public hearing relating to the establishment of said District; and, WHEREAS, at any time before or after the formation of the District, this legis- lative body may accept advances of funds and/or work in kind from any source; however, no reimbursement and/or repayment shall be made for said advances until expressly set forth by agreement and/or Resolution of this legislative body setting forth the amount, terms and conditions for any reimbursement and/or repayment; and, WHEREAS, a map of said District has been submitted showing the boundaries and properties to be included within said District. NOW, THEREFORE, BE IT RESOLVED as follows: RECITALS Section 1. That the above recitals are all true and correct. INITIATION OF PROCEEDINGS Section 2. That these proceedings are initiated by this legislative body pursuant to the authorization of section 53318 of the Government Code of the State of California. BOUNDARIES OF DISTRICT Section 3. It is the intention of this legislative body, pursuant to the terms and provisions of the "Mello-Roos Coramunity Facilities Act of 1982", to establish a Community Facilities District, and to determine the boundaries and parcels which will be serviced by the public facilities and services and on which special taxes may be levied in order to pay the cost and expenses for said public facilities and services. A description of the boundaries of territory proposed to be included in the District is as followe: All that property to be served by the installation of the capital facilities and providing of services, as said property is shown on a map as previously approved by this legislative body, sai~ map designated by the name of this Community Facilities District, a copy of which is on file in the Office of the Secretary and shall remain open for public inspection. NAME OF DISTRICT Section 4. The name of the proposed community Facilities District to be estab- lished shall be known and designated as COMMUNITY FACILITIES DISTRICT NO. 88-1. DESCRIPTION OF FACILITIES Secction 5. That it is the intention of this legislative body 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. A general description of the public capital facilities to be provided is as follows: The construction of a fire station, together with appurtenances and appurtenant work, including acquisition where necessary. For further particulars and details, reference is made to the file entitled "FOOTHILL FIRE PROTECTION DISTRICT, COMMUNITY FACILITIES DISTRICT NO. 88-1, DESCRIPTION OF FACILITIES", which is hereby approved and incorporated herein, and a copy of which is on file in the Office of the secretary. For all particulars, reference is made to said approved file. The facilities, as above-described, are facilities which this legis- lative body is authorized by law to contribute revenue to or to construct, own or operate. It is hereby further found and determinsd that the proposed facilities are necessary to meet the demands and needs of this local Agency. SPECIAL TAX Section 6. That is is hereby further proposed that, except where funds are otherwise available, a special tax sufficient to pay for said facilities, services and related incidental expenses authorized by the Act will be levied annually within the boundaries of said District. For particulars as to the rate and method of apportionment of the proposed special tax, reference is made ko the attached and incorporated Exhibit "A", which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the proposgd District to clearly estimate the probable annual amount and the maximum annual amount that said person will have to pay for said facilities and services. The legislative body hereby further authorizes the early discharge and prepayment of any special taxes and specific term~ and conditions relating to the prepayment of any special tax shall be set forth by Resolution of this legisla- tive body prior to any authorization for issuance of bonds, and said prepayment allowance is not applicable for any special taxes relating to additional services. The special taxes herein authorized shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. SERVICES Section 7- That it is the further intention of this legislative body to provide certain services that are in addition to those provided in the territory of the District and will not be replacing services already available. A general description of the services to be provided is as follows: Fire protection and suppression services (including emergency medical service and such other services as theFoothill Fire Protection District may be authorized by law to provide) which are in addition to the extent to which said