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Home My WebLink AboutMC-442U . ? , San Bernardino 54333-011-7 ORDINANCE NO. MC-442 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDINANCE NO. 3902 RELATING TO ASSESSMENT BONDS FOR PUBLIC IMPROVEMENTS IN THE CITY AND DECLARING THE URGENCY THEREOF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: Section 1. Amendment. Section 7 of Ordinance No. 3902 shall be amended to read in full as follows: "Section 7. Period of Notice and Waiver. Except as otherwise provided herein, the first publication and posting and the mailing of any resolution or notice shall be not later than fifteen (15) days before the day fixed there- in for the hearing or other act; provided, however, that when, in the sole opinion of the Mayor and Common Council, a shorter time period may be sufficient in the circumstances, or certain notices or other parts of the proceedings normal- ly required under the Acts may be eliminated, the Mayor and Common Council may so proceed. In addition, if all of the property owners whose property may be subject to assessment shall waive any requirements of this Ordinance or the Acts, the waiver shall become part of the proceedings and the Mayor and Common Council may proceed in reliance thereon and so dispense with any such requirement." Section 2. Amendment. Section 10 of Ordinance No. 3902 is hereby amended to read in full as follows: "Section 10. Terms of Bonds, Registration, Limited Liability and Amendment. 1 26-CI-JWB-402.33 3-19-85 (mt) MC-442 - , San Bernardino 54333-011-7 "(a) The bonds may be issued as serial bonds or term bonds or any combination thereof; may be redeemable at par or at a required premium or premiums prior to maturity from such fund or funds as shall be established therefor; may mature and bear interest on such date or dates and shall be issued as fully registered bonds with appropriate ex- change and transfer provisions, all as the Mayor and Common Council, in their discretion shall determine. "(b) The resolution of the Mayor and Common Coun- cil authorizing the issuance and sale of the bonds may, at the discretion of the Mayor and Common Council, provide, in addition to such other terms and provisions as the Mayor and Common Council may deem appropriate, (i) that the Mayor and the Common Council may, without the consent of, or notice to, any of the holders of the bonds, amend or otherwise modify such resolution or any amendment or other modifica- tion to such resolution, to cure any ambiguity, defect or omission in such resolution, and/or (ii) a procedure for amending or otherwise modifying such resolution with the written consent of the holders of a specified percentage of the aggregate principal amount of the bonds then outstanding (provided, however, that the foregoing items (i) and (ii) shall not permit, or be construed as permitting, without the consent of the holder of every bond, (A) an extension of the maturity of the principal of or the interest on any bond or of any redemption dates, or (B) a reduction in the principal amount of any bond or the rate of interest thereon, or (C) a privilege or priority of any bond or bonds over any other bond or bonds), and/or (iii) that, notwithstanding anything in the Acts to the contrary (including Sections 8800 through 8809 of the California Streets and Highways Code), the lia- bility of the City, the Mayor, the Common Council, the officers or employees of the City, and/or any person or entity acting for or on behalf of the City in connection with the issuance of the bonds or in connection with the formation or operation of the assessment district, on the bonds, in connection with their issuance, or in connection with the formation or operation of the assessment district, shall be limited to such extent and on such terms as the Mayor and Common Council deem appropriate, including, with- out limitation, providing that in the event the City files an action and forecloses the lien of any delinquent assess- ment levied in the assessment district, the City shall not under any circumstances be liable or otherwise obligated in any way whatsoever to purchase or otherwise acquire any lot or parcel of property sold at the execution sale pursuant to 2 26-CI-JWB-402.33 3-19-85 (mt) MC-442 , San Bernardino 54333-011-7 the judgment in any such action foreclosing such lien even if there is no other purchaser at such sale and the last sentence of Section 8803 of the California Streets and Highways Code shall not apply in any such case and/or pro- viding that if the City files an action and forecloses the lien of any delinquent assessment levied in the assessment district and purchases the lot or parcel of property sold at the execution sale pursuant to the judgment in any such action foreclosing such lien the City shall not thereafter be liable or otherwise obligated in any way whatsoever to pay delinquent or future assessments or taxes on such lot or parcel and/or providing that the City, the Mayor, the Common Council and such other officers, employees, persons and entities shall have no liability whatsoever on the bonds, in connection with their issuance, or in connection with the formation or operation of the assessment district." Section 3. Amendment. Section 12(b) of Ordinance No. 3902 shall be amended to read in full as follows: "(b) The purposes for which the proceeds of the bonds may be used may also include incidental expenses, including, without limitation, engineering, surveying, appraisal, legal fees, bond counsel fees, financing consul- tant fees, land and right-of-way acquisition, capitalized interest, reserve funds and expenses of financing the dis- trict and expenses of all proceedings for the authorization, issuance and sale of the bonds or related thereto and the prohibitions in Streets & Highways Code Section 10204.1 shall not apply." Section 4. Effective Date. This Ordinance is an urgency measure and shall take effect upon adoption. The facts constituting such urgency are: 3 26-CI-JWB-402.33 3-19-85 (mt) KC-442 ~ San Bernardino 54333-011-7 There is a severe unemployment problem in the City. The City has previously exercised its home rule char- ter powers in enacting Ordinance 3815 to help to combat this problem and foster employment in the City. The City is presently in the process of implementing its efforts under Ordinance No. 3815. It appears that the acquisition and installation of public improvements by the assessment dis- trict method provided hereunder will greatly facilitate certain developments and so help the efforts to combat the unemployment problem in the City. At present, the limita- tions and other inconveniences in the Acts may prevent their being used successfully for the purposes and with the speed that is necessary and desirable. Developers have expressed their need for the assessment district method of acquisi- tions and construction provided hereunder and for the sewer financing related thereto. It is necessary and desirable that such developers be encouraged and that they proceed as quickly as possible so that the jobs that will be provided will become available at the earliest possible date. In the findings of Ordinance 3815 and in the evidenciary material which supported the same, it appeared that unemployment was at least a major contributing cause to crime, juvenile de- linquency, private and public health problems, as well as 4 26-CI-JWB-402.33 3-19-85 (mt) ~< ., " San Bernardino 54333-011-7 having other bad social consequences. Therefore, the public peace, health and general welfare of the city and its citi- zens and inhabitants require that this Ordinance take effect upon adoption. 5 26-Cl-JWB-402.33 3-19-85 (mt) MC-4~2 , '. San Bernardino 54333-011-7 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at an adjourned regular meeting thereof, held on the 19th day of March, 1985, by the following vote: AYES: Councilmen: Castaneda, Reilly, Marks, Ouiel. Frazier. Strickler NAYS: Council Member Hernandez ABSENT: NonR ~4Zd/ ~~U/ / City Cler.k The foregoing Ordinance is hereby approved this ~pr~ day of March, 1985. APPROVED AS TO FORM: //?~~~ City Attorney 6 26-CI-JWB-402.33 3-19-85 (rot)