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HomeMy Public PortalAboutOrdinance 830ORDINANCE NO. 830 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. 15 OF COMMUNITY FACILITIES DISTRICT NO. 93-1 WHEREAS, the City Council (the "City Council") of the City of Beaumont, California ("the City") on April 2, 2002, duly adopted a Resolution (the "Resolution of Intention") declaring its intention to establish Improvement Area No. 15 ("Improvement Area No. 15") 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 No. 15 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. 15; and WHEREAS, notices were published as required by law relative to the intention of the City Council to form the proposed Improvement Area No. 15; and WHEREAS, pursuant to the Resolution of Intention, a public hearing was duly convened and held on May 7, 2002 in connection with the formation of Improvement Area No. 15, at which hearing the City Council considered the establishment of Improvement Area No. 15, the type and extent of the proposed Services (as defined in the Resolution of Intention), the proposed rate and method of apportionment of special tax in Improvement Area No. 15, the appropriations limit for the Community Facilities District, and all other matters as set forth in the Resolution of Intention, 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. 15 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. 15, the provision of Services, the levy of the special tax within Improvement Area No. 15, the establishment of an appropriations limit for the Community Facilities District, and any other matters set forth in the Resolution of Intention, 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 a Resolution establishing the boundaries of Improvement Area No. 15 (the "Resolution of Formation") and the rate and method of apportionment of special taxes for Improvement Area No. 15 (the "Rate and Method of Apportionment of Special Taxes") as set forth therein; and WHEREAS, on May 7, 2002, an election was held within Improvement Area No. 15 in which the qualified electors of Improvement Area No. 15 approved by more than a two-thirds vote the proposition providing Services for Improvement Area No. 15, levying a special tax and establishing an appropriations limit; 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; 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: Section I. 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. 15 pursuant to the Rate and Method of Apportionment of Special Taxes 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. 15, except that the special tax rate to be levied shall not exceed that set forth in the Rate and Method of Apportionment of Speciale Taxes 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 May 7, 2002. 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, 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. 2 MOVED AND PASSED upon first reading this 7th day of May , 2002 by the following roll call vote: AYES: Mayor DeForge, Council Members Fox, Dressel, Berg, Valdivia. NOES: None. ABSTAIN: None. ABSENT: None. MOVED, PASSED AND ADOPTED this 21st day of May following roll call vote: , 2002 by the AYES: Mayor DeForge, Council Members Fox, Dressel, and Valdivia. NOES: None. ABSTAIN: None. ABSENT: Council Member Berg. ATTEST: DEPUT ITY CLE MAYOR OF E ITY OF BEAUMONT CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 830 duly introduced at a regular meeting of the City Council acting as the legislative body of Community Facilities District No. 93-1 held on May 7 , 2002 2002, and was duly adopted upon a second reading on May 21, 2002 , 2002 by the roll call votes indicated therein. (SEAL) 3 DEPU r CITY CLE' i1 CIT4IF BEAUMO COMMUNITY FACILITIES DISTRICT NO. 93-1 OF THE CITY OF BEAUMONT RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR SERVICES FOR IMPROVEMENT AREA NO. 15 A "Special Tax for Services" as hereinafter defined shall be levied on all Assessor's Parcels in Improvement Area No. 15 ("IA No. 15") of Community Facilities District No. 93-1 of the City of Beaumont ("CFD No. 93-1") and collected each Fiscal Year commencing in Fiscal Year 2001-2002, in an amount determined by the City Council through the application of the appropriate Special Tax for Services for "Developed Property," as described below. All of the real property in IA No. 15, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan or other recorded County parcel map. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means any ordinary and necessary expenses of the City to carry out the administration of the Special Tax for Services for IA No. 15. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's Parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel number. "CFD No. 93-1" means City of l3eaumont Community Facilities District No. 93-1. "City" means the City of Beaumont. City of Beaumont Improvement Area No. 15 of CFD No. 93-1 May 7, 2002 Page 1 "Consumer Price Index" means the index published monthly by the U.S. Department of Labor, Bureau of Labor Statistics for all urban consumers in the Los Angeles -Riverside -Orange County area. "Council" means the City Council of the City of Beaumont, acting as the legislative body of IA No. 15 of CFD No. 93-1. "County" means the County of Riverside. "Developed Property" means, for each Fiscal Year, all means the Assessor's Parcels within the boundaries of IA No. 15 which are not exempt from the Special Tax pursuant to law or Section E below, for which a building permit for new construction was issued as of March 1 of the prior Fiscal Year. "Dwelling Unit" means each individual dwelling unit on a Residential Property, including single-family and multi -family dwelling units. