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SBE00099-l2/33l8S/dc
03/13/90 0340
RESOLUTION NO. qn_l n 1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING
THE AMOUNT OF AN INFRASTRUCTURE FEE TO BE LEVIED
FOR RIGHT-OF-WAY IMPROVEMENTS AND PUBLIC
IMPROVEMENTS FOR THE VERDEMONT AREA
WHEREAS, the City of San Bernardino, California (the
"Ci ty") has adopted an Ordinance (the "Ordinance") amending the
San Bernardino Municipal Code and establishing and authorizing 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
Ordinance; and
WHEREAS, the City has caused a preparation of certain
engineers
report
entitled
"Engineers
Report--Right-of-Way
Improvements--Verdemont Area" (the "Engineer' s Report") which sets
forth the scope and extent of the Right-of-Way Improvements and the
Public Improvements required in the Verdemont area of the City (the
"Verdemont Area") and sets forth a reasonable methodology and
analysis for determination of the impact of development on the need
for, and costs of, acquisition, construction and installation of the
Right-of-Way Improvements and Public Improvements in the Verdemont
Area; and
WHEREAS, the City deems it desirable to adopt this
Resolution to set the Infrastructure Fee as authorized pursuant to
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the Ordinance and to provide for any subsequent increases in the
amount of the Infrastructure Fee.
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 initial amount of
the Infrastructure Fee shall be $7,375.00 per Equivalent Dwelling
Unit as said term is defined in the Ordinance. Said Infrastructure
Fee shall be subject to increase pursuant to the terms of any
subsequent resolutions to be adopted by the Mayor and Common Council
which resolutions shall provide for increases to the Infrastructure
Fee in order to cover any increase in costs or any administrative
and carrying costs incurred in connection with the issuance of bonds
or the incurring of any other form of indebtedness required in order
to finance the acquisition, construction and installation of all or
any portion of the Right-of-Way Improvements and/or the Public
Improvements.
Section 2. Time of Payment. The Infrastructure Fees as
set forth in this Resolution and attributable to a parcel of
property of any fee payer or developer wi thin the Verdemont Area
shall be paid at the times and in the manner as set forth in the
Ordinance; provided, however, that:
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(i) to the extent any fee payer or developer
acquires, constructs or installs any Right-of-Way Improvements
or Public Improvements within the Verdemont Area such fee payer
or developer will receive a credit for the value, as determined
by the City Engineer, of such Right-of-Way Improvements and/or
Public Improvements which credit will be applied to the amount
of the Infrastructure Fee otherwise attributable to such fee
payer or developer, or
(ii) to the extent any fee payer or developer
otherwise subject to the Infrastructure Fee opts to participate
in the formation and establishment of a Mello-Roos Community
Facilities District (a "CFD") and such fee payer or developer's
property is made sUbject to the levy of a CFD special tax in an
amount equal to or greater than the aggregate amount of the
Infrastructure Fee otherwise attributable to such fee payer or
developer and further that such fee payer or developer agrees to
pay any and all fees in connection with the formation and
administration of the CFD over and above the amounts otherwise
required to fund the costs of the Right-of-Way Improvements and
the Public Improvements then, such fee payer' s or developer's
participation in the CFD shall be deemed a payment in lieu of
the Infrastructure Fee, or
(iii) any developer or fee payer shall have the option
to pay a portion of the initial Infrastructure Fee attributable
to such developer or fee payer at the time of issuance of a
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. .
building permit for a given project subject to such developer or
fee payer's commitment to pay the remaining balance of the
Infrastructure Fee as hereinafter provided.
In the event a developer or fee payer opts to pay only a
portion of the Infrastructure Fee as hereinabove provided, the
portion to be paid at the time the developer or fee payer applies
for the issuance of a building permit shall equal thirty percent
(30%) of the entire Infrastructure Fee attributable to such
developer or fee payer and said developer or fee payer will execute
an agreement with the City whereby such developer or fee payer will
agree to pay the remaining balance of the Infrastructure Fee, with
interest accruing at twelve percent (12%) annually, prior to the
issuance of a Certificate of Occupancy for such developer's or fee
payer's project. To the extent any fee payer or developer opts to
pay a portion of the Infrastructure Fee at the time of application
of a building permit, such developer or fee payer will be exempt
from paying any increases in the amount of the Infrastructure Fee
which increases may occur prior to the issuance of the Certificate
of Occupancy for such developer's or fee payer's project.
Any fee payer or developer may use the credit provided for
in (i) hereinabove to apply to amounts which would otherwise be
levied as part of the CFD special tax provided for in (ii)
hereinabove or as either the downpayment amount or the remaining
balance amount described in (iii) hereinabove.
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.
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Section 3.
This Resolution shall take effect upon the
date of its adoption and shall remain in effect until any subsequent
action of the Mayor and Common Council amends this Resolution.
I HEREBY CERTI FY
adopted by the Mayor
San Bernardino at a
held on the ] 9th day
the following vote, to wit:
that
and
the foregoing
Common Council
reqular
of
resolution
of the
meeting
was dUly
Ci ty of
thereof,
1990, by
March
AYES:
Council Members Estrada. Reilly. Maudsley. Miller
NAYS:
Council Member Flores
ABSENT:
rrmn~i 1 Mp-mhp..r~ Minor Pope-Ludlam
~ff~~fd/
ity Clerk
day of
The foregoing resolution is hereby approved
MArch , 1990.
c:2/
of
Approved as to form and legal content:
JAMES F. PENMAN
City Attorney
By:
Oa~~
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'9. fre~,
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