The URL can be used to link to this page

Home My WebLink About1988-163 , ~ " , 1 RESOLUTION NO. 88-163 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND 2 DIRECTING THE EXECUTION OF A JOINT COMMUNITY FACILITIES DISTRICT 3 AGREEMENT WITH CITY OF COLTON. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 SECTION 1. The Mayor of the City of San Bern.ardino i s 6 hereby authorized and directed to execute for and on behalf of 7 said City a Joint Community Facilities District Agreement with 8 the City of Colton for initiating proceedings for Community 9 Facilities District No. 881-1, a copy of which is attached hereto 10 as Exhibit "A" and incorporated herein by this reference as though 11 fully set forth at length. 12 I HEREBY CERTIFY that the foregoing resolution was duly 13 adopted by the Mayor and Common Council of the City of San 14 Bernardino at a Regular meeting thereof, held on this 15 6th day of 1988 by the following vote, to June , 16 wit: 17 18 19 20 21 22 23 24 of 25 26 27 28 4/28/88 AYES: Cou nc i 1 Members Estrada, Reilly, Flores, Maudsley, Minor, Miller NAYS: ABSENT: None Council Member Pope-Ludlam The foregoing resolution is ,~2'//?;'/41k~/ ./ City Clerk approved this 7t~day June , 1988. form and ./ . . JOINT COMMUNITY FACILITIES DISTRICT AGREEMENT TH I S AGREEMENT is made and entered into this -:?.J/t-/ day of June, 1988, by and between the CITY OF COLTON, CALIFORNIA ("COLTON"), a municipal corporation of the State of California, and the CITY OF SAN BERNARDINO, CALIFORNIA ("SAN BERNARDINO"), municipal corporation of the State of California. WHEREAS, COLTON at this time is considering the initiation of proceedings for the formation of a community facilities district pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, said community facilities district to be known and designated as COMMUNITY FACILITIES DISTRICT NO. 88-1 (hereinafter referred to as the "District"); and, WHEREAS, the District contemplates the construction and financing of certain major drainage improvements, together with appurtenances and appurtenant work in connec- tion therewith, which capital public facility will serve and benefit properties not only wi thin the incorporated limits of COLTON but also within the incorporated limits of SAN BERNARDINO; and, WHEREAS, at this time COLTON and SAN BERNARDINO are desirous to enter into a Joint Community Facilities District Agreement to set forth the terms and conditions to allow the proceedings to go forward and authorize special taxes to be levied on all property within the boundaries of the proposed District. NOW, THEREFORE, IT IS MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS: SECTION 1. SECTION 2. SECTION 3. SECTION 4. COLTON shall continue to conduct all proceedings, including the public hearing and election, as necessary for the proceedings for formation of a community facilities district pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Gover.nment Code of the State of California. SAN BERNARDINO does hereby expressly grant consent and exclusive juris- diction to COLTON to allow COLTON to conduct said proceedings, hold the public hearing, conduct the election, and also levy special taxes on all propertird within the boundaries of the District, including those properties within the incorporated limits of SAN BERNARDINO. The properties within the boundaries of the District within the incorpo- rated limits of SAN BERNARDINO will be obligated to pay special taxes for their proportionate share of the costs and expenses of the Citrus Street storm drain, which proportionate share is hereby agreed to be approximately 60% of the cost of such capital improvements. Said properties shall not be liable or responsible for any special taxes for any new and additional services or other facilities as proposed to be levied within the District. The works of improvement and facilities as proposed to be constructed under the proceedings for the District are generally described as follows: SECTION 5. SECTION 6. SECTION 7. A. THAT PORTION FOR WHICH SPECIAL TAXES SHALL BE ASSESSED AGAINST PROPERTIES IN THE CITY OF COLTON AND CITY OF SAN BERNARDINO: The construction and installation of a major drainage improvement designated CITRUS STREET STORM DRAIN, commencing at the intersec- tion of Citrus Street and Eighth Avenue, extending Westerly approxi- mately 6200 feet to a point Easterly of the Southern Pacific Railroad right-of-way (66" pipe to 36" pipe) B. THAT PORTION FOR WHICH SPECIAL TAXES SHALL BE ASSESSED AGAINST PROPERTIES IN THE CITY OF COLTON ONLY: (1) The construction of certain park improvements, consisting of landscaping, irrigation and appurtenant work to the designated Soccer Field Area (2) The construction of necessary street paving and resurfacing to streets within the boundaries of the District. The services proposed to be financed under these proceedings are generally described as follows: Necessary and additional police protection services to serve the proper- ties wi thin the boundaries of the District within the incorporated limits of the City of Colton. Properties within the City of San Bernardino shall not be assessed, either directly or indirectly, for the cost of such additional services. It is proposed that bonds will be" issued to finance the costs and expenses of the proposed public capital facility construction and incidentals in an amount NOT TO EXCEED $4,000,000.00. Properties within the City of San Bernardino shall be subject to maximum liability