HomeMy Public PortalAboutOrdinance 810ORDINANCE NO. 810
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. 9
AND 10 OF COMMUNITY FACILITIES DISTRICT NO. 93-
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WHEREAS, the City Council (the "City Council") of the City of Beaumont,
California (the "City") in 1993, duly adopted Resolutions establishing "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 authorizing the levy of 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 January 16, 2001, duly adopted Resolution No.
2001-04 declaring its intention to change the Rate and Method of Apportionment of Special Tax
for Improvement Area No. 9 and the Rate and Method of Apportionment of Special Tax for
Improvement Area No. 10; and
WHEREAS, notices were published relative to the intention of the City Council
to change the rate and method of apportionment of special tax and the property owners were
provided notice of the proceedings; and
WHEREAS, pursuant to Resolution No. 2001-04, public hearings were duly
convened and held on February 20, 2001 at which the City Council proposed to change the rates
and methods of apportionment of special tax for Improvement Area Nos. 9 and 10, and at the
above-mentioned time and place for such public hearings, all persons interested, including all
taxpayers, property owners and registered voters within such Improvement Areas 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 proposed changes to such rates and methods
of apportionment of special tax, and any other matters set forth in said Resolution No. 2001-04,
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
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WHEREAS, following such public hearings, the City Council duly adopted
Resolution No. 2001- 13 authorizing the changes to each Rate and Method of Apportionment of
Special Tax for Improvement Area Nos. 9 and 10 as set forth therein; and
WHEREAS, on February 20, 2001, elections were held within Improvement
Area Nos. 9 and 10 in which the qualified electors of each such Improvement Area approved by
more than a two-thirds vote the proposition changing the applicable rate and method of
apportionment of special tax; and
WHEREAS, 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. 9 and 10 pursuant to the rate and method of
apportionment approved by Resolution No. 2001- 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 such Improvement Areas, except that the special tax rate to be levied shall not
exceed that set forth in the rate and method of apportionment, 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 proceedings conducted for the Community Facilities District. 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.
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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.
MOVED AND PASSED upon first reading this 27th day of February , 2001
by the following roll call vote:
AYES: Mayor Berg, Council Members DeForge, Dressel, Fox and Valdivia.
NOES: None.
ABSTAIN: None.
ABSENT: None.
MOVED, PASSED AND ADOPTED this 6th of March , 2001 by the
following roll call vote:
AYES: Mayor Berg, Council Members Dressel, Fox and Valdivia.
NOES: None.
ABSTAIN: None.
ABSENT: Council member DeForge
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Mayor of'the City of B
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