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Home My Public Portal AboutOrdinance 853ORDINANCE NO. 853 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, S ATE OF CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMU ITY FACILITIES DISTRICT NO. 93-1, AUTHORIZING THE LEVY OF A SPE IAL TAX WITHIN IMPROVEMENT AREA NO. 18 OF COMMUNITY FACIL TIES DISTRICT NO. 93-1 WHEREAS, the City Council of the City of Beaumont (respectively, the "Ci the "City") in 1993, duly adopted Resolutions establishing "City of Beaumont Community Fa No. 93-1" (the "Community Facilities District"), including twelve separate improvement areas, the levy of special taxes to pay for certain public facilities in and for the Community Facilitie and pursuant to the terms and provisions of the "Mello -Roos Community Facilities Act of 198 being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of Califo Council" and ilities District d authorizing District under " (the "Act"), ia; and WHEREAS, the City Council on December 16, 2003, duly adopted Resoluti n No. 2003-36 declaring its intention to (i) annex certain property and establish Improvement Area No. 18 (the "Improvement Area") within the Community Facilities District and (ii) levy a Special Tax (the "Special Tax'') for Facilities and Services pursuant to the Rate and Method of Apportionment of Special Tax for Improvem nt Area No. 18 (the "Rate and Method of Apportionment") and declaring the necessity for incurring bonded inebtedness and calling for preparation of a public report describing such matters (the "Public Report"); and WHEREAS, notices were published as required by law relative to the intent Council as stated in said Resolution No. 2003-36; and WHEREAS, pursuant to Resolution No. 2003-36, a public hearing was dul held on January 20, 2004 at which the City Council considered the annexation of property and e the Improvement Area, the levy of the Special Tax for Facilities and Services pursuant to the of Apportionment and the necessity for incurring bonded indebtedness and, at the above-ment place for such public hearing, all persons interested, including all taxpayers, property owners voters within the Improvement Area were given an opportunity to appear and be heard, and the interested persons for or against the annexation of property and establishment of the Improve levy of the Special Tax for Facilities and Services pursuant to the Rate and Method of App necessity for incurring bonded indebtedness, and any other matters set forth in said Resolutio were heard and considered and the City Council at the conclusion of said hearing was fully premises, and was authorized to proceed; and WHEREAS, following such public hearing, the City Council duly adopted 2004-03 authorizing the annexation of such property and establishment of Improvement Are the Community Facilities District, the levy of a Special Tax pursuant to the Rate Apportionment, the necessity for incurring bonded indebtedness and other matters set forth in No. 2003-36 as set forth in the Public Report; and ns of the City convened and tablishment of e and Method oned time and and registered estimony of all ent Area, the rtionment, the No. 2003-36, advised in the esolution No. No. 18 within d Method of aid Resolution WHEREAS, on January 20, 2004, an election was held within Improvement Area No. 18 in which the qualified electors of the Improvement Area approved by more than a two-thirds vote the proposition of levying the Special Tax pursuant to the Rate and Method of Apportionment, auth.rizing bonded indebtedness and other matters stated in said proposition; and WHEREAS, bonded indebtedness and interest thereon will be payable from e Special Tax levied and collected in accordance with and subject to the maximum rates applicable thereto and ORDINANCE NO. 853 (18) BMT18Ordinance.doc/LR/450 WHEREAS, the City Council is fully advised in the premises; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAU IV ONT 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 he levy of the Special Tax within Improvement Area No. 18 pursuant to the Rate and Method of Apportionment approved by Resolution No. 2004-03, which is hereby incorporated by reference herein, and by an affirmati'e 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 arid 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 0 needed for its purpose as described in said Resolution. Section 6. The above authorized Special Tax shall be collected in the some 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 syich 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 herOto 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 cdurt 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 (IS) 2 BMTIt Ordinance.doc/LR/450 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 20th day of January, 2004 by the following roll call vote: AYES: Mayor Dressel, Council Member Fox, Berg, DeForge, and Killough. NOES: None. ABSTAIN: None. ABSENT: None. MOVED, PASSED AND ADOPTED this 3rd 'day of February, 2004 by the following roll call vote: AYES: Mayor Dressel, Council Members Fox, Deforge, Berg, and Killough. NOES: None. ABSTAIN: None. ABSENT: None. ORDINANCE (18) 3 or of 1 e City of Beaumont BMT18 Ordinance.doc/LR/450 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 853 duly introduced at a regular meeting of the City Council acting as the legislative body of Community Facilities District N . 93-1 held on January 20, 2004, and was duly adopted upon a second reading on February 12004 by the r,11 call votes indicated therein. (SEAL) 1'!, _ A L,. _ .,. Deputy Cit Y Jerk, City of B 7 ont I I ORDINANCE (18) BMTI8 Ordinance.doc/LR/450 NOTICE IS HEREB hearing on Tuesday, Jan 6th Street, Beaumont, interested persons regar Ordinance No. 853 An Ordinance of th Acting as the Le Authorizing the Date: January 13, 200 Published: Record ty of Beaumont 550 E. 6th Street Beaumont, CA 92223 (909) 769-8520 FAX (909) 769-8526 Email: cityhaff@ci.beaumont.ca.us www.ci.6eaumont.ca.us LEGAL NOTICE GIVEN, that the Beaumont City Council conducted a public ary 20, 2004 in the room 5 at the Beaumont Civic Center, 550 E. alifornia 92223, to receive testimony and comments from all ing the adoption of the following matter(s): City Council of the City of Beaumont, State of California, islative Body of Community Facilities District No. 93-1, evy of a Special Tax within Improvement Area No. 18 of ommunity Facilities District No. 93-1. Shelby Hanvey Deputy City C k azette — One Time on January 16, 2004 IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE • NO: 18 Notice Is Hereby Given — eaumont City Council — Ordinance # 85 Authorizing the Levy of Special Tax STATE OF CALIFORNI County of Riverside } SS I am a citizen of the United States and a resident of the County afor said; I am over the age of eighteen ye rs, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer of The Weekly Record Gazette a.newspaper of general circulation, printed and published weekly in :he City of Ban- nd which ed a newspa- y the Superior rside, State of ning, County of Riverside newspaper has been adjud per of general circulation b Court of the County of Riv California, under date of October 14, 1966 Case N that the notice, of which :h printed copy, has been pub regular and entire issue of and not in any supplement following dates -to -wit. 1/16 >tmber 54737 annexed is a ished in each aid newspaper hereof on the all in the year 2004 I certify (or declare) and jury that the foregoing is tl r penalty of per- ze and correct. signature Date 1/16/2004 at Riverside, California. This space for County Clerk's Filing Stamp NOTICE IS HEREBY GIVEN, that the Beaumont City Council conducted a public hearing on Tuesday. January 20, 2004 in the room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 853 An 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. 18 of • Community Facilities District No. 93-1. Dated: January 13, 2004. • -s- Shelby Hanvey Shelby Hanvey Deputy City Clerk Publish The Record Gazette No. 18 1/16, 2004