HomeMy Public PortalAboutOrdinance 1103ORDINANCE NO. 1103
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT,
CALIFORNIA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (OLIVEWOOD - SERVICES) OF THE
CITY OF BEAUMONT AUTHORIZING THE LEVY OF SPECIAL TAXES
WHEREAS, on August 7, 2018, the City Council (the "City Council") of the City of
Beaumont (the "City") adopted Resolution No. 2018-42 declaring its intention to form Community
Facilities District No. 2018-1 (Olivewood — Services) of the City of Beaumont (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
WHEREAS, on September 18, 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 safety and/or
maintenance services described in Resolution No. 2018-48; and
WHEREAS, at the September 18, 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 services described in Resolution No. 2018-48 were heard and a full and fair hearing was held;
and
WHEREAS, on September 18, 2018, the City Council adopted Resolution No. 2018-48
which formed the District and called a special election within the District on September 18, 2018 on
two propositions relating to the levy of a special tax within the District and the establishment of an
appropriations limit for the District; and
WHEREAS, on September 18, 2018, a special election was held within the District at which
the qualified electors approved by more than a two-thirds vote Propositions A and B authorizing the
levy of a special tax within the District for the purposes described in Resolution No. 2018-49 and
establishing an appropriations limit for the District; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT ACTING IN
ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO.
2018-1 (OLIVEWOOD - SERVICES) OF THE CITY OF BEAUMONT ORDAINS AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. By the passage of this Ordinance, the Board authorizes and levies special
taxes 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 "A" to Resolution No.
2018-48, 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 so long as the services authorized to be financed by the District, are provided through such
financing within the District.
SECTION 3. Each of the Mayor, the City Manager, the Assistant City Manager, 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 directed to provide all necessary
information to the Treasurer -Tax Collector of the County of Riverside 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.
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 G 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. 2018-48, 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. 2018-48.
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.
SECTION 7. 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 Press Enterprise, a newspaper of general circulation published and
circulated in the City of Beaumont.
SECTION 8. The specific authorization for adoption of this Ordinance is pursuant to the
provisions of Section 53340 of the Act.
SECTION 9. The City Clerk is hereby authorized to transmit a certified copy of this
ordinance to the Treasurer -Tax Collector of the County of Riverside, 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 10. 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 11. This Ordinance shall take effect thirty days after its final passage.
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AT ITS FIRST READING, APPROVED at a regular meeting of the City Council of the City
of Beaumont, California, this 18d' day of September by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN
Santos, White, Lara, Martinez, Carroll
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City
of Beaumont, California, this 2nd day of October by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
Santos, White, Lara, Martinez, Carroll
&iitei,VA-g-4(&)
Andreanna Pfeiffer, CITY
APPROVED AS TO FORM:
John O inkney, City/ t`torney
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Nanc YOR OF THE CITY OF
B • UMO