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'.' COUNCILACrIOtICOR.....ItCE
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To' .-.... E.. ~
'~~.City~
om May 19. 1988
Subjlc:t
AppI:l:Jval()f .Jo:lnt ('........."'\ity
FacW.t1.es Di8trict~t
for the pul:p08e ()fa1' ting
draUlllp. ptob~in the mrth-
west area of City of Co1tal
.......O..MIIy 16, 1988
. AgIndlI ltern No. 2
;,.};;
'..;;..' \ ,
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'1beMtlJoraldO...;..,CoID:i1 haw ..'
.11-6. 1.~,At: q.'Vl . .... . . purpose of adopt a
1'e8Olution ~ .~. executiOn of a Joiil;t:~~ty/
.1'idlt1.es DlatrtCt'.ec.....d. w:Lththe City ,Of Coltchlrtii
ordlerto a1.1eY1ate~prOb1eall1n the 1&I.,t1..Jelitarea
of the City Of Colton. . .
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S::kbb
CC~ P1m1ic \hies/City .~
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~
~AUNA CLARK
CltyQork
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IS
--
~ CITY OF SAN BERNCJ4DINO - REQUEST lOR C()UNCIL ACTION
From:
James E. Robbins
Acting City Administrator
Subject:
Set Hearing -- June 6, 1988 at
9:30 a.m. -- approval of Joint
Community Facilities District
Agreement for ~he purpose of
alleviating drainage problems
in the northwest area of City of
C'Qlto~
:rRf
Dept:
Administrative
Date:
May 6, 1988
Synopsis of Previous Council action:
NONE.
Racommended motion:
That a hearing be scheduled for June 6, 1988 at 9:30 a.m. for the
purpose of adopting a resolution authorizing the execution of a
Joint Community Facilities District agreement with the City of Colton
in order to alleviate drainage problems in the northwest area of the
City of Colton.
1I~ ~A3
(j Signature
Contact person:
Roqer Hardqrave
Phone:
5025
Supporting data attached:
No
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.!
(Acct, Descriotion)
Finance:
Council Notes:
75-0262
Am:mrl~ Itpm Nn
Ii
r lit: '-"0. IK l.jtf:J1
:- CITY OF SAN BERNCRDINO - REQUEST 'OR COUNCIL ACTION
From:
ROGER G. HARDGRAVE
Subject:
Authorization to Execute Joint
Community Facilities District
Agreement with City of Colton
---Establishment of Communit
Facilities District No. 88-1
Public Works/Engineering
Dept:
Date:
4-28-88
Synopsis of Previous Council action:
None.
Racommended motion:
Adopt resolution.
cc: Jim Robbins
Jim Penman
Jim Richardson
Contact person:
Roger G. Hardgrave
Staff Report, Map
and Agenda Report
Phone:
Supporting data attached:
Ward:
5025
3
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct, No,)
(Acct, DescriPtion)
Finance:
Council Notes:
75-0262
Agenda Item No,
':'CITY OF SAN BERNODINO - REQUEST FCJI COUNCIL ACTION
STAFF REPORT
Page 1 of 2
The Forecast Corporation owns property south of Mill
Street, and east of the Southern Pacific Railway, as shown in
the attached map. The northerly half of this property is within
the City of San Bernardino, and the southerly half is within the
City of Colton.
Colton has experienced severe flooding problems in this
general area. Development of Tract No. 13457 in the City of San
Bernardino would aggravate this problem by increasing the amount
of storm water runoff.
In order to solve the flooding problem in this area,
Colton and Forecast have jointly developed a proposed storm drain
project. This p~oject would install a 48 - 84-inch storm drain
along Randall Avenue, from the Forecast property to the Lytle
Creek Flood Control Channel.
Funds to finance the cost of this storm drain project
will be derived from a variety of sources. One of these sources
is the proposed Community Facilities District under the Mello _
Roos Act. This district will be placed on all of Forecast's
property, both in Colton and San Bernardino. Execution of the
Joint Community Facilities District is needed to authorize Colton
to act as Lead Agency and establish the District, which will levy
a special tax upon the lots in San Bernardino. The tax on lots
within San Bernardino will be used solely for the cost of the
major drainage improvements, and will not exceed $661 per dwelling
unit per year.
