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HomeMy WebLinkAboutMC-006 MC-6. . II '. ORDINANCE NO. ;7Jt!- 6 2 ORDINANCE OF THE CITY OF SAN BERNARDINO RELATING TO THE ACQUISITION, CONSTRUCTION, FINANCING, AND OPERATION AND MAINTENANC 3 OF FLOOD CONTROL AND STORM DRAIN WORKS AND IMPROVEMENTS PURSUANT TO A SPECIAL ELECTION TO BE HELD WITHIN THE CITY ON TUESDAY, 4 NOVEMBER 4, 1980, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY A PROPOSITION FOR THE ISSUANCE OF NOT TO EXCEED 5 $40,000,000 OF ASSESSMENT BONDS OF SAID CITY FOR THE PURPOSE OF FINANCING SAID WORKS AND IMPROVEMENTS; ESTABLISHING PROCEDURES 6 FOR THE CREATION OF FLOOD CONTROL IMPROVEMENT DISTRICTS WITHIN THE CITY AND FOR THE LEVYING OF ASSESSMENTS AGAINST PROPERTIES 7 THEREIN IN ACCORDANCE WITH SPECIAL BENEFITS DERIVED BY SAID PROPERTIES FROM SAID WORKS AND IMPROVEMENTS; PROVIDING FOR THE 8 ISSUANCE AND SALE OF SAID BONDS TO PROVIDE FUNDS TO PAY THE COSTS AND EXPENSES OF SAID WORKS AND IMPROVEMENTS AND FOR OTHER PURPOSES 9 PROPERLY RELATED THERETO; ESTABLISHING PROCEDURES FOR RAISING FUNDS TO PAY ANNUAL MAINTENANCE AND OPERATION COSTS OF SUCH WORKS 10 OR IMPROVEMENTS THROUGH THE LEVY AND COLLECTION OF AN ANNUAL ASSESSMENT THEREFOR WITHIN SUCH DISTRICT OR DISTRICTS AS THE ]1 MAYOR AND COMMON COUNCIL MAY ESTABLISH THEREFOR; AND MAKING CERTAI OTHER FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH. (URGENCY) ]2 THE MAYOR AND COMMON COUNCIL OF' 'rHE CITY OF SAN BERNARDINO ]3 DO ORDAIN AS FOLLOWS: ]4 SECTION 1. Citation. This Ordinance may be cited as the 15 San Bernardino Flood Control and Storm Drain Improvement and ]6 Finance Procedural Ordinance (sometimes herein referred to as 17 "Flood Control and Storm Drain Ordinance" or "this Ordinance"). 18 Section 2. Necessity, Election. Heavy rains occurring in 19 the first months of 1980 have made the City increasingly aware of 20 severe deficiencies in its system of flood control and storm drain 21 facilities and the extent to which property in the City was 22 subject to actual or potential harm, loss and damage from flooding 23 and uncontrolled storm waters, all as more fully set forth in the 24 findings hereinafter set forth. 25 It is the intention of the Mayor and Common Council to submit 26 a proposition to the voters of the City at the earliest possible 27 date, so that, as nearly as may be practicable, the proceedings 28 hereunder can be taken and work on the most essential projects 'MC-6 ' Ir II commenced, if not completed, prior to the rains occurring next 2 !winter and the following winter. ! 3 (a) A special election has been called to be held in the 4 City on November 4, 1980, for the purpose of submitting to the 5 qualified voters of said City the proposition hereinafter set 6 forth of incurring indebtedness and issuing bonds of said City 7 therefor, in the principal amount stated in the ballot proposition 8 hereinafter set forth, and for the object and purpose set forth 9 in said Ordinance and in said ballot proposition. 10 (b) The estimated cost of the flood control and storm drain ]1 facility improvements referred to in said ballot proposition is ]2 the sum of $100,000,000. $60,000,000 of such estimated cost shall ]3 come from other sources and $40,000,000 from the proceeds of 14 bonds issued pursuant to said Ordinance. ]5 (c) On the ballots to be used at said special election, in 16 addition to any other matters required by law, there shall be ]7 printed substantially the following ballot proposition: 18 ]9 CITY OF SAN BERNARDINO - FLOOD CONTROL AND STORM DRAIN ASSESSMENT BONDS. For the purpose of providing flood control and storm drain facilities, shall the City incur a bonded indebtedness, payable from assess- ments levied on the property benefited by such facilities, in the sum of Forty Million Dollars? YES 20 21 NO 22 23 24 (d) If the proposition for the incurring of bonded 25 indebtedness receives the requisite number of votes, to wit, a 26 majority of the votes of the qualified electors voting on said 27 proposition, bonds of said City, in not exceeding the principal I 28 amount stated in such proposition, may be issued and sold for the -2- 10 acquisition, construction, improvement, completion, repair, ]1 management, reconstruction, administration, maintenance, operation ]2 and disposal of flood control and storm drain facilities, the 13 issuance and payment of bonds to pay the cost thereof, the making 14 of contributions therefor, and the making of covenants and 15 agreements with the bondholders