HomeMy Public PortalAboutOrdinance 836ORDINANCE NO. 836
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. 14A
AND THE LEVY OF A SPECIAL TAX WITHIN
IMPROVEMENT AREA NO. 14B 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 September 17, 2002, duly adopted Resolution No.
2002-57 declaring its intention to establish Improvement Area Nos. 14A and 14B in Improvement
Area Nos. 14, and to change the Rate and Method of Apportionment of Special Tax for Improvement
Area Nos. 14A and 14B; 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. 2002-57, a public hearing was duly
convened and held on November 5, 2002 at which the City Council proposed to establish
Improvement Area Nos. 14A and 14B in Improvement Area Nos. 4, and to change the rate and
method of apportionment of special tax for Improvement Area Nos. 14A and 14B, 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. 2002-57, 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. 2002-64 authorizing the changes to the rate and method of apportionment of special
ORDINANCE (14AI4B) ORDINANCE NO. 836/LR@70
tax for Improvement Mea Nos. 14A and 14B as set forth in the Revised Rate and Method of
Apportionment of Special Tax for Improvement Area Nos. 14A and 1413 in the Public Report and
attached to said resolution as Exhibit B; and
WHEREAS, on November 5, 2002, an election was held within Improvement Area
Nos. 14A and 1413 in which the qualified electors of each 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. 14A pursuant to the Revised Rate and Method of
Apportionment of Special Tax for Improvement Area No. 14A and authorizes the levy of a special
tax within Improvement Area No. 14B pursuant to the Revised Rate and Method of Apportionment
of Special Tax for Improvement Area No. 1413, each approved by Resolution No. 2002-64 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.
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 Member Fox, Berg, and Valdivia.
NOES: None.
ABSTAIN: Mayor DeForge, due to conflict of interest.
ABSENT: Council Member Dressel.
ATTEST:
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ayor 'ro Tem of the City of Beaumont
ORDINANCE NO. 836/LR/270
Pio
Cl
Deputy City
CERTIFICATION
The foregoing is certified to be a true copy of Ordinance No. 834 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)
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eputy City CI f ,City of Beau
ORDINANCE NO. 836/LR/270