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ORDINANCE NO.
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ORDINANCE OF THE CITY OF SAN BERNARDINO
ORDINANCE OF THE CITY OF SAN BERNARDINO,
STATE OF CALIFORNIA, AUTHORIZING
THE LEVY OF A SPECIAL TAX WITHIN
COMMUNITY FACILITIES DISTRICT NO. 995
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WHEREAS, on April 16, 1990, the Common Council of
the City of San Bernardino, State of California (the -Common
Council-), adopted Resolution No. 90-140 statinq its intention
to form Community Facilities District No. 995 of the City of
San Bernardino, State of California (the -District-) pursuant
to Chapter 2.5 of Part 1 of Division 2 of Title 5 (commencinq
with Section 53311) of the California Government Code,
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commonly known as the -Mello-Roos Comm~nity Facilities Act of
1982- (the Act-): and
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WHEREAS, on April 16, 1990, the Common Council also
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adopted Resolution No. 90-136 statinq its intention to incur
bonded indebtedness in an amount not to exceed $11,000,000
within the District for the purpose of financinq all or a
portion of the Verdemont Area infrastructure development fee,
representinq the acquisition, construction and installation of
full-width street improvements, includinq full-width pavinq,
curbs and qutters, sidewalks, street liqhts, sewer mains,
storm drains, catch basins, toqether with auxiliary structures
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and appurtenances and includinq the acquisition of all
necessary easements and riqhts-of-way, and school facilities
and all other expenses incidental thereto, all as more fully
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.ORDINANCE AUTHORIZING UeOF SpOAL TAX
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described in Resolution No. 90-136 (the "Facilities") to serve
the area within the District: and
WHEREAS. notice was published as required by law
relative to the intention of the Common Council to form the
proposed District and to incur bonded indebtedness in an
amount not to exceed $11.000.000 within the boundaries of the
District; and
WHEREAS. on June 4. 1990. the Common Council held a
noticed public hearinq as required by law to determine whether
it should proceed with the formation of the District and
authorize the rate and method of apportionment of ,a special
tax to be levied within the District for the purpose of payinq
for the Facilities and the costs associated with the bonds
proposed to be issued to finance the Facilities. includinq the
principal of and interest on the proposed bonds; and
WHEREAS. at said hearinq all persons desirinq to be
heard on all matters pertaininq to the formation of the
District and the levy of the special tax were heard and a full
and fair hearinqwas held; and
WHEREAS. on June 18. 1990 the Common Council adopted
Resolution No. 90-247 which established the District.
determined the validity of prior proceedinqs relative to the
formation of the District and the incurrinq of bonded
indebtedness. authorized the levy of a special tax within the
District. and called an election within the District for
June 26. 1990. on the propositions of incurrinq bonded
indebtedness. levyinq a speCial tax and establishinq an
appropriations limit within the District: and
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WHEREAS. on June 18. 1990 the Common Council adopted
Resolution No. 90-248 which determined the necessity of
incurrinq bonded indebtedness in an amount not to
exceed $11.000.000: and
WHEREAS. on June 26. 1990. an election was held
withIn the District in which the qualified electors approved
by more than a two-thirds vote the propositions of incurrinq
bonded indebtedness. levyinq a special tax and establishinq an
appropriations limit within the District:
NOW. THEREFORE. THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are all true and
correct and this Common Council so finds and determines.
SECTION 2. By the passaqe of this ordinance. the
Common Council authorizes the levy of a special tax pursuant
to tne rate and method of apportionment set forth in
Exhibit "A" attached hereto and incorporated by reference
herein.
SECTION 3. The Common Council is hereby further
authorized each year by Resolution to determine the speCific
special tax rate and amount to be levied for the next fiscal
year. except that the special tax rate to be levied shall not
exceed that set forth in Exhibit "A" hereto. but the special
tax may be levied at a lower rate.
SECTION 4. Properties or entities of the state.
federal or other local qovernments shall. except as prOVided
in Sections 53317.3. 53317.5. and 53340.1 of the Act. be
exempt from the above-referenced and approved special tax.
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SECTION 5. All of the collections of the special
tax shall be used as provided for in the Act and Resolution
No. 90-247. The special tax shall be levied only so long as
needed for its purpose as described in Resolution No. 90-247.
SECTION 6. The above authorized special tax shall
be collected in the same manner as ordinary ad valorem
property taxes are collected and shall be subject to the same
penalties and the same procedure, sale and lien priority in
case of delinquency as is provided for ad valorem taxes, as
such procedure may be modified by law or by the Common Council
from time to time.
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SECTION 7. As a cumulative remedy, if any amount
levied pursuant hereto as a special tax for payment of bond
interest or principal together with any penalties and other
charges accruing under this ordinance are not paid when due,
the Common Council may, not later than four years after the
due date of the last installment of principal, order that the
same be collected by an action brought in the superior court
to foreclose any lien therefor.
SECTION B. The Mayor shall sign and the City Clerk
shall certify to the passage and adoption of this Ordinance
and shall cause the same to be published and posted pursuant
to the provisions of law in that regard and this Ordinance
shall take effect all as provided in the Municipal Code of the
City.
SECTION 9. This ordinance shall not be codified.
SECTION 10. The City Clerk' of the City of San
Bernardino is hereby directed to publish this ordinance once
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within fifteen (15) days following its adoption in The Sun, a
general circulation published in the City of San
2 newspaper of
3 Bernardino.
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I HEREBY CERTIFY that the foreqoinq ordinance was
2 duly adopted by the Mayor and Common Council of the City of
3 San Bernardino at a reqular meetinq thereof, held on the
4 day of July, 1990, by the followinq vote, to wi t.
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7 ESTRADA
Council Members.
BAD
ABSTAIN
AID
8 REILLY
9 FLORES
10 MAUDSLEY
" MINOR
12 POPE-LUDLUM
13 MILLER
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City Clerk
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The foreqoinq ordinance is hereby approved this ___
day of July, 1990..
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W.R. HolcOlllb. Mayor
City of San Bernardino
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Approved as to form
and leqal content,
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JAMES F. PEHMAH,
City Attorney
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By.
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