HomeMy Public PortalAboutOrdinance 812ORDINANCE NO. 812
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. 1 OF
COMMUNITY FACILITIES DISTRICT NO. 93-1
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 May 15, 2001, duly adopted its Resolution
declaring its intention to change the Rate and Method of Apportionment of Special Tax for
Improvement Area No. 1; 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 the Resolution adopted on May 15, 2001, a public
hearing was duly called, such hearing being continued to and convened and held on July 17,
2001 at which the City Council proposed to change the rates and methods of apportionment of
special tax for Improvement Area No. 1 and at the above-mentioned time and place for such
public hearing, all persons interested, including all taxpayers, property owners and registered
voters within such 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
proposed changes to such rates and methods of apportionment of special tax, and any other
matters set forth in said Resolution, 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 its
Resolution authorizing the changes to the Rate and Method of Apportionment of Special Tax for
Improvement Area 1 as set forth therein; and
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WHEREAS, on July 17, 2001, an election was held within Improvement Area
No. 1 in which the qualified electors of the Improvement Area approved by more than a two-
thirds vote the proposition changing the 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 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 No. 1 pursuant to the rate and method of
apportionment approved by the Resolution adopted on July 17, 2001 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 Area, 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 conductedfor 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.
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
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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.
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MOVED AND PASSED upon first reading this 17thday of July , 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 21st day of August , 2001 by the
following roll call vote:
AYES: Mayor Berg, Council Member DeForge, Fox, Valdivia.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Dressel
Mayor of the City of Bea
CERTIFICATION
The foregoing is certified to be a true copy of Ordinance No. 812duly introduced
at a regular meeting of the City Council acting as the legislative body of Community Facilities
District No. 93-1 held on July 17 _, 2001, and was duly adopted upon a second reading
on 8/21/01 , 2001 by the roll call votes indicated ther
ty ler , City . ' 1 eaumont
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