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HomeMy Public PortalAboutOrdinance 721ORDINANCE NO. 721 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, STATE OF CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 93-1, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 93-1 WHEREAS, the City Council (the "City Council") of the City of Beaumont, California ("the City") on February 22, 1993, duly adopted Resolution No. 1993-06 declaring its intention to establish "City of Beaumont Community Facilities District No. 93-1" (the "Community Facilities District"), including twelve separate improvement areas therein (each an "Improvement Area," and collectively, the "Improvement Areas") and to levy special taxes to pay for certain public facilities in and for the Community Facilities District under and pursuant to the terms and provisions of the "Mello -Roos Community Facilities Act of 1982" (the "Act"), being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and calling a public hearing on the question of the establishment of such Community Facilities District and the Improvement Areas therein; and WHEREAS, the City Council on February 22, 1993, duly adopted Resolution No. 1993-07 declaring its intention to incur a bonded indebtedness with respect to each Improvement Arca in the amounts set forth in Exhibit A to Resolution No. 1993-07 to finance certain public facilities as set forth in Exhibit B to Resolution No. 1993-06 (as such facilities are more specifically enumerated in Resolution No. 1993-13, the "Facilities") which bonded indebtedness shall be secured by the levy of a special tax within the applicable Imnprovemnent Area; and WHEREAS, on April 26, 1993, the City Council by Resolution No. 1993-24 declared its intention to annex certain territory to the Community Facilities District, to levy a special tax to pay for certain public facilities in and for such Community Facilities District and declaring its intention to issue bonds secured by the special tax to finance certain facilities of such District; and WHEREAS, notices were published as required by law relative to the intention of the City Council to form the proposed District and each such Improvement Area, including the territory referenced in Resolution No. 1993-24, and to incur bonded indebtedness with respect to each such Improvement Area; and WHEREAS, pursuant to Resolution No. 1993-06, Resolution No. 1993-07 and Resolution No. 1993-24, public hearings have been duly convened and held on April 12, 1993 and June 14, 1993 in connection with the formation of Community Facilities District and the incorporation of the territory referenced in Resolution No. 1993-24 within the Community Facilities District, at which hearings the City Council considered the establishment of the Community Facilities District, the establishment of the Improvement Areas, the type and extent of the proposed Facilities (as defined in Resolution No. 1993-06), the proposed rate and method of apportionment of special tax in each Improvement Area therein, the proposed appropriations limit therefor, the necessity for incurring bonded indebtedness to finance Facilities and all other matters as set forth in Resolution No. 1993-06, Resolution No. 1993-07 and Resolution No. 1993-24, and at the above-mentioned time and place for such public hearings, all persons interested, including all taxpayers, property owners and registered voters within each Improvement Area within the Community Facilities District were given an opportunity to appear and be heard, and the testimony of all interested persons for or against the establishment of the Community Facilities District, the establishment of the Improvement Areas therein, the acquisition and construction of the Facilities, the provision of services, if any, the levy of the special tax within each respective Improvement Area, the extent of the Community Facilities District, the establishment of an appropriations limit for the Community Facilities District, the necessity for incurring bonded indebtedness to finance the Facilities, and any other matters set forth in said Resolution No. 1993-06, Resolution No. 1993-07 and Resolution No. 1993-24, were heard and considered and the City Council at the conclusion of said hearings was fully advised in the premises, and was authorized to proceed; and WHEREAS, following such public hearings, the City Council duly adopted Resolution No. 1993-13 establishing the Community Facilities District, the Improvement Areas therein and the Rate and Method of Apportionment of Special Tax for each Improvement Area as set forth therein and duly adopted Resolution No. 1993-14 authorizing the issuance of bonded indebtedness to be incurred with respect to each Improvement Area to finance all or a portion of the Facilities (including incidental expenses as authorized by the Act) in the respective amount set forth in Exhibit A to Resolution No. 1993-07, as modified by Resolution No. 1993-24; and C;MTORI)N.I WHEREAS, on July 20, 1993, an election was held within each Improvement Area except Improvement Area No. 8 in which the qualified electors of each respective Improvement Area approved by more than a two-thirds vote the propositions of incurring bonded indebtedness, levying a special tax and establishing an appropriations limit with respect to the applicable Improvement Area; and WHEREAS, such bonded indebtedness and interest thereon will be payable from a special tax levied and collected in accordance with and subject to the maximum rates applicable thereto; and WHEREAS, the City Council is fully advised in the premises; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: Section 1. All of the above recitals are true and correct. Section 2. By the passage of this ordinance, the City Council authorizes the levy of a special tax within Improvement Area Nos. 1 through 7 and 9 through 12 pursuant to the applicable rate and method of apportionment approved by Resolution No. 1993-13 which is hereby incorporated by reference herein. Section 3. The City Council is hereby further authorized each year by Resolution to determine the specific special tax rate and amount to be levied for the next fiscal year within each such Improvement Arca, except that the special tax rate to be levied shall not exceed that set forth in the applicable rate and method of apportionment approved by Resolution No. 1993-13, but the special tax may be levied at a lower rate. Section 4. Properties or entities of the state, federal, or other local governments shall, except as provided in Sections 53317.3, 53317.5, and 53340.1 of the Act, be exempt from the above - referenced and approved special tax. Section 5. All of the collections of the special tax shall be used as provided for in the Act and Resolution No. 1993-13 adopted on June 29, 1993. The special tax shall be levied only so long as needed for its purpose as described in said Resolution. Section 6. The above authorized 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, as such procedures may be modified by law or by the City Council from time to time. Section 7. As a cumulative remedy, if any amount levied pursuant hereto as a special tax for payment of bond interest or principal 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, order that the same be collected by an action brought in the superior court to foreclose any lien therefor. Section 8. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect thirty (30) days after its final passage. Section 9. This ordinance shall be in full force and effect thirty (30) days after its final passage in accordance with the provisions of Section 36937 of the California Government Code, and the specific authorization for adoption is pursuant to the provisions of Section 53340 of the Act. BMTORDN.I 2 MOVED AND PASSED upon first reading this 2 6 t h day of July the following roll call vote: AYES: NOES: ABSTAIN: , 1993 by Council Member Brey, McLaughlin, Parrott, Russo and Mayor Leja. None. None. ABSENT: None. MOVED, PASSED AND ADOPTED this 1 1 t h day of August the following roll call vote: AYES: Council Member McLaughlin, Russo and Mayor Leja. NOES: None. ABSTAIN: None. ABSENT: Al 1'bST: Council Member Brey and Parrott. of the City o Beaumont CERTIFICATION , 1993 by The foregoing is certified to be a true copy of Ordinance No. 721 duly introduced at a regular meeting of the City Council acting as the legislative body of Community Facility District No. 93-1 held on July 26 1993, and was duly adopted upon a second reading on August 11 , 1993 by the roll call votes indicated therein. BMTORDN.1 3 De ut ITY CLERK, CITY OF BEAUMONT