The special ~ax on lots within Colton will also be used
for park and street improvements, and police protection services.
This tax shall not exceed $759 per dwelling unit per year for
lots within Colton.
Buyers will be required to sign a statement that they are
aware of the Community Services District and the special tax that
will be included on their property tax bill, until the debt in-
curred for major drainage improvements is repaid. Leslie Keane,
Assistant City Manager, has indicated that this provision could
be added to the agreement if desired.
An inquiry was made if ,the storm drainage fees, collected
from Tract No. 13457, could be applied against the cost of the
storm drain, in order to reduce the special tax levied against
lots within San Bernardino. A formal request will be forthcoming
from Colton.
Establishment of the Community Services District will
mitigate environment impacts from flooding, and avoid comments
from Colton that approval of Tract No. 13457 will worsen their
flooding problems.
4-28-88
75-0264
.. CITY OF SAN BERNG'DINO - RIIQUIIST FOR COUNCIL ACTION
STAFF REPORT
Page 2 of 2
A copy of Colton's Agenda Report, for the Council
Meeting of 4-05-88, is attached for reference.
We recommend that authorization to execute the Joint
Community Facilities District Agreement be granted.
4-28-88
75-0264
. ~
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4/28/88
,CITY OF COLTON
o AGENDA REPORT 0
For Council Meeting of April 5, 1988
Honorable Mayor and City Council v!J ./
~ROM: Leslie A. Keane, Assistant City ManagerC7~v-'
SUBJECT: RESOLUTIONS R-26-88 AND R-27-88 AUTHORIZING Date: 3/29/88
INITIATION OF A MELLO-ROOS COMMUNITY FACILITIES DISTRICT
IN A PORTION OF THE NORTHWEST AREA OF THE CITY OF COLTON
TO:
BACKGROUND:
In the northwest area of the City, commonly referred to as the Old
Colton planning area, there are significant flooding and drainage
problems. Although a majority of this ar~ is already developed,
there are approximately 47 acres in the ~inity of Meridian and
Laurel Streets which are currently undeveloped. Forecast Mortgage
Company has a purchase option on this land and an adjacent 48 acres
in the City of San Bernardino. They wish to build approximately
350 single family homes on this property. Among the conditions of
approval of the tentative tract maps for the Colton property is a
requirement that the developer provide drainage improvements which
will not only handle the runoff generated by their project, but which
will also significantly mitigate current flooding problems in the
surrounding area.
In early 1986, the City entered into an agreement with Forecast to
build a portion of the Citrus Street storm drain. This drainage
facility is required to mitigate serious current and projected
flooding problems in the northwest area of the City. It was anti-
cipated that 2,420 feet of the required 7,000 foot storm drain
would be completed" with the developer and the City sharing the cost.
The agreement, a requirement for construction of 113 homes in Tract
13126, specified dollar amounts to be contributed by each party. When
Forecast contracted for the actual construction of the facility,
after the construction of its homes, they discovered they were able
to build only 962 feet of the drain with monies available. Work
under this agreement has been completed and the Citrus storm drain
is in place from Lytle Creek to Eighth Street. The cost estimate for
tr~ remaining portion of the drain is approximately $2.6 million.
In addition, a portion of the remaining Forecast project will not
drain into the Citrus Street facility. It is necessary to construct
a smaller drain in the County of San Bernardino from Laurel to the
corner of Stevens and Grand to serve this area. The cost for this
portion of the drainage solution is estimated at $124,000.
Forecast has approached the City with a proposal for a subdivision
agreement which would allow for phased construction of the required
improvements, and which would provide for public financing assistance
for a portion of the project.
Attachments:
Page 1 of 5
Item No,
4/28/88
CllY, OF COLTON
AGENDA REPORT QONTINUEDI
FOR COUNCIL MEETING OF Apr i 1 5, 19 B B
SUBJECT: RESOLUTIONS R-26-BB AND R-27-BB AUTHORIZING INITIATION OF A
MELLO-ROOS COMMUNITY FACILITIES DISTRICT IN A PORTION OF THE NORTHWSST
AREA OF THE CITY OF COLTON
o
As the City Council is aware, the current rate of residential growth
in the City is making it increasingly difficult not only to provide
for the required infrastructure but also to continue to provide for
basic public services such as pUblic safety and street maintenance.