for the principal amount or such bonds not to exceed $2,500,000.00 The rate, method and apportionment of the maximum annual special tax is set forth as follows: TAX CATEGORY MAXIMUM SPECIAL TAX AMOUNT FY 1988-1989 Residential which has been improved with dwelling units in the City of Colton $759 per dwelling unit but not less than $2644 per acre Residential which has been $661 per dwelling improved with dwelling units unit but not less in the City of San Bernardino than $2644 per acre Residential which has been subdivided into recorded lots but has not been improved in either San Bernardino or Colton $661 per recorded lot but not less than $2644 per acre MAXIMUM SPECIAL TAX AMOUNT FY 2012-2013 $1220.80 per dwell- ing unit but not less than $4252.71 per acre $1063.18 per dwell- ing unit but not less than $4252.71 per acre $1063.18 per recorded lot but not less than $4252.71 per acre ... , , SECTION 8. SECTION 9. ... . . . TAX CATEGORY MAXIMUM SPECIAL TAX AMOUNT FY 1988-1989 MAXIMUM SPECIAL TAX AMOUNT FY 2012-2013 Residential for which a tentative tract map has been approved in either San Bernardino or Colton $661 per approved tentative lot but less than $2644 per acre $1063.18 per approved tentative lot but not less than $4252.71 per acre All of other categories of land use in either San Bernardino or Colton $4252.71 per acre $2644 per acre The above taxes shall be applicable for the fiscal year 1988/89. The special tax on properties within the City of San Bernardino, pursuant to this Agreement, shall be subject to annual escalation in an amount not to exceed 2% per year through fiscal year 2012-2013. Except for such annual escalation, the special tax levied on properties within the City of San Bernardino shall not be increased during the life of the obligation. The annual escalation of the special tax on properties within the City of San Bernardino shall be authorized only if it is determined that such escalation is necessary to pay the principal portion of the bonds for which the properties within the City of San Bernardino are liable. Taxes on properties in the City of San Bernardino shall be levied for the lesser of 25 years or until accumulated payments in. an amount equivalent to principal and interest for financing utilized to pay the proportionate share of the cost of the construction of the citrus Street storm drain, as set forth hereinabove, has been collected from such properties. APPLICATION OF TAX Any authorized park improvements, street pavement and resurfacing and addi tional police services shall be annually funded exclusively on properties within the City of Colton. Payment of such costs shall not be made from any taxes assessed hereunder until after the payment for all costs and expense, including principal and interest, necessary for payment on any outstanding bonds. Upon the approval of this Agreement, all future proceedings for the formation of the District shall be held and conducted by COLTON, and SAN BERNARDINO does hereby expressly consent and jointly agree, through execution of this Agreement, to allow the proceedings to go forward and authozize the special taxes to be levied on the properties within the boundaries of the District lying within the incorporated limits of SAN BERNARDINO, in the manner and in the amounts as herein set forth. It is contemplated that the obligation created hereunder will be ultimately assumed by purchasers of single-family dwellings. In addition to any other Notice required by law, each initial purchaser of such single-family dwelling within the City of San Bernardino shall be required to sign a statement declaring that they are aware of the ->... ~. , 1 Community Facilities District and the special tax provided thereby. Such purchaser shall specif ically acknowledge their awareness of the assessment. Such purchaser shall be advised of the amount of their first year special tax obligation and shall be provided with a schedule showing the anticipated annual requirement during the life of the obligation. In any action ar~s~ng from a failure to provide such notice or from questions of the accuracy of the representations contained therein, the City of Colton shall indemnify the City of San Bernardino in the manner set forth in SECTION 10. below. SECTION 10. COLTON does hereby agree to indemnify and hold SAN BERNARDINO harmless for any actions, acts or activity as it relates to the conducting of the proceedings, holding the public hearings and election, and issuance and sale of bonds for these proceedings for this District. SECTION 11. The drainage improvement s as descr ibed in SECTION 4. A. of this Agreement shall satisfy all drainage requirements of the City of Colton pertaining to the development of the properties within the proposed District located within the City of San Bernardino. SECTION 12. This Agreement shall be null and void if the District has not been established within three (3) years of the date of final approval and execution of this Agreement. SECTION 13. This Agreement const itutes the entire agreement between the parties hereto and any amendments or additions hereto shall be in writing. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first hereinabove written. ATTEST: ~~t?~~ CITY OF COLTON ~~~ MAYOR CITY OF COLTON CITY CLERK CITY OF COLTON STATE OF CALIFORNIA ATTEST: ~ O~'::;Rffi ~ ~ CITY OF SAN BERNARDINO STATE OF CALIFORNIA ~p71Lb~N/' CI T~ CLE.RK CITY OF SAN BERNARDINO STATE OF CALIFORNIA APPROVED AS TO FORM AND~ ~ Ci Attorn