for the security and payment of 16 such bonds, it is necessary for the City of San Bernardino 17 (hereinafter referred to as the "City") to exercise the powers 18 it has by virtue of being a home rule city and to provide such a 19 procedure. As used in this Ordinance "flood control and storm 20 drain facilities" includes, without limitation, flood control 21 and storm 22 / / / / / / / / / / 23 24 25 26 27 28 -3- (NEXT PAGE IS PAGE 6) MC-6 ; T I I object and purpose set forth in said proposition following the 2 procedures set forth in this Ordinance; and such affirmative vote 3 shall be deemed to have authorized the issuance of such amount of 4 bonds set forth in such proposition in compliance with the 5 applicable provisions of the Constitution of the State of 6 California, if any (without limiting the generality of the fore- 7 going, in particular, Article XIII B thereof). 8 Section 3. General Statement. The Mayor and Common Council 9 hereby find that in order to provide an orderly procedure for the 10 acquisition, construction, improvement, completion, repair, ]1 management, reconstruction, administration, maintenance, operation 12 and disposal of flood control and storm drain facilities, the 13 issuance and payment of bonds to pay the cost thereof, the making ]4 of contributions therefor, and the making of covenants and 15 agreements with the bondholders for the security and payment of 16 such bonds, it is necessary for the City of San Bernardino 17 (hereinafter referred to as the "City") to exercise the powers ]8 it has by virtue of being a home rule city and to provide such a 19 procedure. As used in this Ordinance "flood control and storm 20 drain facilities" includes, without limitation, flood control 21 and storm 22 / / / / / / / / / / 23 24 25 26 27 28 -3- (NEXT PAGE IS PAGE 6) MC-6 \' San Bernardinb 60,009-')-3 drain facilities with appurtenances and appurtenant works, including the City's share of any of such facilities or works that may be accomplished jointly or in cooperation with any Federal, State or local entity of government or any department or agency thereof or the contribution necessary to make facilities or works of any Federal, State or local entity of government or any department or agency thereof available to the City. The procedure pro- vided for herein is to be an alternative to any others provided by, under or pursuant to the Charter of the City or the general laws of the State. In addition to matters specified elsewhere in this Flood Control and Storm Drain Ordinance, the City is authorized to perform all acts necessary to carry out the intent and purposes of this Ordinance, including, without limitation, the following: (a) acquire, by condemnation, purchase, gift, lease or any other means, property necessary or convenient for use as flood control and storm drain facilities, including any property necessary or convenient therefor and appurtenances and appurtenant works; -6- C64-6 (ic) 3/5/80 MC-6' San Rernardino 60,009-:j-3 (b) improve any property by the construction thereon of flood control and storm drain facilities, appurtenances and appurtenant work, or other improve- ments necessary or convenient for flood control and storm drain purposes; (c) improve flood control and storm drain facilities and any property necessary or convenient therefor; (d) administer, maintain, operate, and repair flood control and storm drain facilities or provide therefor; (e) collect fees or charges to pay all or any part of the cost of improving, repairing, maintaining, and operating flood control and storm drain facilities and of acquiring and improving additional flood control and storm drain facilities; (f) levy assessments to pay all or any part of the cost of improving, repairing, maintaining, and operating flood control and storm drain facilities and of acquiring and improving addi- tional flood control and storm drain facilities; -7- C64-7 (ic) 3/5/80 MC-6 San Hernardino 60,009-5-3 (g) employ engineers, attorneys and other persons necessary or convenient for the doing of any act 8authorized by this Flood Control and Storm Drain Ordinance; and (h) do all acts and things necessary or convenient for the accomplishment of the purposes of this Flood Control and Storm Drain Ordinance. Section 4. Ordinance Not Exclusive. This Flood Control and Storm Drain Ordinance is not exclusive. The Mayor and Common Council shall have the power to provide other procedures or to follow procedures now or hereafter provided by general