Property taxes represent only a small percentage of the City's
General Fund budget and residential growth, at least, initially
costs the City much more than it brings in revenue.
During the last year, staff has been investigating a number of
enhanced and potential new revenue sources. One of the options
available is the formation of Mello-Roos Community Facilities
Districts (CFD) in developing areas of the City. Similar in concept
to assessment districts, a CFD allows the City to levy an ongoing
tax for the construction of public facilities and for maintenance
and service costs. CFD's must be approved by a 2/3 vote of either
property owners (in undeveloped areas) or registered voters~The
City initiated its first CFD in a portion of the West Valley earlier
this year. Forecast is agreeable to such a proposal, and it is
anticipated that they will be the sole property owner prior to any
election to form an actual district.
SUBDIVISION AGREEMENT:
Forecast is proposing that the construction of the drainage improve-
ments required for their project be phased, with actual drain and
building construction occurring concurrently. City staff and special
legal counsel, Rutan and Tucker, have drafted the attached two Sub-
division Agreements to outline the responsibilities and actions
required of the developer and the City with respect to a phased pro-
ject approach. Although some of the language, dates and dollar
amounts require further modification, all of the major issues have
been identified and resolved in the attached drafts. The agreements
must both be signed by the City and the property owner prior to final
map recordation of any of the tract maps.
The developer wishes to initiate construction of the Laurel Street
drain at the same time as they begin actual construction of the homes
in Tracts 13451-54 which will flow into this drain. The remaining
homes in the project will flow into the Citrus Street drain which will
be constructed by the City once bonds are sold. Staff is concerned
about increasing the runoff and flooding in this area of the City
prior to the completion/operation of both drains. To minimize this
problem, we are proposing that construction on the Laurel Street
drain be completed within four weeks of the issuance of grading
permits. The developer will bond for and construct this facility;
if not completed as specified, the City may draw on the bonds and cause
the project to be completed.
Page
2
of
5
Item No,
, .'
CITY PF COLTON
AGENDA REPORT Q,NTlNUEOJ
o
FOR COUNCIL MEETING OF
April 5, 1988
SUBJECT: RESOLUTIONS R-26-88 AND R-27-88 AUTHORIZING INITIATION OF A
MELLO-ROOS COMMUNITY FACILITIES DISTRICT IN A PORTION OF THE NORTH-
WEST AREA OF THE CITY OF COLTON
The current timeframe for the construction of the Citrus Street
drain is projected to be in November - January 1989, which is during
the rainy season. It may be possible for the developer to construct
interim drainage facilities while the City completes construction
of the permanent facility. They would be required to construct
such facilities at their own cost and prior to any permits being
issued for construction of off-site or on-site improvements for the
residential units which will flow into this drain. The City would
also not issue certificates of occupancy for the homes until such
time as the permanent facility is operational.
As a part of the subdivision agreements, the developer has agreed to
waive the statutory timeframes required to form a CFD and to waive
their right to protest district formation at the required public
hearing. Since approximately half of the property in the proposed
district is within the City 1i.mits of San Bernardino, it will be
necessary for that City to participate in district formation. Subject
to successful negotiation with San Bernardino, staff would propose
to return to Council with a resolution of intention to form CFD 88-1
in May and the public hearing and election in June.
Forecast will construct the Laurel Street storm drain regardless of
whether or not a CFD is actually formed. They will not, however,
receive any cer'tificat.es of occupancy for Tracts 12451-54 until
after the district election has been held. If the CFD is formed
and Sufficient bond proceeds are available, the City will construct
the Citrus Street storm drain. If the district is not formed or
if sufficient bond proceeds are not available, Tracts 13455 and 13456
in Colton will not be developed unless agreement on an alternative
method of funding the required improvement is reached. We will
request the City of San Bernardino to take similar action with
respect to the development of the 48 acres within their City limits.
MELLO-ROOS COMMUNITY FACILITIES DISTRICT:
Staff is recommending that the City proceed with the formation of a
CFD, encompassing approximately 95 acres in the Cities of Colton
and San Bernardino, as identified on the attached boundary map.
