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Home My Public Portal AboutOrdinance 760ORDINANCE NO. 760 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 NOS. 3, 9,10 AND 11 OF COMMUNITY FACILITIES DISTRICT NO. 93-1 WHEREAS, the City Council (the "City Council") of the City of Beaumont, California ("the City") on January 23, 1996, duly adopted Resolution No. 1996-04 declaring its intention to provide services for Improvement Area Nos. 3, 9, 10 and 11 ("Improvement Area Nos. 3, 9, 10 and 11") 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 Nos. 3, 9, 10 and 11 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 Nos. 3, 9, 10 and 11; and WHEREAS, notices were published as required by law relative to the intention of the City Council to provide services for Improvement Area Nos. 3, 9, 10 and 11; and WHEREAS, pursuant to Resolution No. 1996-04, a public hearing was duly convened and held on February 26, 1996 in connection with authorized services for Improvement Area Nos. 3, 9, 10 and 11, at which hearing the City Council considered the type and extent of the proposed Services (as defined in Resolution No. 1996-04, the "Services"), the proposed rate and method of apportionment of special tax in Improvement Area Nos. 3, 9, 10 and 11 for such Services and all other matters as set forth in Resolution No. 1996-04, and at the above-mentioned time and place for such public hearing, all persons interested, including all taxpayers, property owners and registered voters within Improvement Area Nos. 3, 9, 10 and 11 were given an opportunity to appear and be heard, and the testimony of all interested persons for or against the authorized Services for Improvement Area Nos. 3, 9, 10 and 11, the provision of Services, the levy of the special tax within Improvement Area Nos. 3, 9, 10 and 11 and any other matters set forth in said Resolution No. 1996-04, 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. 1996-12 authorizing the provisions of Services for Improvement Area Nos. 3, 9, 10 and 11 (the "Resolution of Formation") and the Rate and Method of Apportionment of Special Tax for Improvement Area Nos. 3, 9, 10 and 11 as set forth therein; and WHEREAS, on March 26, 1996, an election was held within Improvement Area Nos. 3, 9, 10 and 11 in which the qualified electors of Improvement Area Nos. 3, 9, 10 and 11 approved by more than a two-thirds vote the proposition providing Services for Improvement Area Nos. 3, 9, 10 and 11 and levying a special tax; 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; BMTORD.96A/LT/136 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. 3, 9, 10 and 11 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 Nos. 3, 9, 10 and 11, 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 February 26, 1996. 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 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, 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 fmal 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. 2 BMTORD.96A/LT/136 MOVED AND PASSED upon first reading this 8th day of April , 1996 by the following roll call vote: AYES: Mayor Leja, Mayor Pro Tem Berg, Councilmembers Parrott, Westcot and Zeller. NOES: None. ABSTAIN: None. ABSENT: None. MOVED, PASSED AND ADOPTED this 22nd day of April , 1996 by the following roll call vote: AYES: Mayor Leja, Mayor Pro Tem Berg and Councilmembers Parrott, Westcot and Zeller. NOES: None. ABSTAIN: None. ABSENT: None. ATTEST: AYOR OF THE CITY OF 1 EAUMONT CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 760luly introduced at a regular meeting of the City Council acting as the legislative body of Community Facility District No. 93-1 held on 4-8-96 1996, and was duly adopted upon a second reading on 4-22-96 , 1996 by the roll call votes indicated therein. (SEAL) 3 /Y2 LL,c q� 1 /G CIT LERK, CI OF BEAUMON BMTORD.96A/LT/136 From the Office of: dit±, of BEaum.orzi 550 East Sixth Street P.O. Box 158 Beaumont, CA 92223-0158 FAXGRAM 714-845-1171 FAX 845-8483 T0: 2 /'fir /et,'%'6...- FROM: DATE: NUMBER OF PAGES (/) Including this Page MESSAGE: e— /224' /22 h�, [c) j 6 IF YOUR COPY IS NOT CLEAR, OR THERE IS A PROBLEM WITH THE TRANSMISSION, ADVISE BY RETURN FAX OR CALL 845-4321. Transmitted: `i--;2 5: - Time: Time: 4 Operator:. i