law; provided, however, that, whenever the City is acting pursuant to this Flood Control and Storm Drain Ordinance, the provisions of this Flood Control and Storm Drain Ordinance shall be controlling to the extent that they are in conflict with any of the provisions of said laws. Section 5. Initiation of Proceedings. Whenever the Mayor and COffiIDnn Council deem it necessary to provide flood control and storm drain facilities under and pursuant to this Flood Control and Storm Drain Ordinance, the Mayor and Common Council shall by resolution declare their inten- tion to proceed and shall describe in general terms the -8- C64-8 (icl 3/5/80 MC-6 San Bernardino 60,D09-5-3 . proposed improvements or acquisitions involved, the estimated costs or the improvements or acquisitions and the maximum amount of bonds, if any, to be issued to finance the improvements or acquisitions, such maximum amount of bonds not to exceed that specified. The require- ment of a resolution as provided for in this Section may be satisfied by the adoption of the resolution provided for in Section 6 hereof. Section 6. Investigation Act. Before ordering any acquisitions or improvements, or both, or the creation of any district pursuant hereto, the Mayor and Common Council shall find that the public convenience and necessity require such acquisitions or improvements, or both, in the manner provided in Section 19, Article XVI of the California Constitution, after carrying out the following procedures: (a) Preliminary Determination of Necessity. A resolution of preliminary determination shall be adopted describing in general terms the proposed improvement or acquisition and setting a time and place when and where any and all persons interested may appear and show cause, if any, they have, why the Mayor and Common Council should not find and determine that the public convenience and necessity -9- C64-9(ic) 3/5(80 MC-6 San Hcrniirdino 60,009-5-3 require the proposed acquisition or improvement without compliance .with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (the "Investigation Act"), Division 4 of the Streets and Highways Code of California. (b) Notice and Hearing. The resolution shall contain a notice of the time and place of hearing. A copy of the resolution shall be published in one issue of a newspaper published and circulated in the City, and a copy shall be posted on or near the door to the Council chambers or on a bulletin board in the City Hall. The posting and publication shall be had at least ten (10) days before the date of hear ing. The resolution may be incorporated into the resolution of intention to undertake such acquisi- tion and construction as required by this Ordinance. Such notice shall also be given by mailing a copy of the resolution at least fifteen (15) days before the time fixed for the hearing to each holder of title to taxable real property within the proposed improvement district as such ownership is shown on the last equalized county assessment roll. -10- C64-10 tiel 3/5/80 MC-6 .' San Iiernardino 60,009-5-3 lc) Objections. Any person interested may object to undertaking the proceedings without first complying with the provisions of the Investigation Act. Cd) Final Determination of Necessity. If no protests are made, or when the protests shall have been heard and overruled, the Mayor and Common Council may adopt a resolution finding and determining that the public convenience and necessity require the pro- posed improvements and/or acquisition, and that the Investigation Act shall not apply. The said finding may be incorporated in the resolution ordering the improvement and/or acquisition. le) Modification. When proceedings are had for a change and modification, the resolution of intention to change and modify shall be deemed a resolution of intention and the resolution ordering the change and modifications shall be deemed a resolution ordering the improvement or acquisition as to the changes and modifications. If) Jurisdiction. The resolution determining the convenience and necessity shall be adopted by -ll- C64-11lic) 3/5/80 MC-6 San Bernat-dino 60,009-5-3 the affirmative vote of four-fifths (4/5) of the Common Council, and its finding and determination shall be final and conclusive. (g) Nonapplication. This Section shall not apply when investigation proceedings have been avoided or taken pursuant to the Investigation Act. (h) Finality. Where proceedings for any improvements and/or acquisitions or any part thereof have been undertaken without