HomeMy Public PortalAboutOrdinance 825ORDINANCE NO. 825
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. 8 OF
COMMUNITY FACILITIES DISTRICT NO. 93-1
WHEREAS, the City Council (the "City Council") of the City of Beaumont,
California (the "City") on October 9, 2001 duly adopted Resolution No. 2001-49 declaring its
intention to levy special taxes to pay for certain facilities in and for Improvement Area No. 8
("Improvement Area No. 8) of Community Facilities District No. 93-1 (the "Community
Facilities District") and to issue bonds secured by a special tax to finance certain facilities of
such Improvement Area 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. 8; and
WHEREAS, notices were published relative to the intention of the City Council
to authorize the rate and method of apportionment of special tax and the issuance of bonds and
the property owners were provided notice of the proceedings; and
WHEREAS, pursuant to the Resolution adopted on October 9, 2001, a public
hearing was duly called, such hearing being continued to and convened and held on February 5,
2002 at which hearing the City Council considered the type and extent of the proposed Facilities
(as defined in Resolution No. 2002- , the proposed rate and method of apportionment of
special tax for Improvement Area No. 8, 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. 2002- , 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
establishment of Improvement Area No. 8, the provision of Facilities, the levy of the special tax
within Improvement Area No. 8, 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, 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 establishing the boundaries of Improvement Area No. 8 (the "Resolution of
Formation") and the Rate and Method of Apportionment of Special Tax for Improvement Area
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No. 8 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 February 5, 2002, an election was held within Improvement Area
No. 8 in which the qualified electors of the Improvement Area 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, 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. 8 pursuant to the rate and method of
apportionment approved by the Resolution adopted on February 5, 2002 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 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.
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MOVED AND PASSED upon first reading this 5th day of February , 2002
by the following roll call vote:
AYES: Mayor DeForge, Council Members Fox, Dressel, Valdivia
NOES: NONE
ABSTAIN: NONE
ABSENT: Council Member Dressel
MOVED, PASSED AND ADOPTED this nth day ofFebrurary , 2002 by the
following roll call vote:
AYES: Mayor Deforge, Council Members Fox, Dressel, Valdivia
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ATTEST:
ieCe
Mayor of t City of Beaumont
CERTIFICATION
The foregoing is certified to be a true copy of Ordinance No. SJ5duly introduced
at a regular meeting of the City Council acting as the legislative body of Community Facilities
District No. 93-1 held on Pebrufa.,(( &•1", 2002, and was duly adopted upon a second reading
on i. vaa✓y i i , 2002 by the rotfcall votes indicated therein.
Depu "City Clerk, CitfBeaumont
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