HomeMy Public PortalAboutOrdinance 1134ORDINANCE NO. 1134
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BEAUMONT, CALIFORNIA, DISSOLVING IMPROVEMENT AREA
NO. 19D OF CITY OF BEAUMONT COMMUNITY FACILITIES
DISTRICT NO. 93-1 AND ORDERING THE RECORDATION OF A
NOTICE OF CESSATION OF SPECIAL TAX LIEN TO
IMPROVEMENT AREA NO. 19D
WHEREAS, in 1993, the City Council (the "City Council") of the City of Beaumont (the
"City") initiated proceedings pursuant to the Mello -Roos Community Facilities Act of 1982, as
amended (the "Mello -Roos Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with
Section 53111 of the California Government Code, to form a community facilities district designated
as City of Beaumont Community Facilities District No. 93-1 (the "District"); and
WHEREAS, on August 11, 1993, the City Council adopted Ordinance No. 721 (the
"Ordinance of Formation") thereby forming the District; and
WHEREAS, Improvement Area No. 19D of the District ("Improvement Area No. 19D")
was formed on November 16, 2004 and annexed into the District pursuant to an Ordinance adopted
by the City Council acting as the legislative body of the District (the "Improvement Area
Ordinance"); and
WHEREAS, Improvement Area No. 19D was formed for the purpose of fmancing
(a) certain facilities to be owned by the City, (b) certain fees required to be paid to the City to finance
public works, drainage, transportation and local facilities ((a) and (b) are collectively, the
"Facilities") and (c) certain services to be provided within Improvement Area No. 19D (the
"Services"); and
WHEREAS, the Improvement Area Ordinance authorized the levy of special taxes
commencing in Fiscal Year 2005-06 in Improvement Area No. 19D to finance the Facilities and
Services and/or to pay debt service on bonds authorized to be issued for Improvement Area No. 19D
of the District for fmancing the Facilities; and
WHEREAS, a Notice of Special Tax Lien was recorded on December 15, 2004 as Document
No. 2004-0993798 (the "Notice of Special Tax Lien") in the office of the Assessor, County Clerk,
and Recorder of the County of Riverside against the property within Improvement Area No. 19D of
the District imposing a lien on such property to secure the payment of the special taxes to be levied
within Improvement Area No. 19D; and
WHEREAS, no bonds have been issued by the District with respect to Improvement Area
No. 19D; and
WHEREAS, SDC Fairway Canyon, LLC and Woodside 05S, LP (collectively, the
"Owners"), the current owners of all of the property within Improvement Area No. 19D of the
District, have, on behalf of themselves and their respective successors and/or assigns submitted a
request to the District (the "Request") in which the Owners:
(a) requested that the City form the City of Beaumont Community Facilities
District No. 2021-1 (Fairway Canyon) with boundaries that include all of the area within
Improvement Area No. 19D,
(b) requested that the City Council undertake proceedings pursuant to the Mello -
Roos Act to dissolve Improvement Area No. 19D of the District,
(c) voluntarily and knowingly waived their rights, if any, to have the cost of the
Facilities and Services, or any portion thereof, paid on behalf of the Owners or reimbursed to the
Owners by the City, the District, or both of them, from the proceeds of bonds or special taxes;
(d) voluntarily and knowingly waived the obligation, if any, of the City, the
District, or both of them, to issue bonds or levy special taxes within Improvement Area No. 19D of
the District;
(e) voluntarily and knowingly waived any protest, complaint or legal action of
any nature whatsoever against the City, the District, or both of them, pertaining to the dissolution of
Improvement Area No. 19D of the District and any liens established by the recordation of the Notice
of Special Tax Lien, the failure to issue bonds or levy special taxes; and
(f) acknowledged and understood that the making of this request to dissolve
Improvement Area No. 19D, and the subsequent dissolution of Improvement Area No. 19D, and of
any liens established by the recordation of the Notice of Special Tax Lien, does not in any way
whatsoever absolve, terminate, extinguish, reduce or otherwise modify the obligation of the Owners
or any successor or assign of the Owners as the owner of all property in Improvement Area No. 19D
with respect to the Facilities required by the City or any other public agency as a condition of
approval of the development of the Owners' property within Improvement Area No. 19D;
NOW, THEREFORE, the City Council of the City of Beaumont does ordain as follows:
Section 1. Recitals. The above recitals are true and correct, and are incorporated herein
as if set forth in full.