compliance with the Investigation Act or without proceedings under this Section, proceedings may thereafter be had under this Section with reference thereto, and the order of the Mayor and Common Council determining con- venience and necessity therein shall be final and conclusive. Section 7. General Provisions. The following general provisions shall apply to all proceedings taken hereunder: (a) City Initiation. The City may prepare a report, adop-t a resolu-tion of intention, form one or more flood control and storm drain districts (.,hich may consist of all or any portion of the City), or -12- C64-12licl 3/5/80 MC-6 San Bernardino 60~009-5-3 take any other action to provide flood control and storm drain facilities without any petition therefor. Such report shall be substantially similar to that described in Section 10204 of the Streets and Highways Code except that it shall not be necessary that detailed plans and specifications be prepared; pro- vided that said report contains a reasonably detailed description of the improvements to be acquired or constructed and a reasonably detailed cost estimate thereof. (b) Majority Protest. The Mayor and Common Council, in their discretion, may set forth in a resolution the basis for determining the existence of a majority protest, which may include, but shall not be limited to, land area, assessed valuation of real property, assessed valuation of land only or the number of property owners or parcels of land in the proposed improvement district. (c) Location of Facilities. When a flood control and storm drain district is formed it shall not be necessary for all flood control and storm drain facilities to be located within the district or within the City; provided that before acquiring or constructing facilities outside of the City, the -13- C64-13(ic) 3/5/80 MC-6 San Bernardino 60,.009-5-3 consent of the legislative body of the city or county, as the case may be, having jurisdiction over the territory in which such facilities are to be located is first obtained. Cd) Elapse of Time. It shall not be necessary for any specified time to elapse between the perfor- mance of acts except as otherwise required by this Ordinance. (e) Period of Notice. The first publication and the mailing of any resolution or notice required hereunder shall not be made later than fifteen (15) days before the day fixed therein for the hearing or other act to which the notice refers. Cf) Resolution Sufficient. The Mayor and Common Council may act by resolution where an ordinance is provided. (g) Assessment Upon Public Property. Whenever proceedings are to be undertaken hereunder, the Mayor and Common Council may provide in the Resolution of Intention that any real property or land, as the case may be, belonging to any county, city, public agency, school board, educational, penal or reform institution -14- C64-14Ci.c) 3/5(80 MC-6 San Berna.rdino 60,009-5-3 or institution for the feeble minded or the insane shall be assessed in accordance with the provisions of Sections 5300-5325, inclusive, of the Streets and Highways Code of the State as the same now appear or are hereafter amended. (h) When Bonds May Be Issued. Bonds may be issued at such time or times as the Mayor and Common Council, in their discretion by resolution determine, including, but not limited to: (i) before contract- ing or obtaining options for the purchase of land, property or rights-of-way to be acquired, or obtaining a judgment in eminent domain for the acquisition thereof, or (ii) before detailed plans and specifications have been prepared; provided that a reasonably detailed description of the improvements to be acquired and a reasonably detailed cost estimate thereof is set forth in the proceedings. (i) Payment of Bonds. Any bonds issued in proceedings taken hereunder, the interest thereon, and premium, if any, shall be payable from assess- ments levied, as determined by the Mayor and Common Council, upon land only or upon all real property within the district. The resolution of intention shall state the basis upon which the assessment is to be levied. -15- C67-l (ic) 3/5/80 MC-6 San Bernardin'o 60;009-5-3 (j) Registration and Redemption. The Mayor and Common Council shall, by resolution, prescribe the form of the bonds and of the coupons attached thereto, the conversion and registration privileges carried by the bonds and fix the time when the whole or any part of the principal shall become due and payable. The Mayor and Common Council may provide for the