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HomeMy Public PortalAboutOrdinance 835ORDINANCE NO. 835 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. 10A OF COMMUNITY FACILITIES DISTRICT NO. 93-1 WHEREAS, the City Council (the "City Council") of the City of Beaumont, California (the "Cit}") 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 August 20, 2002, duly adopted Resolution No. 2002-53 declaring its intention to establish Improvement Area No. 10A in Improvement Area No. 10 and to change the Rate and Method of Apportionment of Special Tax for Improvement Area No. 10A; and WHEREAS, notices were published as required by law relative to the intention of the City Council to change the rate and method of apportionment of special tax; and WHEREAS, pursuant to Resolution No. 2002-53, a public hearing was duly convened and held on November 5, 2002 at which the City Council proposed to establish Improvement Area No. 10A in Improvement Area No. 10 and to change the rate and method of apportionment of special tax for Improvement Area No. 10A, 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 rate and method of apportionment of special tax, and any other matters set forth in said Resolution No. 2002-53, 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. 2002-63 authorizing the changes to the rate and method of apportionment of special tax for Improvement Area No. 10A as set forth in the Revised Rate and Method of Apportionment of Special Tax for Improvement Area No. 10A in the Public Report and attached to said resolution as Exhibit B; and ORDINANCE 835/LR/270 ORDINANCE (10A) WHEREAS, on November 5, 2002, an election was held within Improvement Area No. 10A in which the qualified electors of such 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 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 No. 10A pursuant to the Revised Rate and Method of Apportionment of Special Tax for Improvement Area No. 10A approved by Resolution No. 2002-63 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. 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. ORDINANCE (I0A) 2 ORDINANCE 635/LR/270 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 5th day of November, 2002 by the following roll call vote: AYES: Council Member Fox, Berg, Dressel, and Valdivia. NOES: None. ABSTAIN: Mayor DeForge, due to conflict of interest. ABSENT: None. MOVED, PASSED AND ADOPTED this 19th day of November, 2002 by the following roll call vote: AYES: Council Members Fox, Berg, and Valdivia. NOES: None. ABSTAIN: Mayor DeForge, due to conflict of interest. ABSENT: Council Member Dressel. ORDINANCE (I OA) 3 Mayr Pro Tem d'F the City of Beaumont ORDINANCE 835/LR270 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 835 duly introduced at a regular meeting of the City Council acting as the legislative body of Community Facilities District No. 93-1 held on November 5, 2002, and was duly adopted upon a second reading on November 19, 2002 by the roll call votes indicated therein. (SEAL) Deputy City erk, City of aumont ORDINANCE (10A) ORDINANCE 835/LR/270