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HomeMy WebLinkAbout1989-486 SBE00099-9/3273S/sf 12/01/89 0340 RESOLUTION NO. Rg-IlA6-- 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 WHEREAS, the City of San Bernardino, California (the "ci ty") has simultaneous ly herewith adopted an Urgency Ordinance (the "Urgency Ordinance") 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 Urgency 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 is currently in the process of amending the San Bernardino Municipal Code in order to establish a permanent - 1 - infrastructure fee for the purposes of financing the costs of the Right-of-Way Improvements and the Public Improvements, which amendment will not be effective until approximately March of 1990; and WHEREAS, the City deems it imperative in order to avoid any material adverse effects on the health, safety and welfare of the citizens of the City that an interim Infrastructure Fee be established pursuant to the Urgency Ordinance and that the City cause the levy of said Infrastructure Fee in accordance wi th the terms of this Resolution; and WHEREAS, the City deems it desirable Resolution in order to set the Infrastructure Fee pursuant to the Urgency Ordinance and provide for increases in the amount of the Infrastructure Fee. to adopt this as authorized any subsequent 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 $7,368.69 per Equivalent Dwelling Unit as said term is defined in the Urgency 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 - 2 - , 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. Voluntary Prepayment. At the option of a fee payer or developer, the total dollar amount of the Infrastructure Fee set by this Resolution and attributable to a parcel of property of such fee payer or developer within the Verdemont Area may be vOluntarily prepaid immediately upon the effective date of this Resolution and for a period of thirty (30) days thereafter. Such voluntary prepayment will exempt the fee payer or developer from paying any increases in the initial Infrastructure Fee which may be attributable solely to an increase in the costs of the Right-of-Way Improvements or the financing of the Right-of-Way Improvements. As an alternative, any fee payer or developer may (i) receive as a credit towards the Infrastructure Fee attributable to such fee payer or developer, all or a portion of the costs of any Right-of-Way Improvements that may be or may have been acquired, constructed or installed by such fee payer or developer or (ii) may voluntarily prepay only a portion of the initial Infrastructure Fee subject to such fee payer or developer's commi tment to pay the remaining portion of the Improvement Fee as hereinafter provided. In the event a fee payer or a developer opts to pay only a portion of the Infrastructure Fee as hereinabove - 3 - provided, the portion to be prepaid shall equal thirty percent (30%) of the entire Infrastructure Fee attributable to such fee payer or developer and said fee payer or developer will execute an agreement with the City whereby such fee payer or developer will agree to pay the remaining balance of the Infrastructure Fee attributable to such fee payer or developer, with interest accruing at twelve percent (12%) annually, at the earlier of (i) the time such fee payer or developer would otherwise be required to pay the Infrastructure Fee under the terms of the Urgency Ordinance or (ii) five (5) years from the date of adoption of this Resolution. Section 3. Time of Pavment. To the extent any fee payer or developer does not vOluntarily prepay the Infrastructure Fee as provided in Section 2, hereof, the Infrastructure Fees as set forth in this Resolution and attributable to a parcel of property of such fee payer or developer within the Verdemont Area shall be paid at the times and in the manner as set forth in the Urgency Ordinance. - 4 - Section 4. This Resolution shall take effect upon the date of its adoption and shall remain in effect for the same period that the Urgency Ordinance remains in effect, and for the period of any extensions to the Urgency Ordinance. I HEREBY adopted by the San Bernardino at held on the 4th the following vote, CERTIFY Mayor a that the foregoing and Common Council reqular day of to wit: resolution of the meeting was duly City of thereof, 1989, by December AYES: Council Members Estrada. Reillv. Maudslev. Minor. Pone-Ludlam. Miller NAYS: Council Member FlorAs ABSENT: NnnA ~~'{l7d<4lIt~/ City Clerk day of The foregoing resolution is hereby approved December , 1989. i;6 d~ / Mayor of t City San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney ^ 71 ';~~/Vl'~_ By: .d7/1~~ //, '-./ - 5 -