call and redemption of bonds prior to maturity at such times and prices and upon such other terms as they may specify. A bond shall not be subject to call or redemption prior to maturity unless it contains a recital to that effect. (k) Divisions. The bonds may be issued in different divisions with different dates and dates of maturity. (1) Bids for Bonds: Sale to Hiqhest Responsible Bidder: Rejection of Bids: Readvertisement: Private Sale: Use of Proceeds. (1) The bonds shall be sold for such price or prices as the Mayor and Common Council, in their discretion, shall determine, which may be at the par value thereof with or without premium -16- C67-2 (ic) 3/5/80 MC-6 San Bernat-dino 60,009-5-2 or discount. The bonds may be sold at public or private sale as the Mayor and Common Council shall determine. If the Mayor and Common Council determine to sell the bonds by private sale, the same shall be awarded by resolution to the buyer or buyers thereof. If the Mayor and Common Council determine to sell the bonds at public sale, before selling the bonds or any part thereof, the City Clerk of the City shall give notice inviting sealed bids in such manner as the Mayor and Common Council shall prescribe. If satis- factory bids are received, the bonds offered for sale shall be awarded by resolution to the highest responsible bidder. If no bids are received, or if the Mayor and Common Council determine that the bids received are not satisfactory as to price or responsibility of the bidders, they may reject all bids received, if any, and either readvertise or sell the bonds at private sale. (2) The purposes for which the proceeds of the bonds may be used may also include, with- out limitation, incidental expenses, such as engineering, appraisal, legal fees, bond counsel fees, financial consultant fees, land and rights- of-way acquisition, reserve funds and expenses -17- C67-3lic) 3/5/80 MC-6 San Bernardino 60,009-5-3 of financing the district, if any, and expenses of all proceedings for the authorization, issuance and sale of the bonds or related thereto. (m) Two Districts. Territory included in one district may be included in another district if the Mayor and Common Council shall find that the territory will be benefited by being included in the subsequent district. (n) Bonds: Additional Sources of Payment. The Mayor and Common Council, in their sole discretion, may provide in the resolution required by Section 4 or Section 5, hereof, that bonds, both principal and interest, issued for the purposes provided for herein may be additionally payable from any legally available source of funds, including, without limitation, any revenues derived from the operation of the flood control and storm drain facilities or grants from other governmental agencies to the City to be used for any of the purposes set forth herein. (0) Rental of Facilities. The City may acquire, construct, rent, lease, maintain, repair, manage and operate all or any portion of any real and personal -18- C67-4(ic) 3/5/80 MC-6 San Bern~rdino 60,D09-5-3 property for the purpose of providing flood control and storm drain facilities and may provide by lease or otherwise with any person, firm, corporation, or non- profit association or corporation for the management, operation, maintenance or repair of the flood control and storm drain facilities. (p) Incidental Use. As an incident to the opera- tion of any flood control and storm drain facilities, the City may devote a portion of its property to other incidental public or private uses. Any such incidental use shall be secondary to the primary use as flood control and storm drain facilities. The Mayor and Common Council shall use its best efforts to lease surplus land or facilities to any person, firm, corporation, or nonprofit association or corporation as the Mayor and Common Council shall determine. As an incidental use to the flood control and storm drain facilities, foundations, platforms and other like structural forms may be constructed in any feasible manner, as an integral part thereof or otherwise, for provision or utilization of air rights sites for buildings to be used for, without -19- C67=5(ic) 3/5/80 MC-6 San Bernardino 60,009-5-3 limitation, residential, commercial or other uses, provided that the cost of such structural forms shall be recovered from the parties utilizing such air rights sites and used, as determined by the Mayor and Common Council, to pay the costs of acquisition, construction, ilnprovement, completion, repair, management, reconstruction, administration, maintenance