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Home My Public Portal AboutOrdinance 85111111 I 1=111! ORDINANCE NO. 851 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, TATE OF CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMM NITY FACILITIES DISTRICT NO. 93-1, AUTHORIZING THE LEVY OF A SP CIAL TAX WITHIN IMPROVEMENT AREA NO. 17A OF COMMUNITY FACI ITIES DISTRICT NO. 93-1 WHEREAS, the City Council of the City of Beaumont (respectively, the "C ty Council" and the "City") in 1993, duly adopted Resolutions establishing "City of Beaumont Community F: cilities District No. 93-1" (the "Community Facilities District"), including twelve separate improvement areas, and authorizing the levy of special taxes to pay for certain public facilities in and for the Community Faciliti: s District under and pursuant to the terms and provisions of the "Mello -Roos Community Facilities Act of 19:2" (the "Act"), being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of Califo ia; and WHEREAS, the City Council on September 16, 2003, duly adopted Resolu on No. 2003-26 declaring its intention to (i) annex certain property and establish Improvement Area No. 17A (the "Improvement Area") within the Community Facilities District and (ii) levy a Special Tax (th - "Special Tax") for Facilities and Services pursuant to the Rate and Method of Apportionment of Special Tax or Improvement Area No. 17A (the "Rate and Method of Apportionment") and declaring the necessity for i curring bonded indebtedness and calling for preparation of a public report describing such matters (the "Pub c Report"); and WHEREAS, notices were published as required by law relative to the inte tions of the City Council as stated in said Resolution No. 2003-26; and WHEREAS, pursuant to Resolution No. 2003-26, a public hearing was du y convened and held on November 4, 2003 at which the City Council considered the annexation of property • d establishment of the Improvement Area, the levy of the Special Tax for Facilities and Services pursuant to the Rate and Method of Apportionment and the necessity for incurring bonded indebtedness and, at the a.ove-mentioned time and place for such public hearing, all persons interested, including all taxpayers, pro.erty owners and registered voters within the Improvement Area were given an opportunity to appear and b heard, and the testimony of all interested persons for or against the annexation of property and esta•lishment of the Improvement Area, the levy of the Special Tax for Facilities and Services pursuant to the Ra - and Method of Apportionment, the necessity for incurring bonded indebtedness, and any other matters et forth in said Resolution No. 2003-26, were heard and considered and the City Council at the conclusion o said hearing was fully advised in the premises, and was authorized to proceed; and WHEREAS, following such public hearing, the City Council duly adopte Resolution No. 2003-30 authorizing the annexation of such property and establishment of Improvement Are: No. 17A within the Community Facilities District, the levy of a Special Tax pursuant to the Rate and Method of Apportionment, the necessity for incurring bonded indebtedness and other matters set forth ' said Resolution No. 2003-26 as set forth in the Public Report; and WHEREAS, on November 4, 2003, an election was held within Improvem nt Area No. 17A in which the qualified electors of the Improvement Area approved by more than a tw -thirds vote the proposition of levying the Special Tax pursuant to the Rate and Method of Apportionment, a thorizing bonded indebtedness and other matters stated in said proposition; and WHEREAS, bonded indebtedness and interest thereon will be payable fro the Special Tax levied and collected in accordance with and subject to the maximum rates applicable there o; and ORDINANCE (17A) BMTI7A Ordi ce.doc - 851.doc/LR/449 ®a. 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 the Special Tax within Improvement Area No. 17A pursuant to the Rate and Method of Apportiohment approved by Resolution No. 2003-30, which is hereby incorporated by reference herein, and by an affunlative vote of the qualified electors within the Improvement Area. 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 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. 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. ORDINANCE (17A) BMTI7A Ordinance.doc - 851.doc/LR/449 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 Califomia 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 4th day of November, 2003 by the following roll call vote: AYES: Mayor DeForge, Council Members Dressel, Berg, and Fox. NOES: None. ABSTAIN: None. ABSENT: Council Member Valdivia. MOVED, PASSED AND ADOPTED this 18thday of November, 2003 by the following roll call vote: AYES: Mayor DeForge, Council Members Dressel, Berg, Fox, and Valdivia. NOES: None. ABSTAIN: None. ABSENT: None. ORDINANCE (17A) Mayor of ity of Beaumont BMTI7A Ordinance.doc - 851.docILR/449 11111 111=111. CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 851 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 4, 2003, and was duly adopted upon a second reading on November ft 2003 by the roll call votes indicated therein. (SEAL) ORDINANCE (17A) BMTI7A Ordingnce.doc - 851.doc/LR/449