San Bernardino Municipal Code Ch. 12.94 Improvement Districts

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

1911 ACT. Refers to “the Improvement Act of 1911,” Cal. Streets and Highways Code, Division 7, being §§ 5000 et seq.

1913 ACT. Refers to “the Municipal Improvement Act of 1913,” Cal. Streets and Highways Code, Division 12, §§ 10000 et seq.

1915 ACT. Refers to “the Improvement Bond Act of 1915,” Cal. Streets and Highways Code, Division 10, being §§ 8500 et seq.

DEVELOPER-REQUESTED IMPROVEMENT DISTRICT. Any improvement district where a developer representing a majority in interest of the owners of the land affected requests that the city form such district to enable such owners to develop a new subdivision or parcel map of any type or undertake enlargement, development, expansion or change of use of existing commercial or industrial development. Whether a particular developer represents a majority in interest of the owner shall be determined by the Director of Development Services.

IMPROVEMENT DISTRICT. Any assessment district created by action of the Mayor and City Council for the purpose of funding curbs, gutters, streets, storm sewers, sanitary sewers, water mains and other public improvements necessary or convenient for the purpose of the district being formed. Public improvements shall include, but shall not be limited to, those itemized in Cal. Streets and Highways Code, §§ 5101, 8570 and 10100.

(Ord. MC-149, passed 4-7-1982; Ord. MC-1027, passed 9-9-1998)

For any developer-requested improvement district in which the improvements are to be financed by issuance of assessment district bonds, bonds may be authorized and issued by authority of the Mayor and City Council under the provisions of the 1911 Act, the 1913 Act, the 1915 Act or any other state law or any ordinance or provision of the municipal code, as the Mayor and City Council may determine. For any such issuance, an administrative fee of 1% of the total bond issue shall be paid to the city’s Assessment District Reserve Fund to be used exclusively for the financing of assessment districts as authorized by the Mayor and City Council. Such fee shall be paid out of the proceeds of the sale of the bonds, and shall be in addition to any other applicable fees, charges or incidental expenses.

(Ord. MC-149, passed 4-7-1982; Ord. MC-467, passed 7-16-1985)

Prior to the adoption of a resolution of intention relative to any developer requested improvement district, the developer representing the owner or owners of the property therein shall advance to the city the estimated costs of organizing, engineering and developing the proposed assessment district, in such amount and payable at such times as the Director of Development Services shall designate. Such advancement of funds shall be utilized solely for the expenses of organizing, engineering and developing the proposal for such district. In the event the district fails at the public hearing or is otherwise terminated for any reason, or the bonds are not sold, such portion of the advancement representing actual costs to the city in preparing for such improvement district, including administrative costs, shall be held by the city, as reimbursement for such expense, and any surplus remaining shall be returned to the person or persons depositing such funds. If the improvement district is finalized and bonds are sold, the expenses shall be reimbursed to the city from bond proceeds; and the entire amount deposited shall be returned to the person or persons depositing such funds.

(Ord. MC-149, passed 4-7-1982; Ord. MC-1027, passed 9-9-1998)