HomeMy Public PortalAboutOrdinance 1133ORDINANCE NO. 1133
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BEAUMONT, ACTING IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF CITY OF BEAUMONT COMMUNITY FACILITIES
DISTRICT NO. 2021-1 (FAIRWAY CANYON), AUTHORIZING THE
LEVY OF A SPECIAL TAX WITHIN THE COMMUNITY
FACILITIES DISTRICT
THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Findings.
A. On April 20, 2021, the City Council (the "City Council") of the City of
Beaumont (the "City") adopted Resolution No. 2021-20 declaring its intention to form City of
Beaumont Community Facilities District No. 2021-1 (Fairway Canyon) (the "Community Facilities
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 adopted Resolution No. 2021-21 declaring its intention to incur bonded indebtedness of
the Community Facilities District; and
B. On June 1, 2021, after providing all notice required by the Act, the City
Council opened a public hearing required by the Act relative to the formation of the Community
Facilities District, the proposed levy of special taxes within the Community Facilities District to
finance certain public improvements and services described in Resolution No. 2021-20 and to secure
the payment of any bonded indebtedness of the Community Facilities District in an amount not to
exceed $19,500,000; and
C. At the public hearing, all persons desiring to be heard on all matters
pertaining to the formation of the Community Facilities District, the proposed levy of the special tax
within the Community Facilities District to finance the public facilities, incidental expenses and
services described in Resolution No. 2021-20 and the proposed issuance of bonded indebtedness of
the Community Facilities District were heard and a full and fair hearing was held; and
D. On June 1, 2021, following the close of the public hearing, the City Council
adopted a resolution establishing the Community Facilities District (the "Resolution of Formation")
and a resolution determining the necessity to incur bonded indebtedness of the Community Facilities
District (the "Resolution to Incur Bonded Indebtedness") each of which called a consolidated special
election on June 1, 2021 within the Community Facilities District on three propositions relating to
the levying of special taxes, the incurring of bonded indebtedness and the establishment of an
appropriations limit for the Community Facilities District; and
E. On June 1, 2021, a special election was held within the Community Facilities
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 Community Facilities District for the purposes
described in the Resolution of Intention and Resolution of Formation and the issuance of bonded
indebtedness for the Community Facilities District as described in the Resolution to Incur Bonded
Indebtedness.
Section 2. Ordinance: Authorizing the Levy of a Special Tax within the Community
Facilities District.
A. The above recitals are all true and correct.
B. By the passage of this Ordinance, the City Council authorizes the levy of the
special taxes within the Community Facilities District at the maximum rates and in accordance with
the rates and methods of apportionment set forth in the Resolution of Formation adopted by the City
Council on June 1, 2021, which rate and method of apportionment for the Community Facilities
District is incorporated by reference herein (the "Rate and Method").
C. The Finance Director of the City is hereby further authorized and directed
each fiscal year, on or before August 10 of each year, or such later date as is permitted by law, to
determine the specific special tax rates and amounts to be levied for the next ensuing fiscal year for
each parcel of real property within the specific special tax rate and amount to be levied on each
parcel of land in the Community Facilities District pursuant to the Rate and Method. The special tax
rate to be levied pursuant to the Rate and Method shall not exceed the applicable maximum rates set
forth therein, but the special taxes may be levied at a lower rate.
D. Properties or entities of the state, federal or other local governments shall be
exempt from the special taxes, except as otherwise provided in Sections 53317.3 and 53317.5 of the
Act and the Rate and Method. No other properties or entities are exempt from the special taxes
unless the properties or entities are expressly exempted in the Resolution of Formation, or in a
resolution of consideration to levy a new special tax or special taxes or to alter the rate or method of
an existing special tax as provided in Section 53334 of the Act.
E. All of the collections of the special taxes pursuant to the Rate and Method
shall be used as provided for in the Act and the Resolution of Formation. The special taxes shall be
levied within the Community Facilities District only so long as needed for the purposes described in
the Resolution of Formation.
F. The special taxes levied pursuant to the Rate and Method 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.
G. As a cumulative remedy, if any amount levied as a special tax for payment of
the interest or principal of any bonded indebtedness of the Community Facilities District, 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 issued by the Community Facilities District, order that the same be collected by an action
brought in the superior court to foreclose the lien of such special tax.
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H. The specific authorization for adoption of this Ordinance is pursuant to the
provisions of Section 53340 of the Act.
I. The City Clerk is hereby authorized to transmit a certified copy of this
ordinance to the Riverside County Assessor and Treasurer Tax Collector, 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 3. Severability. If any provision of this ordinance or the application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other provisions or applications
of this Ordinance which can be given effect without the invalid provision or application, and to this
end the provisions of this Ordinance are severable. The City Council hereby declares that it would
have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.
Section 4. Effective Date. This Ordinance shall become effective thirty (30) days from its
adoption.
Section 5. Publication. The City Clerk shall certify to the adoption of this Ordinance and
cause it, or a summary of it, to be published in a newspaper of general circulation printed and
published within the City of Beaumont, pursuant to all legal requirements.
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 1st day
ofJune, 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 ofJune, 2021.
AYES:
NOES:
ABSENT:
ABST
ike
Santos, Fenn, Martinez, White, Lara
or
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Attest:
Nicole Whe: wright, Deputy City
Approved a + f+ rm:
ity Attorney
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