HomeMy Public PortalAboutOrdinance 800ORDINANCE NO. 800
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. 14 OF COMMUNITY FACILITIES
DISTRICT NO. 93-1
WHEREAS, the City Council (the "City Council") of the City of Beaumont, California ("the
City") on November 9, 1999, duly adopted Resolution No. 1999-39 declaring its intention to establish
Improvement Area No. 14 ("Improvement Area No. 14") of City of Beaumont Community Facilities District
No. 93-1 (the "Community Facilities District"), and to levy special taxes to pay for certain facilities in and
for Improvement Area No. 14 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. 14; and
WHEREAS, notices were published as required by law relative to the intention of the City
Council to form the proposed Improvement Area No. 14 and to incur bonded indebtedness secured by the
special taxes; and
WHEREAS, pursuant to Resolution No. 1999-39, a public hearing was duly convened and
held on December 28, 1999 in connection with the formation of Improvement Area No. 14, at which hearing
the City Council considered the establishment of Improvement Area No. 14, the type and extent of the
proposed Facilities (as defined in Resolution No. 1999-39), the proposed rate and method of apportionment
of special tax in Improvement Area No. 14, the incurring of bonded indebtedness to finance Facilities, the
appropriations limit for the Community Facilities District, and all other matters as set forth in Resolution
No. 1999-39, 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 No. 14 and 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 Improvement Area No. 14, the provision of
Facilities, the levy of the special tax within Improvement Area No. 14, the incurring of bonded indebtedness
to finance facilities, the establishment of an appropriations limit for the Community Facilities District, and
any other matters set forth in said Resolution No. 1999-39, 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.
1999- establishing Improvement Area No. 14 (the "Resolution of Formation") and the Rate and Method
of Apportionment of Special Tax for Improvement Area No. 14 as set forth therein and authorizing the
issuance of bonded indebtedness to finance the Facilities (including incidental expenses as authorized by the
Act); and
WHEREAS, on December 28, 1999, an election was held within Improvement Area No.
14 in which the qualified electors of Improvement Area No. 14 approved by more than a two-thirds vote the
proposition authorizing acquisition and construction of Facilities for Improvement Area No. 14, levying a
special tax and establishing an appropriations limit; and
WHEREAS, such Facilities will be payable from a special tax levied and collected in
accordance with and subject to the maximum rates applicable thereto; and
. BMI4ORDA.wpd
WHEREAS, on December 28, 1999, an election was held within the Improvement Area in
which qualified electors of the Improvement Area approved by more than a two-thirds vote the proposition
of incurring bonded indebtedness, levying a special tax and establishing an appropriations limit;
WHEREAS, such bonded indebtedness and interest thereon will be payable form 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 ofa special
tax within Improvement Area No. 14 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. 14, except that the special tax rate to be levied shall not exceed that set forth in the 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 December 28, 1999. 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 Deputy 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.
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.
2 BMI4ORDA.wpd
MOVED AND PASSED upon first reading this 28h day of December, 1999 by the
following roll call vote:
AYES: Mayor Leja, Council Member BErg, DeForge, and Zeller.
NOES:
None.
ABSTAIN:
ABSENT:
None.
Council Member Westcot.
2000
MOVED, PASSED AND ADOPTED this 11th day of January ,XERCI9Xby the
following roll call vote:
AYES: Mayor Leja, Council Members Berg, DeForge, Westcot, and Zeller.
NOES:
None.
ABSTAIN: None.
ABSENT: None.
ATTEST:
MAYOR OF THE CITY OF B UMONT
CERTIFICATION
The foregoing is certified to be a true copy of Ordinance No. 800duly introduced at a regular
meeting of the City Council acting as the legislative body of Community Facility District No. 93-1 held on
December 28, 1999, and was duly adopted upon a second reading on January 11, 2000 , lilin by the roll
call votes indicated therein.
(SEAL)
3
CITY CLE
OF BEAUM
BMI4ORDA.wpd