Section 2. Findings. The City Council acting as the legislative body of the District
hereby finds and determines that:
A. No bonds have been issued by the District on behalf of Improvement Area
No. 19D and the District is not obligated to pay any outstanding debt on behalf of Improvement Area
No. 19D;
B. The Special Tax is no longer needed to pay principal and interest on debt
incurred in order to construct facilities under the authority of the Mello -Roos Act, to pay the costs
and incidental expenses of services or to pay the costs of the Services, and, based on the Request, is
no longer needed to pay for the construction of facilities or the financing of Services authorized by
the Mello -Roos Act; and
C. Accordingly, the Special Tax shall cease to be levied within Improvement
Area No. 19D and the District has no authorization to levy any special tax on behalf of Improvement
Area No. 19D.
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Section 3. Dissolution.
A. The City Council hereby dissolves Improvement Area No. 19D of the District
pursuant to Government Code Section 53338.5.
B. The City Council hereby orders the City Clerk to file or cause the filing of
Notice of Cessation of Special Tax pursuant to Government Code Section 53330.5, which shall also
be considered an addendum to the Notice of Special Tax Lien pursuant to Government Code
Section 53338.5, which Notice of Cessation of Special Tax shall state that the obligation to pay the
special tax has ceased and that the lien imposed by the Notice of Special Tax Lien recorded as
Document No. 2004-0993798 in the records of the office of the Assessor, County Clerk, and the
Recorder of County of Riverside, State of California, is extinguished and that Improvement Area
No. 19D and all associated liens have been dissolved, and shall additionally identify that the
boundary map of the District has been recorded in the County of Riverside, book 58, page 14 of the
Book of Maps of Assessments and Community Facilities Districts.
C. The Improvement Area Ordinance is hereby amended to repeal the authority
of the District to levy special taxes within Improvement Area No. 19D of the District. The
Improvement Area Ordinance shall otherwise remain unchanged. Nothing herein shall affect the
authorization to levy special taxes within the other Improvement Areas of the District.
Section 4. Effective Date. This Ordinance shall become effective (30) days from and
after its adoption.
Section 5. Severability. If any part of this Ordinance is held invalid for any reason, such
decision shall not affect the validity of the remaining portion of this Ordinance, and this City Council
hereby declares that it would have passed the remainder of this Ordinance if such invalid portion
thereof had been deleted.
Section 6. Adoption. The City Clerk shall certify to the adoption of this Ordinance,
publish a summary of this Ordinance and post a certified copy of the full Ordinance in the office of
the City Clerk at least five (5) days prior to the adoption of the proposed Ordinance; and within
fifteen (15) days after the adoption of the Ordinance, the City Clerk shall publish a summary of the
Ordinance with the names of the council members voting for and against the Ordinance.
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NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of
Beaumont, California, approves an amendment to the City Code.
INTRODUCED AND READ for the first time and ordered posted at a regular
meeting of the City Council of the City of Beaumont, California, held on the lst day
of June, 2021, by the following roll call vote:
AYES: Santos, Fenn, Martinez, White
NOES:
ABSENT: Lara
AB STAIN:
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of
the City of Beaumont, California, held on the 15th day of June, 2021.
AYES:
NOES:
ABSENT:
AB . ►,('
Ea:kV
pVr!or
Attest:
Nicole Wh 'ght, Deputy City C
Approved as
John .. Pinkney, City ttorney
Santos, Fenn, Martinez, White, Lara
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