With the tax-assessments received through this process, we would
propose to fund:
1. Construction of the Citrus Street storm drain
2. Construction of a soccer field in the adjacent Davis Park
(Colton taxes only).
3. Rehabilitation of Colton public area streets on a five-year
schedule (Colton taxes only).
4. Operation of an additional Colton police patrol car dedicated to
this area (Colton taxes only).
Page 3
of
5
Item No,
CITY OF COLTON
AGENDA REPORT QONTlNUEDI
FOR COUNCIL MEETING OF Apr i 1 5. 1988
SUBJECT: RESOLUTIONS R-26-88 AND R-27-88 AUTHORIZING INITIATION OF A
MELLO-ROOS COMMUNITY FACILITIES DISTRICT IN A PORTION OF THE NORTH-
WEST AREA OF THE CITY OF COLTON
o
The rate proposed for residential assessments in Colton is designed
to, in conjunction with property tax and other special assessments,
not exceed 2% in the year of formation. The rate proposed in San
Bernardino is desinged to fund only the construction of the storm
drain facility. ~l special tax rates may be increased by not more
than 2% each year.
Since the proposed district area is currently undeveloped, the Cities
of Colton and San Bernardino must conduct an election of the property
owners. Since Forecast is the single owner, they will cast all of
their votes (one per acre) for or against the district. If the vote
is favorable, we may proceed to sell bonQs to construct public
facilities and to levy assessmetns to fund debt service and other
proposed services within the district.
If the Council wishes to proceed with formation of a CFD in the
areas identified in the proposed boundary map, we. wi.ll ask the Ci.ty
of San Bernardino to enter into a joint community facilities district
agreement, which will allow Colton to act as the lead agency in all
formation and administration proceedings. A draft agreement is attached
to this report. Once both Cities have signed the agreement, Council
may schedule a public hearing to allow any interested person the
opportunity to communicate verbally or in writing, in favor of or
in opposition to, the proposed district. Following the public hearing,
Council may decide to proceed or not with formation. If Forecast
files a protest, the proceedings are automatically halted. Since,
however, it is not possible for Forecast to proceed with their develop-
ment without public financing assistance, they have agreed to wai.ve
their right to protest at the public hearing by their signature on
the subdivision agreements. If Forecast has not purchased property
in the proposed district by the time of the public hearing, the
current owner, Southern Pacific Railroad, may protest the proceed-
ings and they would be automatically halted.
CONCLU S ION:
,
Colton has a significant flooding problem in the northwest area of the
City. This situation will be further aggravated by further con-
struction in either Colton or the adjacent area of the City of San
Bernardino. Forecast Mortgage Corporation desires to construct approxi-
mately 350 single family homes in the vacinity of Meridian and Laurel
Streets. They have offered to cooperate with the City in the forma-
tion of a Mello-Roos Community Facilities District designed to pro-
vide monies for the construction of a major storm drain facilit~which
will mitigate the drainage needs of both their project and the surround-
ing areas. The proposed district will also provide funding for on-
going public safety and street maintenance services. The attached
subdivision agreements will assure that this area does not develop
Page
4
of
5
Item No.
, 'CITY'OF COLTON
AGENDA REPORT QNTlNUED)
o
FOR COUNCIL MEETING OF
April 5. 1988
SUBJECT: RESOLUTIONS R-26-88 AND R-27-88 AUTHORIZING INITIATION OF A
MELLO-ROOS COMMUNITY FACILITIES DISTRICT IN A PORTION OF THE NORTH-
WEST AREA OF THE CITY OF COLTON
without the required drainage facilities.
RECOMMENDA T IONS:
Staff recommends that the City Council:
1. Authorize the Ci.ty Manager to finalize and execute the attached
two subdivision agreements.
2. Adopt two resolutions, initiating proceedings to form Community
Facilities District No. 88-1, titled as follows:
A. RESOLUTION NO. R-26-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON,
CALIFORNIA, ADOPTING BOUNDARY MAP SHOWING PROPERTIES AND
LAND TO BE SERVED BY CERTAIN CAPITAL FACILITIES IN A
COMMUNITY FACILITIES DISTRICT
AND
B. RESOLUTION NO. R-27-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON,
CALIFORNIA, APPROVING PROPOSED JOINT COMMUNITY FACILITIES
DISTRICT AGREEMENT AND REQUESTING APPROVAL AND CONCURRENCE
Page
5
of
5
Item No
o
o
1
RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
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 Bernardino is
6
hereby authorized and directed to execute for and on behalf of
i
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 tity of San
14 Bernardino at a meeting thereof, held on this
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16 wit:
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day of , 1988 by the following vote, to
AYES: Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this ___day
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of
, 1988.