or operation of the flood control and storm drain facilities involved or other flood control and storm drain facilities located within the City. (q) Disposition of Property. The Mayor and Common Council, subject to the provisions of the City Charter, may determine that any parcel of property acquired from the proceeds of the bonds, or any improve- ments, extensions or replacements thereof or additions thereto, are no longer needed for flood control and storm drain purposes or such facilities may be otherwise better provided. Subject to the provisions of the City Charter, and any restriction in the resolution providing for the issuance of any outstanding bonds relating to the facilities involved, the property may thereafter be sold, leased or otherwise disposed of, either during or after the term of the bonds and the proceeds placed in a fund as designated by the Mayor and Common -20- C68-I(ic) 3/5/80 ~~ San Bernardino 60,009-5-3 Council and used for the purposes of this Flood Control and Storm Drain Ordinance. (r) Other Procedures. When proceedings are had under this Flood Control and Storm Drain Ordinance its provisions may be supplemented by other proceedings or as otherwise provided in the Resolution of Intention, including, without limitation, provisions for credit for flood control and storm drain facilities made available for public or private uses pursuant to agree~~nt with the City, credit for taxes or assess- ments paid to the City and used primarily for flood control and storm drain facilities purposes, and the replenishment for reserve funds. Section 8. Procedural Requirements. Any part or parts of the City may be created and operated as a district or districts for the acquisition, construction, improvement, completion, repair, management, reconstruction, administration, maintenance and operation of flood control and storm drain facilities; bonds to pay the cost thereof may be issued and paid; contributions may be made, covenants and agreements with the bondholders for the security and payment of such bonds may be made; and the Mayor and Common Council shall have the powers, jurisdiction and authority, -21- C68-2lic) 3/5/80 MC-6 San'l3ern'a'rdino 60,009-3-5 all as now or hereafter provided in the Improvement Bond Act of 1915, the Municipal Improvement Act of 1913 and the Improvement Act of 1911 (hereinafter referred to as the "Acts"), and, except as otherwise permitted or provided by this Ordinance, the City shall follow the procedures set forth in such of the Acts as it elects to use in carrying out any proceedings hereunder. Section 9. Establishment of Zones. If, in the judgment of the Mayor and Common Council, varying benefits will be derived by the different parcels of real property or land only, as the case may be, lying within any improve- ment district formed hereunder, such district may be divided into zones according to benefits. (a) Number. The district may be divided into as many zones, up to the total number of parcels of real property or land only, as the case may be, in the district as may be deemed necessary, and each zone shall be composed of and include all the real property or land only, as the case may be, within the district which will be benefited in like manner. (b) percentaqe. The 11ayor and Common Council shall also determine the percentage of the sum to be raised each year by the levy and collection of the -22- C68-3lic) 3(5(80 MC-6 San Berna'J:'dino 60,009-5-3 special assessments in the district for the payments on the principal and interest on the bonds, which will be raised from the real property or land only, as the case may be, in each zone. (c) Resolution of Intention. When the district is divided into such zones, the resolution of inten- tion shall so state, giving said percentages to be raised from the real property or land only, as the case may be, in each zone. (d) Designation. Each zone shall be designated by a different letter or number and shall be plainly shown on the map of the improvement district filed in the office of the City Clerk and referred to in the resolution of intention, either by separate boundaries, coloring or other convenient and graphic method, so that all persons interested may, with accuracy, ascertain within which zone any parcel of property is located. (e) Plat. It shall be sufficient, in all cases where the improvement district is to be divided into such zones according to benefits, if the resolution of intention