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Improvement Area No. 15" means Improvement Area No. 15 of CFD No. 93-1 as depicted on the boundary map of CFD No. 93-1. "Land Use Class" means any of the classes listed in Table 1 below. "Maximum Special Tax for Services" means the maximum Special Tax for Services that can be levied within IA No. 15 by the City Council in any Fiscal Year for each Assessor's Parcel of Developed Property. "Non -Residential Property" means all Assessor's Parcels of Developed Property for which a building permit(s) was issued for non-residential uses. "Property Owner Association Property" means any property within the boundaries of IA No. 15 that is owned by or dedicated to a property owner association, including any master or sub -association. "Public Property" means any property within the boundaries of IA No. 15 that is used for rights-of-way or any other purpose and is owned by or irrevocably offered for dedication to the federal government, the State, the County or any other public agency, provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use. "Religious Property" means all Assessor's Parcels within IA No. 15 which is used as a place of worship and is exempt from ad valorem property taxes because it is owned by a religious organization. City of Beaumont Improvement Area No. 15 of CFD No. 93-1 May 7, 2002 Page 2 "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Special Tax for Services" means the special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property to fund the Special Tax Requirement for Services. "Special Tax Requirement for Services" means the amount determined in any Fiscal Year sufficient to pay the costs of IA No. 15, including: (i) IA No. 15's fair share of the maintenance of the common landscape areas located around the perimeter of each tract included within IA No. 15 and the maintenance of parks, trails, parkways and drainage facilities, (ii) Administrative Expenses, and (iii) anticipated delinquent Special Taxes for Services based on the delinquency rate in IA No. 15 for the previous Fiscal Year. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Developed Property within IA No. 15 shall be subject to the Special Tax for Services in accordance with the rate and method of apportionment determined pursuant to Sections C and D below. For purposes of determining the applicable Maximum Special Tax for Services for each Assessor's Parcel of Developed Property, all Developed Property shall be assigned to one of the Land Use Classes designated in Table 1 below. C. MAXIMUM SPECIAL TAX RATE a. Maximum Special Tax for Services The Maximum Special Tax for Services for each Assessor's Parcel shall be the Assigned Special Tax for Services. The Fiscal Year 2002-2003 Assigned Special Tax for Services for each Land Use Class is shown below in Table 1. TABLE 1 Maximum Special Taxes for Services for Developed Property in Improvement Area No. 15 of Community Facilities District No. 93-1 (Fiscal Year 2002-2003) Land Use Class Description Maximum Special Tax for Services 1 Dwellin• Unit $247 per dwelling unit 2 Non -Residential Property $995 per Acre b. Increases in the Maximum Special Tax for Services City of Beaumont Improvement Area No. 15 of CFD No. 93-1 May 7, 2002 Page 3 Commencing July 1, 2003 and each July thereafter, the Maximum Special Tax for Services for the prior Fiscal Year shall be adjusted by an amount equal to the percentage change in the Consumer Price Index for the calendar year ending in December of the prior Fiscal Year. D. METHOD OF APPORTIONMENT Commencing with Fiscal Year 2002-2003 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement for Services and shall levy the Special Tax for Services until the amount of the Special Taxes for Services equals the Special Tax Requirement for Services, subject to the limitations specified in Section C herein, as follows: The Special Tax for Services shall be levied in equal percentages on each Assessor's Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax for Services as needed to satisfy the Special Tax Requirement for Services. Notwithstanding the above, under no circumstances will the Special Tax for Services levied against any Assessor's Parcel of Developed Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within the IA No. 15. E. EXEMPTIONS The City Council shall not levy a Special Tax for Services on the following: 1. Property designated as Public Property or Property Owner Association Property. 2. Properties owned by entities of the State of California, federal or other public agencies except as otherwise provided in Sections 53317.3 and 53317.5 of the Act. F. REVIEW/APPEAL COMMITTEE Any landowner or resident who feels that the amount of the Special Tax for Services levied on their Assessor's Parcel is in error may file a notice with CFD No. 93-1 appealing the amount of the Special Tax for Services levied on such Assessor's Parcel. A representative of CFD No. 93-1 shall then review the appeal and, if necessary, meet with the applicant. If the findings of the representative of CFD No. 93-1 verify that the amount of the Special Tax for Services should be modified or changed, then, as appropriate, the Special Tax for Services shall be corrected. City of Beaumont Improvement Area No. 15 of CFD No. 93-1 May 7, 2002 Page 4 G. MANNER OF COLLECTION The Special Tax for Services shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that IA No. 15 of CFD No. 93-1 may collect Special Taxes for Services at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose on delinquent Assessor's Parcels as permitted by the Act. H. TERM OF SPECIAL TAX The Special Tax for Services shall be levied as long as it is needed to meet the Special Tax Requirement for Services, as determined at the sole discretion of the City Council. City of Beaumont Improvement Area No. 15 of CFD No. 93-1 May 7, 2002 Page 5