HomeMy WebLinkAbout1990-002
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SBE00099-18/3338S/dc
12/27/89 0320
RESOLUTION NO. qO 7
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, REVISING THE
AMOUNT OF AN INFRASTRUCTURE FEE TO BE LEVIED FOR
RIGHT-OF-WAY IMPROVEMENTS AND PUBLIC IMPROVEMENTS
WHEREAS, the City of San Bernardino, California (the
"City") has on December 4, 1989, previously adopted an Urgency
Ordinance (the "December Urgency Ordinance") which established and
authorized the levy of an infrastructure fee (the "Infrastructure
Fee") for the purposes of funding the costs of certain Right-of-Way
Improvements and Public Improvements, all as more fully described in
the December Urgency Ordinance; and
WHEREAS, in connection with its adoption of the December
Urgency Ordinance, the City on December 4, 1989, also adopted a
Resolution (the "December Resolution") setting the amount of the
Infrastructure fee; and
WHEREAS, the City has simultaneously herewith adopted an
Urgency Ordinance (the "January Urgency Ordinance") extending the
date of the December Urgency Ordinance and making technical
revisions thereto in order to provide for the funding of the
Right-of-Way Improvements and the Public Improvements; and
WHEREAS,
the City deems it necessary to adopt this
Resolution in order to provide for a revision to the amount of the
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Infrastructure Fee set in the December Resolution which revision is
attributable to the inclusion within the definition of Right-of-Way
Improvements as defined in the December Urgency Ordinance, of
certain portions of Palm Avenue between Kendall Avenue and Verdemont
Avenue, which portions are immediately adjacent to undeveloped
properties.
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
Section 1. Infrastructure Fee. The Infrastructure Fee
as established pursuant to the December Urgency Ordinance and set by
the December Resolution is hereby revised to be the amount of
$7,375.00 per Equivalent Dwelling Unit as said term is defined in
the December urgency Ordinance. Said Infrastructure Fee shall be
subject to further increase pursuant to the terms of any subsequent
resolutions to be adopted by the Mayor and Common Council as may be
deemed necessary in the best interests of the City.
Section 2. Voluntarv Prepayment. At the option
fee payer or developer, the total dollar amount of
Infrastructure Fee set by this Resolution and attributable
parcel of property of such fee payer or developer within
Verdemont Area may be VOluntarily prepaid immediately upon
effective date of this Resolution and for a periOd of thirty
days thereafter. Such voluntary prepayment will exempt the
of a
the
to a
the
the
(30)
fee
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payer or developer from paying any increases in the Infrastructure
Fee which may be attributable solely to an increase in the costs of
the Right-of-Way Improvements or the Public Improvements or the
financing of the Right-of-Way Improvements or the Public
Improvements. As an alternative, any fee payer or developer may (i)
receive as a credit towards the Infrastructure Fee attributable to
such fee payer or developer, all or a portion of the costs of any
Right-of-Way Improvements that may be or may have been acquired,
constructed or installed by such fee payer or developer or (ii) may
voluntarily prepay only a portion of the initial Infrastructure Fee
subj ect to such fee payer or developer' s commitment to pay the
remaining portion of the Infrastructure Fee as hereinafter
provided. In the event a fee payer or a developer opts to pay only
a portion of the Infrastructure Fee as hereinabove provided, the
portion to be prepaid shall equal thirty percent (30%) of the entire
Infrastructure Fee attributable to such fee payer or developer and
said fee payer or developer will execute an agreement with the City
whereby such fee payer or developer will agree to pay the remaining
balance of the Infrastructure Fee attributable to such fee payer or
developer, with interest accruing at twelve percent (12%) annually,
at the earlier of (i) the time such fee payer or developer would
otherwise be required to pay the Infrastructure Fee under the terms
of the December urgency Ordinance or (ii) December 4, 1994.
Section 3. Time of Pavrnent. To the extent any fee
payer or developer does not vOluntarily prepay the Infrastructure
Fee as provided in Section 2, hereof, the Infrastructure Fees as set
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forth in this Resolution and attributable to a parcel of property of
such fee payer or developer within the Verdemont Area shall be paid
at the times and in the manner as set forth in the December Urgency
Ordinance.
Section 4.
This Resolution shall take effect upon the
date of its adoption and shall remain in effect for the same period
that the January Urgency Ordinance remains in effect, and for the
period of any extensions to the January Urgency Ordinance.
I HEREBY
adopted by the
San Bernardino at
held on the ,rn
the following vote,
CERTIFY that
Mayor and
a n ad i ourned
day of
to wit:
the foregoing
Common Counci 1
reaular
resolution
of the
meeting
was duly
Ci ty of
thereof,
1990, by
.1Hnllnry
,
AYES:
Council Members
Rp; lly Mrlllrl!":lpy Minnr Mi IIp-r
NAYS:
rr\11nr<; 1 M""mh;:::>rc:: PlAY""-=:: Pone-Ludlam
ABSENT:
COlIne;l Memher Estrada
day of
~/.Ur/?/..4h4l'/
City Clerk
The foregoing resolution is hereby approved this -)It,"
.1nnllHry , 1990.
Approved as to form and legal content:
JAMES F. PENMAN
City Attorney
BY~J
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