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Approved as to form and
26 legal content:
Evlyn Wilcox, Mayor
City of San Bernardino
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City Attorney
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4/28/88
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Exhibit "A"
JOINT COMMUNITY FACILITIES DISTRICT AGREEMENT
THIS AGREEMENT is made and entered into this day of
, 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"), a 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 "Me110-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 connection therewith, which
capital public facility will serve and benefit properties not
only within 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.
COLTON shall continue to conduct all proceedings,
including the publiC hearing and election, as
necessary for formation of a community facilities
district pursuant to the provisions of the "Me110-
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.
SECTION 2.
SAN BERNARDINO does hereby expressly grant such
jurisdiction to COLTON as is necessary for COLTON
to conduct said proceedings, hold the publiC
hearing, conduct the election, and to levy special
taxes on properties within the boundaries of the
District, including those properties within the
incorporated limits of SAN BERNARDINO in the
amounts and under the terms as herein set forth.
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5-26-88
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SECTION 3.
SECTION 4.
SECTION 5.
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5-26-88
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Pursuant hereto, the properties within the
boundaries of the District within the incorporated
limits of SAN BERNARDINO will be obligated only to
pay special taxes for their proportionate share of
the costs and expenses of the Citrus Street storm
drain, which proportionate share is hereby a greed
to be % of the cost of such dapital
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:
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 intersection
of Citrus Street and Eighth Avenue, extending
westerly approximately 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 properties within 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.
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SECTION 6.
SECTION 7.
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5-26-88
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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
$3,000,000.00. Properties within the City of San
Bernardino shall be subject to maximum liability
for such bonds not to exceed
$
The rate, method and apportionment of the maximum
annual special tax is set forth as follows:
CATEGORY OF LAND USE
Residential which has been
improved with dwelling units
in the City of Colton
Residential which has been
improved with dwelling units
in the City of San
Bernardino
Residential which has been
subdivided into recorded
lots but has not been
improved with dwelling
units in either San
Bernardino or Colton
Residential for which a
tentative tract map has
been approved in either
San Bernardino or Colton
All of other categories of
land use in either San
Bernardino or Colton
MAXIMUM SPECIAL
TAX AMOUNT
i
$759 per dwelling
unit but not less
than $2644 per acre
$661 per dwelling
but not less than
$2644 per acre
$661 per recorded
lot but not less
than $2644 per acre
$661 per approved
tentative lot but
less than $2644
per acre
$2644 per acre
The above taxes shall be applicable commencing in
the fiscal year 1988/89. Special tax assessments
on properties within the City of San Bernardino
made pursuant to this agreement shall not be
increased during the life of the obligation.
Taxes on properties in the City of San Bernardino
shall be levied for the lesser of 20 years or
until accumulated payments in an amount
equivalent to principal and interest for financing
utilized to pay the proportionate share of the
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SECTION 8.
SECTION 9.
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5-26-88
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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 additional pOlice services
shall be annually funded exclusively from special
taxes received from 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 for the Citrus Street storm
drain.
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 authorize 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.
Notice to Homebuyer
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 Community Services District and the special
tax provided thereby. Such purchaser shall
specifically acknowledge their awareness of the
inclusion of such tax in their property tax
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.
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SECTION 10.
SECTION 11.
SECTION 12.
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In any action arising 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 at SECTION 10 below.
COLTON does hereby agree to indemnify and hold SAN
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.
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.
This Agreement constitutes 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:
CITY OF COLTON
MAYOR
CITY OF COLTON
CITY CLERK
CITY OF COLTON
STATE OF CALIFORNIA
ATTEST:
CITY OF SAN BERNARDINO
CITY CLERK
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
MAYOR
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
APPROVED AS TO FORM
AND LEGAL CONTENT:
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c:;,_')I:_QQ
City Attorney 5