states that fact and refers to the map for the boundaries and all details concerning the zones. -23- C68-4(icl 3/5/80 MC-6 San Bernardino 60,009-5-3 , . (f) Changes in Boundaries at Hearing. At the hearing, the Mayor and Common Council may eliminate, create or alter the boundaries of proposed zones in the manner provided for the alteration of the boundaries of the proposed district. (g) Subsequent Changes in Boundaries. If the Mayor and Common Council shall from time to time determine that the public interest will be served thereby, they may from time to time, subject to any covenants in the proceedings for the issuance of the bonds, add property to a zone or transfer property from a zone of lesser benefit to a zone of greater benefit, in the manner provided for enlarging the improvement district. Section 10. Charges. Should the Mayor and Common Council determine to prescribe, revise and collect fees, tolls, rates, rentals and other charges (other than special assessments), including but not necessarily limited to service charges and standby or maximum charges for any or all of the services or facilities furnished to the residents and taxpayers of any improvement district formed hereunder (to the extent that the same are lawful), charges for the availability of the facilities of any such -24- C68-5(ic) 3(5(80 MC-6 San-Bernardino 60;009-5-3 district regardless of whether the facilities are used or not, the same shall be done by resolution. Such charges shall be payable on a uniform and equitable basis by the owner of the property to which the facilities of such district are available, including the owners of publicly- owned property and shall not exceed the cost to the City of providing such services or facilities to such property. Any delinquent charges and all penalties thereon when recorded as hereinafter provided shall constitute a lien on the real property to which the facilities of the district are available (except that no such lien shall be created against any publicly-owned property), and such lien shall continue until the charge and all penalties thereon are fully paid or the property sold therefor. All remedies provided for collection of due and unpaid charges which are provided in the Revenue Bond Law of 1941 of the State of California (commencing with Government Code Section 54300) may be exercised to enforce payment of any charges levied under this Section. A resolution prescribing or revising such charges shall not be adopted until the Mayor and Common Council have given notice of and held a hearing thereon substantially as provided in Section 54354.5 of the Government Code, being part of said Revenue Bond Law of 1941. Moneys collected by the City through the imposition of any such charges shall be used as credits against unpaid assessments in such district, to be applied -25- C68-6(ic) 3/5/80 MC-6 San ~ernardino 60,009-5-3 to maintenance and operation of any storm drain or flood control facilities or improvements in such district, or for the acquisition of additional such facilities or improvements in such district as the Mayor and Cornmon Council may direct by resolution. Section 11. Maintenance and Operation; Maintenance Districts. The City may apply any available funds to the maintenance and operation of any facilities or improvements acquired or constructed in proceedings taken pursuant to the provisions of this Ordinance. The City may also form maintenance districts for the purpose of raising funds with which to meet the annual costs of maintenance and operation of any such facilities or improvements. Any such maintenance district shall be formed only after the Mayor and Cornmon Council have duly called and held a public hearing on the question of the formation of such maintenance district, the boundaries thereof, and the basis upon which annual assessments against real property in such maintenance district are to be levied. Section 12. Notice of Hearing on Formation of Maintenance District. Maintenance district formation hearings shall be noticed in the same time and manner as -26- C68-7(ic) 3/5/80 Kc.:.i; . : Sal). 