HomeMy WebLinkAboutMC-15071
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ORDINANCE NO. MC -1507
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 2018-2 OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE LEVY OF SPECIAL TAXES
WHEREAS, on August 15, 2018, the City Council (the "City Council") of the City
San Bernardino (the "City") adopted Resolution No. 2018-240 declaring its intention to form
Community Facilities District No. 2018-2 of the City of San Bernardino (Verdemont Ranch) (the
"District") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended,
comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of
California (the "Act"), and its Resolution No. 2018-241 declaring its intention to incur bonded
indebtedness for the District; and
WHEREAS, on September 19, 2018, after providing all notice required by the Act, the
City Council conducted a noticed public hearing required by the Act relative to the proposed
formation of the District, the proposed levy of a special tax therein to finance certain public
facilities described in Resolution No. 2018-266 and to secure the payment of any bonded
indebtedness of the District, and the proposed issuance of up to $5,000,000 of bonded
indebtedness as described in Resolution No. 2018-267; and;
WHEREAS, at the September 19, 2018 public hearing, all persons desiring to be heard
on all matters pertaining to the formation of the District and the proposed levy of the special tax
to finance the facilities described in Resolution No. 2018-266 and to secure the payment of up to
$5,000,000 of bonded indebtedness of the District as described in Resolution No. 2018-267 (the
"Bonds") were heard and a full and fair hearing was held; and
WHEREAS, on September 19, 2018, the City Council adopted Resolution Nos. 2018-
266 and 2018-267 which formed the District and called a special election within the District on
September 19, 2018 on three propositions relating to the levy of a special tax within the District,
the issuance of the Bonds and the establishment of an appropriations limit within the District;
and
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ORDINANCE NO. MC -1507
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 2018-2 OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE LEVY OF SPECIAL TAXES
WHEREAS, on September 19, 2018, a special election was held within the District at
which the qualified electors approved by more than a two-thirds vote Propositions A, B and C
authorizing the levy of a special tax within the District for the purposes described in Resolution
No. 2018-266, the issuance of the Bonds as described in Resolution No. 2018-267 and
establishing an appropriations limit for the District; and
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO,
ORDAINS AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. By the passage of this Ordinance, the City Council authorizes and levies
special takes within the District pursuant to Sections 53328 and 53340 of the Act at the rates and
in accordance with the rate and method of apportionment set forth in Attachment C to Resolution
No. 2018-240, which is incorporated by reference herein (the "Rate and Method"). The special
taxes are hereby levied commencing in the fiscal year specified in the Rate and Method and in
each fiscal year thereafter until payment in full of the Bonds (including any bonds issued to
refund the Bonds), payment of all costs of the public facilities and services authorized to be
financed by the District, and payment of all costs of administering the District.
SECTION 3. Each of the Mayor, the City Manager, the Director of Finance, or their
written designees (each, an "Authorized Officer"), acting alone, is hereby authorized and
directed each fiscal year to determine the specific special tax rates and amounts to be levied in
such fiscal year on each parcel of real property within the District, in the manner and as provided
in the Rate and Method. The special tax rate levied on a parcel pursuant to the Rate and Method
shall not exceed the maximum rate set forth in the Rate and Method for such parcel, but the
special tax may be levied at a lower rate. Each Authorized Officer is hereby authorized and
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ORDINANCE NO. MC -1507
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 2018-2 OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE LEVY OF SPECIAL TAXES
directed to provide all necessary information to the Auditor-Controller/Treasurer/Tax Collector
of the County of San Bernardino and to otherwise take all actions necessary in order to effect
proper billing and collection of the special tax, so that the special tax shall be levied and
collected in sufficient amounts and at times necessary to satisfy the financial obligations of the
District in each fiscal year, and with respect to Special Tax, until the Bonds are paid in full, the
facilities have been paid for, and provision has been made for payment of all of the
administrative costs of the District.
SECTION 4. Properties or entities of the state, federal or other local governments shall
be exempt from the special tax, except as otherwise provided in Sections 53317.3 and 53317.5 of
the Act and Section F of the Rate and Method. No other properties or entities are exempt from
the special tax unless the properties or entities are expressly exempted in Resolution No. 2018-
266 or in a resolution of consideration to levy a new special tax or special taxes or to alter the
rate or method of apportionment or an existing special tax as provided in Section 53334 of the
Act.
SECTION 5. All of the collections of the special tax shall be used as provided for in the
Act, the Rate and Method and Resolution No. 2018-266.
SECTION 6. The 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
(which such procedures include the exercise of all rights and remedies permitted by law to make
corrections, including, but not limited to, the issuance of amended or supplemental tax bills), as
such procedure may be modified by law or by this City Council from time to time.
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ORDINANCE NO. MC -1507
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 2018-2 OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE LEVY OF SPECIAL TAXES
SECTION 7. As a cumulative remedy, if any amount levied as a special tax for payment
of the interest or principal of the Bonds (including any bonds issued to refund the Bonds),
together with any penalties and other charges accruing under this Ordinance, are not paid when
due, the City Council may, not later than four years after the due date of the last installment of
principal on the Bonds (including any bonds issued to refund the Bonds), order that the same be
collected by an action brought in the superior court to foreclose the lien of such special tax, as
authorized by the Act.
SECTION 8. The Mayor of the City shall sign this Ordinance and the City Clerk shall
attest to the Mayor's signature and then cause the same to be published within fifteen (15) days
after its passage at least once in The Sun, a newspaper of general circulation published and
circulated in the City of San Bernardino.
SECTION 9. The specific authorization for adoption of this Ordinance is pursuant to the
provisions of Section 53340 of the Act.
SECTION 10. The City Clerk is hereby authorized to transmit a certified copy of this
ordinance to the Auditor-Controller/Treasurer/Tax Collector of the County of San Bernardino,
and to perform all other acts which are required by the Act, this Ordinance or by law in order to
accomplish the purpose of this Ordinance.
SECTION 11. A full reading of this Ordinance is dispensed with prior to its final
passage, a written or printed copy having been available to the City Council and the public a day
prior to its final passage.
SECTION 12. This Ordinance shall take effect thirty days after its final passage.
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ORDINANCE NO. MC -1507
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 2018-2 OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE LEVY OF SPECIAL TAXES
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
City Council of the City of San Bernardino at a joint regular meeting thereof, held on the 3rd day
of October 2018, by the following vote, to wit:
Council Members: AYES NAYS
MARQUEZ_
BARRIOS k
VALDWIA
SHORETT _
NICKEL �C
RICHARD /
MULVIHILL J
ABSTAIN ABSENT
Georgearu arena, CM ity Cler
The foregoing Ordinance is hereby approved this 3rd day of October 2018.
Approved as to form:
Gary D. Saenz, City Attorney
By -
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R. Carey D;
City of San