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HomeMy WebLinkAboutMC-735 , - ORDINANCE NO. MC-73~ 2 ORDINANCE OF THE CITY OF SAN BERNARDINO 3 ORDINANCE OF THE CITY OF SAN BERNARDINO. STATE OF CALIFORNIA. AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 995 4 5 6 WHEREAS. on April 16. 1990. the Common Council of 7 the City of San Bernardino. State of California (the "Common 8 Council"). adopted Resolution No. 90-140 stating its intention 9 to form Community Facilities District No. 995 of the City of 10 San Bernardino. State of California (the "District") pursuant II to Chapter 2.5 of Part 1 of Division 2 of Title 5 (commencing 12 with Section 53311) of the California Government Code. 13 commonly known as the "Mello-Roos Community Facilities Act of 14 1982" (the Act"); and 15 WHEREAS. on April 16. 1990. the Common Council also 16 adopted Resolution No. 90-136 stating its intention to incur 17 bonded indebtedness in an amount not to exceed $11.000.000 18 within the District for the purpose of financing all or a 19 portion of the Verdemont Area infrastructure development fee. 20 representing the acquisition. construction and installation of 21 full-width street improvements. including full-width paving. 22 curbs and gutters. sidewalks. street lights. sewer mains. 23 storm drains. catch basins. together with auxiliary structures 24 and appurtenances and including the acquisition of all 25 necessary easements and rights-of-way. and school facilities 26 and all other expenses incidental thereto. all as more fully 27 28 III III 6/20/90 2278c 1/1 A -'1. ,r). ,'- " it .- l:>:"" OR~INANCE ~BTHORIZING LEVY pF SPECIAL TAX described in Resolution No. 90-136 (the "Facilities") to serve 2 the area within the District; and 3 WHEREAS. notice was published as required by law 4 relative to the intention of the Common Council to form the 5 proposed District and to incur bonded indebtedness in an 6 amount not to exceed $11,000,000 within the boundaries of the 7 District; and 8 WHEREAS, on June 4. 1990. the Common Council held a 9 noticed public hearing as required by law to determine whether 10 it should proceed with the formation of the District and II authorize the rate and method of apportionment of a special 12 tax to be levied within the District for the purpose of paying 13 for the Facilities and the costs associated with the bonds 14 proposed to be issued to finance the Facilities. including the IS principal of and interest on the proposed bonds; and 16 WHEREAS, at said hearing all persons desiring to be 17 heard on all matters pertaining to the formation of the 18 District and the levy of the special tax were heard and a full 19 and fair hearing was held; and 20 WHEREAS, on June 18, 1990 the Common Council adopted 21 Resolution No. 90-247 which established the District, 22 determined the validity of prior proceedings relative to the 23 formation of the District and the incurring of bonded 24 indebtedness, authorized the levy of a special tax within the 25 District, and called an election within the District for 26 June 26, 1990, on the propositions of incurring bonded 27 indebtedness, levying a special tax and establishing an 28 appropriations limit within the District; and 6/20/90 2 2278c5 J;77t'-135' ORDINANCE ABTHORIZING LEVY OF SPECIAL TAX . .. . . WHEREAS. on June 18, 1990 the Common Council adopted 2 Resolution No. 90-248 which determined the necessity of 3 incurring bonded indebtedness in an amount not to 4 exceed $11,000,000; and 5 WHEREAS, on June 26, 1990, an election was held 6 within the District in which the qualified electors approved 7 by more than a two-thirds vote the propositions of incurring 8 bonded indebtedness, levying a special tax and establishing an 9 appropriations limit within the District; 10 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE II CITY OF SAN BERNARDINO ORDAIN AS FOLLOWS: 12 SECTION 1. The above recitals are all true and 13 correct and this Common Council so finds and determines. 14 SECTION 2. By the passage of this ordinance, the 15 Common Council authorizes the levy of a special tax pursuant 16 to the rate and method of apportionment set forth in 17 Exhibit "A" attached hereto and incorporated by reference 18 herein. 19 SECTION 3. The Common Council is hereby further 20 authorized each year by Resolution to determine the specific 21 special tax rate and amount to be levied for the next fiscal 22 year, except that the special tax rate to be levied shall not 23 exceed that set forth in Exhibit "A" hereto, but the special 24 tax may be levied at a lower rate. 25 SECTION 4. Properties or entities of the state, 26 federal or other local governments shall, except as provided 27 in Sections 53317.3, 53317.5, and 53340.1 of the Act, be 28 exempt from the above-referenced and approved special tax. 6/20/90 2278c5 3 ORDINANCE AUTHORIZING LEVY OF SPECIAL TAX flJ(-73::;- SECTION 5. All of the collections of th~ special 2 tax shall be used as provided for in the Act and Resolution 3 No. 90-247. The special tax shall be levied only so long as 4 needed for its purpose as described in Resolution No. 90-247. 5 SECTION 6. The above authorized special tax shall 6 be collected in the same manner as ordinary ad valorem 7 property taxes are collected and shall be subject to the same 8 penalties and the same procedure, sale and lien priority in 9 case of delinquency as is provided for ad valorem taxes, as 10 such procedure may be modified by law or by the Common Council II from time to time. 12 SECTION 7. As a cumulative remedy, if any amount 13 levied pursuant hereto as a special tax for payment of bond 14 interest or principal together with any penalties and other 15 charges accruing under this ordinance are not paid when due, 16 the Common Council may, not later than four years after the 17 due date of the last installment of principal, order that the 18 same be collected by an action brought in the superior court 19 to foreclose any lien therefor. 20 SECTION R. The Mayor shall sign and the City Clerk 21 shall certify to the passage and adoption of this Ordinance 22 and shall cause the same to be published and posted pursuant 23 to the provisions of law in that regard and this Ordinance 24 shall take effect all as provided in the Municipal Code of the 25 City. 26 SECTION 9. This ordinance shall not be codified. 27 SECTION 10. The City Clerk of the City of San 28 Bernardino is hereby directed to publish this ordinance once 6/20/90 4 2278c5 /,'/" 72< .' ,t'f-. "",,/_-, ORDINANCE AUTHORIZING LEVY OF SPECIAL TAX " within fifteen (15) days following its adoption in.The Sun, a 2 newspaper of 3 Bernardino. 4 III 5 III 6 III 7 III 8 III 9 III 10 III II III 12 III 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III 6/20/90 general circulation published in the City of San 5 2278c5 /lIt. 73~7 ORDINi'.NCE A,UTHOR,IZING LEVY OF SPECIAL TAX ", I HEREBY CERTIFY that the foregoing ordinance was 2 duly adopted by the Mayor and Common Council of the City of 3 San Bernardino at a regular meeting thereof. held on the 16th 4 day of July. 1990. by the following vote. to wit: 5 6 C.9.J.lD_ci,LMem!:ler-f? : ~XES. l'i~y" ESTRADA X REILLY X FLORES X MAUDSLEY X MINOR X POPE-LUDLUM X MILLER X A~"ThJ..N 7 8 9 10 II 12 13 14 IS #&a:i!f4<.t~~~(- 16 17 The foregoing ordinance is hereby approved thisl~th '7 ~;Z- City ~~~ Bernardino 18 day of July. 1990, 19 20 21 22 Approved as to form and legal content: 23 24 JAMES F. PENMAN. Ci ty At torney 25 26 27 28 6/20/90 2278c5 6