'BernardinQ 60;'009-5-3 hearings on the question of the formation of an improve- ment district for the purpose of acquiring, constructing and financing any facilities or improvements hereunder. Section 13. Combined Formation. Proceedings for the formation of a maintenance district may be taken concurrently with and as a part of proceedings for the formation of an improvement district hereunder, and in any such case the notices to be mailed, posted and pub- lished shall give notice of a single combined hearing to be held by the Mayor and Common Council on the questions of the formation of an improvement district and the acquisition, construction and financing of facilities and improvements therefor, and of the formation of such maintenance district and the basis upon which such annual assessments against such real property therein are to be levied. Section 14. Estimate of Costs of Maintenance and Operation; Special Maintenance Assessment. The Mayor and Common Council shall, in each year, at the time of making the budget for the City for such year, estimate the cost of maintaining and operating the said improve- ments to be maintained and operated wi,thin said maintenance district during the ensuing year. Said Mayor and Common Council shall decide whether or not the cost of the same -27- C68-8 (ic) 3/5/80 MC-6 r .1 " . I shall be borne wholly or partially by the said maintenance 2 district and shall levy a special maintenance assessment against 3 each parcel of real property within said maintenance district 4 sufficient to raise an amount of money to cover the expense of 5 maintaining said improvements during the ensuing year, or such 6 portion of said amount as the Mayor and Common Council shall 7 determine shall be borne by said district, and the Mayor and 8 Common Council shall levy a special maintenance assessment each 9 year upon the real property in such district sufficient to pay 10 such expense or the portion thereof which must be paid by the 11 district. 12 Section 15 thru Section 33 reserved. 13 Section 34. Ordinances Repealed. proceedings may be 14 conducted under this Flood Control and Storm Drain Ordinance 15 regardless of the fact that ordinances and parts of ordinances 16 may be in conflict with this Ordinance, it being the intent of 17 the City to use this Flood Control and Storm Drain Ordinance in 18 conjunction with any other powers it may have and not to be 19 limited by the contents of any other City Ordinance. 20 Section 35. Statement of policy, Severability. The Mayor 21 and Common Council hereby declare that this Ordinance is an 22 exercise of the power granted to the City by the Constitution of 23 the State of California, and is an exercise by the City of its 24 municipal affairs powers and this Flood Control and Storm Drain 25 Ordinance shall be liberally construed to be valid under the 26 Constitution of the State of California and the Constitution of 27 the United States of America. If any section, paragraph, sub- 28 division, sentence, clause or phrase of this Flood Control and -28- MC>-6 ; ]" II I I Storm Drain Ordinance shall for any reason be adjudged by any 2 court of competent jurisdiction to be unconstitutional, unenforce- 3 able or invalid, such judgment shall not affect the validity of 4 the remaining portion of this Ordinance. The Mayor and Common 5 Council hereby declare that this Flood Control and Storm Drain 6 Ordinance and each and every other section, paragraph, subdivision 7 sentence, clause or phrase hereof would have been adopted 8 irrespective of the fact that anyone or more sections, paragraphs 9 subdivisions, sentences, clauses or phrases of this Flood Control 10 and Storm Drain Ordinance may be held to be unconstitutional, 11 unenforceable or invalid. 12 Section 36. The City Clerk shall cause this Ordinance to be 13 published once in the San Bernardino Sun-Telegram. 14 Section 37. Effective Date. This Flood Control and Storm 15 Drain Ordinance is an urgency ordinance adopted in connection 16 with the special municipal election consolidated with the State- 17 wide General Election to be held on November 4, 1980. This 18 ordinance shall take effect immediately upon its adoption. 19 I HEREBY CERTIFY that the foregoing ordinance was duly 20 adopted by the Mayor and Common Council of the City of San 21 Bernardino at a ~ 71kW . :(,wJw / , 1980, by the following meeting thereof, held 22 on the J/,j day of 23 vote, to wit: 24 / / / / / / / / / / 25 26 27 28 -29- MC-6 : - . , I' . AYES: Councilmen ~ / .. , ."nuf /L '? '/ ~. -,d~ (I U '};{ U? . ~ >4J. '.11 ~~. ~" 't~ 'd. :f1-%j ~ ,n ci0,,- . A ~ y "",,, '& , // 2 3 4 5 6 7 8 of 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NAYS: ABSENT: -.rLb/L//d/ .t5JJ2AP: / City Clert The foregoing ordinance is hereby approved this ,d~ day 1~104 tv , 1980. 7,/] //7 , ,/ //. .., J' '. ..' / /,.' ~-<->.<- .> . -,_/~~~/ Mayor o~the Cit~,of San ~ernardino v -30-