services are currently provided to the territory within the proposed District. The costs of said services shall include all expenses incurred in providing such additional services, including administration, manning, operating and maintenance of the fire station and related equipment. PUBLIC HEARING Section B. NOTICE IS GIVEN THAT ON THURSDAY, THE 22ND DAY OF DECEMBER, 1988, AT THE HOUR OF 7:00 O'CLOCK P.M., IN THE SPECIAL MEETING PLACE OF THE LEGISLATIVE BODY, LOCATED AT Lions Park Community Center, 9161B~seline Road, Rancho Cueamon~a, A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE ESTABLISHMENT OF THE PROPOSED COF~UNITY FACILITIES DISTRICT, THE PROPOSED METHOD AND APPORTIONMENT OF THE SPECIAL TAX, 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 ESTABLISHMENT OF THE DISTRICT, THE EXTENT OF THE DISTRICT, 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 THE IRREGULARITIES AND DEFECTS TO WHICH THE OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE SECRETARY OF THE LEGISLATIVE BODY 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 THE DISTRICT ARE FILED BY FIFTY PERCENT {50%) OR MORE OF THE REGISTERED VOTERS, OR SIX (6) REGISTERED VOTERS, WHICHEVER IS GREATER, RESIDING WITHIN THE PROPOSED DISTRICT, OR OWNERS OF ONE-HALF (1/2) OR MORE OF THE AREA OF LAND PROPOSED WITHIN THE DISTRICT, THE PROCEED- INGS SHALL BE ABANDONED. IF SAID MAJORITY PROTEST IS LIMITED TO CERTAIN SERVICES, FACILITIES OR SPECIAL TAX, THOSE SERVICES OR FACILITIES OR THAT TAX SHALL BE ELIMINATED BY THE LEGISLATIVE BODY. ELECTION Section 9. If, following the public hearing described in the Section abo~e, the legislative body determines to establish the District and proposes to lev5, a special tax ~ithin the District, the legislative body shall then submit the levy of the special taxes to the qualified electors of the District. If at least twelve (12) persons, who need not necessarily be the same twelve (12) persons, have been registered to vote within the District for each of the ninety (90) days preceding the close of the subject hearing, the vote shall be by registered voters of the District, with each voter having one (1) vote. Otherwise, the vote shall be by the landowners of the District who were the owners of record at the close of the subject hearing, with each landowner having one (1) vote for each acre or portion of an acre of land owned within the District. A successful election relating to the special tax authorization shall, as applicable, establish and/or change the appropriations limit as authorized by Article XIIIB of the California Constitution as it is applicable to this District. NO PRIVATE CONTRACT Section 10. This legislative body hereby finds and determines that the public interest will not be served by allowing the property owners of 3/4's of the area to make an election to take over and perform ahy works of improvement pursuant to a contract awarded by this legislative body. This finding does not prohibit the property owners from directly entering into a contract to perform and construct certain of the works of improvement. NOTICE Section 11. That notice of the time and place of the public hearing shall be given by the Secretary in the following manner: A. A Notice of Public Hearing shall be published in the legally designated newspaper of general circulation, being the DAILY REPORT, said publica- tion 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. B. A Notice of Public Hearing shall be mailed, postage prepaid, to each property owner and registered voter within the boundaries of the proposed District; said mailing to the property owners shall be to the address as shown os the last equalized assessment roll. Said mailing shall be completed at least fifteen (15) days prior to the date set for the public hearing. ENVIRONMENTAL BEVIEW Section 12. All environmental evaluation proceedings as required by the California Environmental Quality Act relating to the establishment and formation of this District shall be completed prior to the date and time set for the public hearing. ADOPTED on the 22nd day of November , 1988. ATTEST:~ Secretary ( SEAL ) STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) I, L. DENNIS MICHAEL, Secretary of the Board of Directors of the Foothill Fire Protection District DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 05-11-88 , was duly adopted by the Board of Directors of said District at a duly called and conducted meeting of sai~ Board held on the ??