HomeMy WebLinkAboutMC-149
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ORDINANCE NO.
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2 ORDINANCE OP THE CITY OF SAN BERNARDINO ADDING CHAPTER 12.94
TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO IMPROVEMENT
3 DISTRICTS.
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THE ~1AYOR AND CmlMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
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SECTION 1.
Chapter 12.94 is added to the San Bernardino
7 Municipal Code to read:
8 "Chapter 12.94
9 H1PROVEr1ENT DISTRIcrs
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12.94.010 Definitions.
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A.
'Improvement District' means any assessment district
12 created by action of the Mayor and Co~non Council for the purpose
13 of funding curbs, gutters, streets, storm sewers, sanitary sewers,
14 water mains and other public improvements necessary or convenient
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for the purpose of the district being formed.
Public improvements
16 shall include, but shall not be limited to, those itemized in
17 Streets and Highways Code Sections 5101, 8570, and 10100.
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B.
'Developer-requested improvement district' means any
19 improvement district where a developer representing a majority in
20 interest of the owners of the land affected requests that the City
21 form such district to enable such owners to develop a new
22 subdivision or parcel map of any type or undertake enlargement,
23 development, expansion or change of use of an existing commercial
24 or industrial development. lfuether a particular developer
25 represents a majority in interest of the owners shall be
26 etermined by the Director of Public Works/City Engineer.
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C.
'1911 Act' refers to 'The Improvement Act of 1911',
28 treets and Highways Code, Division 7, being Section 5000, et seq.
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D. '1913 Act' refers to 'The Municipal Improvement Act of
1913', Streets and Highways Code, Division 12, Section 10000, et
seq.
E. '1915 Act' refers to "The Improvement Bond Act of 1915',
Streets and Highways Code, Division 10, being Section 8500, et
seq.
12.94.020 Issuance of bonds - Administrative fee.
For any developer-requested improvement district in which the
improvements are to be financed by issuance of assessment district
bonds, bonds may be authorized and issued by authority of the
Mayor and Common Council under the provisions of the 1911 Act, the
1913 Act, the 1915 Act, or of any other state law or any ordinance
or provision of the San Bernardino Municipal Code, as the Mayor
and Common Council may determine. For any such issuance, an
administrative fee of one percent of the amount of the total bond
issue shall be paid to the City's Industrial Revenue Bond Reserve
and Development Fund, as established by Resolution No. 81-108, as
amended by Resolution No. 81-410, to be utilized for such purpose
or purposes as the Mayor and Common Council may by resolution
designate. Such fee shall be paid out of the proceeds of the sale
of the bonds, and shall be in addition to any other applicable
fees, charges, or incidental expenses.
12.94.030 Advance of estimated costs - Reimbursement of
expenses - Return of surplus.
Prior to the adoption of a resolution of intention relative
to any developer-requested improvement district, the developer
representing the owner or owners of the property therein shall
advance to the City the estimated costs of organizing, engineering
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and developing the proposed assessment district, in such amount
and payable at such times as the Director of Public \'Iorks/City
Enqineer shall designate.
Such advancement of funds shall be
utilized solely for the expenses c)f organizing, engineering and
[develOPing the proposal for such district. In the event the
district fails at the puhlic hearing or is otherwise terminated
for any reason, or the bonds are not sold, such portion of the
advancement representing actual costs to the City in preparing for
such improvement district, including administrative costs, shall
be held by the City, as reimbursement for such expenses, and any
surplus remaining shall be returned to the perscn or persons
depositing such funds.
If the improvement district is finalized
and bonds are sold, the expenses shall be reimbursed to the City
from bond proceeds; and the entire amount deposited shall be
returned to the person or persons depositing such funds."
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
reaular
"
meeting thereof, held on
the
5th day of
April
, 1982, by the following vote,
to wit:
AYES:
Council Members
Castaneda, Reilly, Hernandez,
Ouiel. Hobbs, Strickler
NAYS:
None
ABSENT:
Council Member Botts
~&'4b
/ City Clerk
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The foregoing ordinance
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~}u- /
, 1982.
of
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Approved as to form:
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~#4N';;'
city ttorney
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