HomeMy WebLinkAboutMC-735
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ORDINANCE NO. MC-73~
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ORDINANCE OF THE CITY OF SAN BERNARDINO
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ORDINANCE OF THE CITY OF SAN BERNARDINO.
STATE OF CALIFORNIA. AUTHORIZING
THE LEVY OF A SPECIAL TAX WITHIN
COMMUNITY FACILITIES DISTRICT NO. 995
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WHEREAS. on April 16. 1990. the Common Council of
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the City of San Bernardino. State of California (the "Common
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Council"). adopted Resolution No. 90-140 stating its intention
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to form Community Facilities District No. 995 of the City of
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San Bernardino. State of California (the "District") pursuant
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to Chapter 2.5 of Part 1 of Division 2 of Title 5 (commencing
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with Section 53311) of the California Government Code.
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commonly known as the "Mello-Roos Community Facilities Act of
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1982" (the Act"); and
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WHEREAS. on April 16. 1990. the Common Council also
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adopted Resolution No. 90-136 stating its intention to incur
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bonded indebtedness in an amount not to exceed $11.000.000
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within the District for the purpose of financing all or a
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portion of the Verdemont Area infrastructure development fee.
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representing the acquisition. construction and installation of
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full-width street improvements. including full-width paving.
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curbs and gutters. sidewalks. street lights. sewer mains.
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storm drains. catch basins. together with auxiliary structures
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and appurtenances and including the acquisition of all
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necessary easements and rights-of-way. and school facilities
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and all other expenses incidental thereto. all as more fully
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OR~INANCE ~BTHORIZING LEVY pF SPECIAL TAX
described in Resolution No. 90-136 (the "Facilities") to serve
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the area within the District; and
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WHEREAS. notice was published as required by law
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relative to the intention of the Common Council to form the
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proposed District and to incur bonded indebtedness in an
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amount not to exceed $11,000,000 within the boundaries of the
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District; and
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WHEREAS, on June 4. 1990. the Common Council held a
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noticed public hearing as required by law to determine whether
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it should proceed with the formation of the District and
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authorize the rate and method of apportionment of a special
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tax to be levied within the District for the purpose of paying
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for the Facilities and the costs associated with the bonds
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proposed to be issued to finance the Facilities. including the
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principal of and interest on the proposed bonds; and
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WHEREAS, at said hearing all persons desiring to be
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heard on all matters pertaining to the formation of the
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District and the levy of the special tax were heard and a full
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and fair hearing was held; and
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WHEREAS, on June 18, 1990 the Common Council adopted
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Resolution No. 90-247 which established the District,
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determined the validity of prior proceedings relative to the
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formation of the District and the incurring of bonded
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indebtedness, authorized the levy of a special tax within the
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District, and called an election within the District for
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June 26, 1990, on the propositions of incurring bonded
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indebtedness, levying a special tax and establishing an
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appropriations limit within the District; and
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ORDINANCE ABTHORIZING LEVY OF SPECIAL TAX
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WHEREAS. on June 18, 1990 the Common Council adopted
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Resolution No. 90-248 which determined the necessity of
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incurring bonded indebtedness in an amount not to
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exceed $11,000,000; and
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WHEREAS, on June 26, 1990, an election was held
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within the District in which the qualified electors approved
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by more than a two-thirds vote the propositions of incurring
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bonded indebtedness, levying a special tax and establishing an
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appropriations limit within the District;
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NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
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CITY OF SAN BERNARDINO ORDAIN AS FOLLOWS:
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SECTION 1. The above recitals are all true and
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correct and this Common Council so finds and determines.
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SECTION 2. By the passage of this ordinance, the
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Common Council authorizes the levy of a special tax pursuant
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to the rate and method of apportionment set forth in
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Exhibit "A" attached hereto and incorporated by reference
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herein.
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SECTION 3. The Common Council is hereby further
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authorized each year by Resolution to determine the specific
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special tax rate and amount to be levied for the next fiscal
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year, except that the special tax rate to be levied shall not
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exceed that set forth in Exhibit "A" hereto, but the special
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tax may be levied at a lower rate.
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SECTION 4. Properties or entities of the state,
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federal or other local governments shall, except as provided
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in Sections 53317.3, 53317.5, and 53340.1 of the Act, be
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exempt from the above-referenced and approved special tax.
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ORDINANCE AUTHORIZING LEVY OF SPECIAL TAX
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SECTION 5. All of the collections of th~ special
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tax shall be used as provided for in the Act and Resolution
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No. 90-247. The special tax shall be levied only so long as
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needed for its purpose as described in Resolution No. 90-247.
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SECTION 6. The above authorized special tax shall
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be collected in the same manner as ordinary ad valorem
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property taxes are collected and shall be subject to the same
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penalties and the same procedure, sale and lien priority in
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case of delinquency as is provided for ad valorem taxes, as
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such procedure may be modified by law or by the Common Council
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from time to time.
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SECTION 7. As a cumulative remedy, if any amount
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levied pursuant hereto as a special tax for payment of bond
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interest or principal together with any penalties and other
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charges accruing under this ordinance are not paid when due,
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the Common Council may, not later than four years after the
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due date of the last installment of principal, order that the
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same be collected by an action brought in the superior court
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to foreclose any lien therefor.
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SECTION R. The Mayor shall sign and the City Clerk
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shall certify to the passage and adoption of this Ordinance
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and shall cause the same to be published and posted pursuant
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to the provisions of law in that regard and this Ordinance
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shall take effect all as provided in the Municipal Code of the
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City.
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SECTION 9. This ordinance shall not be codified.
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SECTION 10. The City Clerk of the City of San
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Bernardino is hereby directed to publish this ordinance once
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ORDINANCE AUTHORIZING LEVY OF SPECIAL TAX
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within fifteen (15) days following its adoption in.The Sun, a
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3 Bernardino.
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general circulation published in the City of San
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ORDINi'.NCE A,UTHOR,IZING LEVY OF SPECIAL TAX
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I HEREBY CERTIFY that the foregoing ordinance was
2 duly adopted by the Mayor and Common Council of the City of
3 San Bernardino at a regular meeting thereof. held on the 16th
4 day of July. 1990. by the following vote. to wit:
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C.9.J.lD_ci,LMem!:ler-f? : ~XES. l'i~y"
ESTRADA X
REILLY X
FLORES X
MAUDSLEY X
MINOR X
POPE-LUDLUM X
MILLER X
A~"ThJ..N
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IS
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The foregoing
ordinance is hereby approved thisl~th
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City ~~~ Bernardino
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day of July. 1990,
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Approved as to form
and legal content:
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JAMES F. PENMAN.
Ci ty At torney
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