~ day of November 1988, and that it was so adopted by the following vote: AYES: Alexander, Amodt, Eggleston, Latipow, Lyons NOES: None ABSENT: None FOOTHILL FIRE PROTECTION DISTRIC7 COMMUNITY FACILITIES DISTRICT NO. 88-1 EXHIBIT "A" The Resolution of Intention refers to this Exhibit for an explanation of the rate and method of apportionment of the Special Tax so as to allow each landowner or resident within the proposed Cor~munity Facilities District to estimate the maximum annual amount that would be required for payment for such landowner's or resident's property. PROPERTY CATEGORIES There are thr.ee categories of property subject to special taxation, which are identified as follows: 1. DEVELOPED PROPERTY All property identified as a single Tax Assessor's parcel for which property a building permit has been issued as of May 31 of any year. 2. APPROVED PROPERTY All property which of as May 31 of any year is subject to an approved Development Agreement with either the City of Rancho Cucamonga or the County of San Bernardino, an approved Annexation Agreement with the City of Rancho Cucamonga, or a recorded Final Subdivision Map or Final Parcel Map, but for which no building permit has be~n issued. 3. VACANT PROPERTY All other property, excluding property which, as of the date of the election to authorize the levy of the Special Tax, is: (i) owned by a public entity; (ii) owned by a regulated public utility and being utilized for transmission or distribution purposes; or (iii) zoned as open space. TAXING CLASSIFICATIONS AND MAXIMUM SPECIAL TAX RATES The taxing classifications for the above Property Categories and the maximum autho- rized Special Tax rates for fiscal year 1988-1989 are as follows: TAXING CLASSIFICATION MAXIMUM TAX RATE 1. DEVELOPED PROPERTY A. Residential Class I $ 292 per year (More than 3,590 square feet of dwelling unit living area) * TAXING CLASSIFICATION MAXIMUM TAX RATE Residential Class II $ 225 per year {3,077-3,589 square feet of dwelling unit living area) * C. Residential Class III $ 180 per year (2,564-3,076 square feet of dwelling unit living area) * D. Residential Class IV $ 157 per year (2,308-2,563 square feet of dwelling unit living area) E. Residential Class V $ 135 per year (2,051-2,307 square feet of dwelling unit living area) * F. Residential Class VI $ 124 per year (1,795-2,050 square feet of dwelling unit living area) * G. Residential Class VII $ 112 per year (Less than 1,795 square feet of dwelling unit living area) * H. Commercial or industrial property $ 449 per acre per year, or $0.04 per square foot of build- ing area, whichever is greater,' per year ** 2. APPROVED PROPERTY All Approved Property $200 per lot or parcel per year 3. VACANT PROPERTY All Vacant Property $10 per acre per year *** · The square footage of dwelling unit living area shall mean the square footage of internal living space, exclusive of garages and other structures not used am living space, as shown on the building permit(s) issued for the dwelling unit. · * The square footage of a commercial or industrial building area shall mean the gross square footage for the building as reflected in the building plans upon which any building permits for the building were issued. · ** The acreage of a- Vacant Property shall be the gross acreage exclusive of any acreage dedicated or offered for dedication to a public agency. ESCALATION OF MAXIMUM SPECIAL TAX RATES Tile maximum annua~ Speccal Tax rates appiicaDie to all Developed Property shall be subject to escalation each July 1 commencing July 1, 1989, by the change factor calculated annually by the State of california Department of Finance for the purpose of increasing appropriations limits of State and local governments. In the event that the Department of Finance or it5 successor ceases to calculate the annual change factor, such Special Tax rates shall be subject to annual escalation not to exceed the increase in the Consumer Price Index as published by the Bureau of Labor Statistics for the Los Angeles Primary Metropolitan Sta%istical Area for the preced- ing twelve (12) month reporting period. The maximum Special Ta~: rates applicable to all Approved Property and Vacant Property shall not be subject to escalation. METHOD OF APPORTIONMENT OF SPECIAL TA~ The Special Tax shall be levied annually on all taxable property within one of the above identified Property Categories so long as Special Tax revenues are necessary to pay authorized expenses of the Cormmunity Facilities District, which may include, without limitation, payment of debt service on any bonded indebtedness of the Commu- nity Facilities District; replenishment of any required reserve fund for any such bonded indebtedness; funding of any required sinking fund necessary to pay for future public improvements, services or debt service; direct payment for public