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Home My Public Portal AboutOrdinance 752ORDINANCE NO. 752 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 IMPROVEMENT AREA NO. 13 OF COMMUNITY FACILITIES DISTRICT NO. 93-1 WHEREAS, the City Council (the "City Council") of the City of Beaumont, California ("the City") on April 10, 1995, duly adopted Resolution No. 1995-17 declaring its intention to establish Improvement Area No. 13 ("Improvement Area No. 13") of City of Beaumont Community Facilities District No. 93-1 (the "Community Facilities District"), and to levy special taxes to pay for certain Services in and for Improvement Area No. 13 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 Improvement Area No. 13; and WHEREAS, notices were published as required by law relative to the intention of the City Council to form the proposed Improvement Area No. 13; and WHEREAS, pursuant to Resolution No. 1995-17, a public hearing was duly convened and held on May 22, 1995 in connection with the formation of Improvement Area No. 13, at which hearing the City Council considered the establishment of Improvement Area No. 13, the type and extent of the proposed Services (as defined hi Resolution No. 1995-17), the proposed rate and method of apportionment of special tax in Improvement Area No. 13, the appropriations limit for the Community Facilities District, and all other matters as set forth in Resolution No. 1995-17, and at the above-mentioned time and place for such public hearing, all persons imeiestcd, including all taxpayers, property owners and registered voters within Improvement r_rea No. 13 wera given an opportunity to appear and be heard, and the testimony of all interested persons for or against the establishment of Improvement Area No. 13, the provision of Services, the levy of the special tax within Improvement Area No. 13, the establishment of an appropriations limit for the Community Facilities District, and any other matters set forth in said Resolution No. 1995-17, were heard and considered and the City Council at the conclusion of said hearing was fully advised in the premises, and was authorized to proceed; and WHEREAS, following such public hearing, the City Council duly adopted Resolution No. 1995-24 establishing Improvement Area No. 13 (the "Resolution of Formation") and the Rate and Method of Apportionment of Special Tax for Impro"-ement Area No. 13 as set forth therein; and WHEREAS, or, May 22, 1995, an election was held within ImprG.":.l e.ot Area No. 13 in which the qualified electors of Iml)rovement Area No. 13 approved by more than a t thirds vote the proposition providing Services for Improvement Area No. 13, levying a special tax rr_d establishing an appropriations limit; and WHEREAS, such Services 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; BMTORDN.953 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 No. 13 pursuant to the rate and method of apportionment approved by the Resolution of Formation 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 Improvement Area No. 13, 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 the Resolution of Formation, 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 the Resolution of Formation adopted on May 22, 1995. 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 fmal passage. Section 9. This ordinance shall be in full force and effect thirty (30) days after its fmal passage in accordance with the provisions of Section 36937 of the California Government Code, and the specific authorization fcr adoption is pursuant to the provisions of Section 53340 of the Act. 2 BMTORDN.953 MOVED AND PASSED upon first reading this2 2n d day of Itl a y , 1995 by the following roll call vote: AYES: mayor Leja, Mayor Pro Tem Parrott, Councilmembers Berg and Brey. NOES: None. ABSTAIN: None. ABSENT: Councilmember Russo. MOVED, PASSED AND ADOPTED thisl 2 t h day of June , 1995 by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Mayor Pro Tem Parrott, Councilmembers Berg and Russo. None. None. Mayor Leja and Councilmember Brey. MAYOR OF THE CITY OF -4EAUMONT CERTIFICATION The foregoing is certified to be a true copy of Ordinance No.752 duly introduced at a regular meeting of the City Council acting as the legislative body of Community Facility District No. 93-1 held on m a y 2 2 , 1995, and was duly adopted upon a second reading on June 12 , , 1995 by the roll call votes indicated therein. (SEAL) 3 CITY CLERK, CITY OF BEAUMONT BMTORDN.953 * P.01 * * TRANSACTION REPORT * JUN-15-95 THU 16:11 * * * DATE START RECEIVER TX TIME PAGES TYPE NOTE M# * * * * JUN-15 16:08 8456713 2'07" 4 SEND OK * * * From the Office of: city of iSEaun2ovtt 550 East Sixth Street P.O. Box 158 Beaumont, CA 92223-0158 FAXGRAM 714-845-1171 FAX 845-8483 TO: FROM: 89T- ( -7/3 DATE: - /6"-- Is" NUMBER OF PAGES(14!,(1) In uding this Page MESSAGE:12.4.ax_i_<_.0„/L IF YOUR COPY IS NOT CLEAR, OR THERE IS A PROBLEM WITH THE TRANSMISSION, ADV SE BY RETURN FAX OR CALL 845-4321. Transmitted: 6, S7 ?(— Time: Operator: