San Bernardino County Municipal Code Ch. 3 Financing

In accordance with Section 5 of Article XIIB of the California Constitution, the County shall establish the Economic Development Revolving Fund. Contributions by the County to the Economic Development Revolving Fund, to the extent derived from the proceeds of taxes, shall constitute appropriations subject to the appropriations limitation contained in Article XIIB of the California Constitution.

Revenues, as defined by this Division, and the expenditures of such revenues, shall not be taken into account in any manner in determining the County’s compliance with Article XIIB of the California Constitution.

(Ord. 4316, passed - -2017)

In carrying out the purposes of this Division, the County may exercise any or all of the following powers:

(a) Develop plans, pay principal and interest on bonds, loans, advances, or other indebtedness, or pay financing or carrying charges.

(b) Accept financial assistance, or any other assistance, from public or private sources, for the County’s activities, powers, and duties and expend any funds so received for any of the purposes in this Division.

(c) Borrow money or accept financial or other assistance from the State or the Federal government or any other public agency, or any private lending institution, and comply with any conditions of such loan or grant.

(d) For the purpose of raising money to be deposited in the Economic Development Revolving Fund, the County may:

(1) Appropriate general fund money, residual distributions received by the County under Health and Safety Code §§ 34183 or 34188, or any other funds.

(2) Issue and sell its general obligation bonds in conformity with Article 4.5 (commencing with § 53506) and Article 5 (commencing with § 53510) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code.

(e) If the County qualifies for funding as a disadvantaged community pursuant to § 79505.5 of the Water Code or as defined by § 56033.5 of the Government Code, the County may also enter into an agreement with a qualified community development entity, as defined by Section 45D(c) of the Internal Revenue Code, to coordinate investments of funds derived from the New Markets Tax Credit with those of the County in instances where coordination offers opportunities for greater efficiency of investments to improve conditions described in Subdivisions (d) and (e).

(f) Borrow money (by the issuance of bonds or otherwise) or accept financial or other assistance from any public or private lending institution for any economic development project for any of the purposes of this Division, and execute trust deeds or mortgages on any real or personal property owned or acquired.

(g) Insure or provide for the insurance of any operations of the County against risks or hazards.

(Ord. 4316, passed - -2017)

Neither the members of the Board of Supervisors, the Chief Executive Officer, any directors, any other officers or employees of the County, nor any person executing any bonds shall be liable personally on the bonds or be subject to any personal liability or accountability by reason of the issuance thereof.

(Ord. 4316, passed - -2017)

This Division shall not be construed to prevent the County from utilizing revenues from any of the following sources, among others, to support its activities provided that the applicable voter approval has been obtained:

(a) The Improvement Act of 1911 (Division 7 (commencing with § 5000) of the Streets and Highways Code).

(b) The Municipal Improvement Act of 1913 (Division 12 (commencing with § 10000) of the Streets and Highways Code).

(c) The Improvement Bond Act of 1915 (Division 10 (commencing with § 8500) of the Streets and Highways Code).

(d) The Landscaping and Lighting Act of 1972 (Part 2 (commencing with § 22500) of Division 15 of the Streets and Highways Code).

(e) The Vehicle Parking District Law of 1943 (Part 1 (commencing with § 31500) of Division 18 of the Streets and Highways Code).

(f) The Parking District Law of 1951 (Part 4 (commencing with § 35100) of Division 18 of the Streets and Highways Code).

(g) The Park and Playground Act of 1909 (Chapter 7 (commencing with § 38000) of Part 2 of Division 3 of Title 4 of the Government Code).

(h) The Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with § 53311) of Part 1 of Division 2 of Title 5 of the Government Code).

(i) The Benefit Assessment Act of 1982 (Chapter 6.4 (commencing with § 54703) of Part 1 of Division 2 of Title 5 of the Government Code).

(j) An enhanced infrastructure financing district adopted pursuant to Chapter 2.99 (commencing with § 53398.50) of Part 1 of Division 2 of Title 5 of the Government Code.

(k) An infrastructure financing district adopted pursuant to Chapter 2.8 (commencing with § 53395) of Part 1 of Division 2 of Title 5 of the Government Code.

(l) An infrastructure and revitalization financing district adopted pursuant to Chapter 2.6 (commencing with § 53369) of Part 1 of Division 2 of Title 5 of the Government Code.

(m) A community revitalization and investment authority adopted pursuant to Division 4 (commencing with § 62000) of Title 6 of the Government Code.

(n) Any other similar financing source approved by the Board of Supervisors.

(Ord. 4316, passed - -2017)

The County is hereby authorized to charge application, commitment, financing and other fees, in order to recover or reduce administrative and implementation costs and expenses incurred in the exercise of the powers and obligations under this Division.

(Ord. 4316, passed - -2017)