improvements; or payment of the operational and maintenance expenses of providing fire suppression and protection services to properties within the Community Facili- ties District. The annual levy of the Special Taxes shall be apportioned as follows: STEP 1: Fifty percent (50%) of the estimated ad ~alorem property tax revenue to be collected from properties within the Community Facilities District in the subject fiscal year which are allocable to the Foothill Fire Protection District shall be allocated to pay the estimated expenses of the Community Facilities District for the subject fiscal year. The remainder of the estimated expenses shall be referred to as the Net CFD Expenses. STEP 2: That equal percentage of the ma~:imum authorized Special Tax rate applic- able to all Developed Property Taxing Classifications necessary to generate Special Tax revenues equal to the Net CFD Expenses shall be levied on all Developed Property. STEP 3: If additional Special Tax revenues are still necessary to generate the Net CFD Expenses, that percentage of the maximum authorized Special Tax rate applicable to all Approved Property necessary to generate the additional Special Tax revenues to equal Net CFD Expenses shall be levied on Approved Property. STEP 4: If additional Special Tax revenues are still necessary to generate the Net CFD Expenses, that percentage of all the maximum authorized Special Tax rate applicable to all Vacant Property necessary to generate the addi- tional Special Tax revenues to equal Net CFD Expenses shall be levied on all Vacant Property. STEP 5: If additional Special Tax revenues are still necessary to generats the Net CFD Expenses, the Community Facilities District shall: A. Compare (i) the Special Tax rate which would be levied on each Developed Property pursuant to STEP 2 above with (ii) the product resulting from multiplying the square footage of the Developed Property times the Base Maximum Special Tax. The Base Maximum Special Tax means an amount equal to $0.0025 per square foot subject to escalation at the same rate and at the same time applicable to the maximum Special Tax rates for Developed Property. B. If the product described in (ii) above exceeds the Special Tax rate described in (i) above for any Developed Property, the Community Facilities District shall increase the Special Tax rate levied on each such Developed Property in equal percentages up to the rate not to exceed the product described in (ii) above necessary to generate the additional Special Tax revenues to equal Net CFD Expenses. Notwithstanding the foregoing, the minimum Special Tax which shall be levied on all taxable properties within the Community Facilities District each Fiscal Year shall be: DEVELOPED PROPERTY: $ 1.00 per dwelling unit for reeidential uses $ 1.00 per acre for commercial/industrial uses APPROVED PROPERTY: $ 1.00 per lot or parcel VACANT PROPERTY: $ 1.00 per acre The ad valorem property tax contribution identified in Step 1 shall be reduced in any Fiscal Year by the amount by which the sum of such contribution and the minimum Special Taxes would exceed the estimated expenses of the Community Facilities District for such Fiscal Year. The "Report" of the Special Tax Consultant, to be approved as a part of the record upon the conclusion of the public hearing pertaining to the formation of the Co.unity Facilities District, shall set forth supplementary details pertaining to the Rate and Method of Apportionment of the Special Tax and shall provide controlling guidance in the interpretation and implementation of this Rate and Method of Apportionment. CERTIFICATE OF COMPLIANCE WITH NOTICE REQUIREMENTS COMMUNITY FACILITIES DISTRICT NO. 88-1 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO L. DENNIS MICHAEL, under penalty of perjury, CERTIFIES AS FOLLOWS: The undersigned is now, and at all times mentioned herein was, the duly qualified and acting SECRETARY of the FOOTHILL FIRE PROTECTION DISTRICT, CALIFORNIA, and as such, accomplished the notice requirements in connection with the referenced Community Facilities District, as noted: RECORDING The NOTICE OF SPECIAL TAX LIEN was recorded in the Office of the County Recorder of the County of San Bernardino within fifteen (15) days of certification of the elec- tion results, said recording being accomplished on the 1st day of May , 1989. PUBLICATION The ORDINANCE AUTHORIZING LEVY OF SPECIAL TAXES was published one (1) time in the DAILY REPORT on the 1st day of June , 1989. EXECUTED this 1st day of June , 1989, at Rancho Cucamonga, California. FOOTHILL FIRE PROTECTION DISTRICT STATE OF CALIFORNIA the pt~oye-refe?enced and approved .~ect a~ tax. I