HomeMy Public PortalAboutOrdinance 868ORDINANCE NO. 868
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUM 1 NT,
STATE OF CALIFORNIA, ACTING AS THE LEGISLATIVE BOD OF
COMMUNITY FACILITIES DISTRICT NO. 93-1, AUTHORIZING THE
LEVY OF A SPECIAL TAX WITHIN IMPROVEMENT AREA NO. 1 r OF
COMMUNITY FACILITIES DISTRICT NO. 93-1
WHEREAS, the City Council of the City of Beaumont (respectiv
Council" and the "City") in 1993, duly adopted Resolutions establishing "City
Community Facilities District No. 93-1" (the "Community Facilities District"), incl
separate improvement areas, and authorizing the levy of special taxes to pay for
facilities in and for the Community Facilities District under and pursuant to the terms a
of the "Mello -Roos Community Facilities Act of 1982" (the "Act"), being Chapt
Division 2, Title 5 of the Government Code of the State of California (the "Code");
WHEREAS, the City Council on December 16, 2003, duly adopted R
2004-28 declaring its intention to (i) annex certain property and establish Improveme
(the "Improvement Area") within the Community Facilities District and (ii) levy a Sp
"Special Tax") for Facilities and Services pursuant to the Rate and Method of App
Special Tax for Improvement Area No. 16 (the "Rate and Method of Apportionm
declaring the necessity for incurring bonded indebtedness and (iv) calling for preparati in of a public
report describing such matters (the "Public Report"); and
ly, the "City
f Beaumont
ding twelve
ertain public
d provisions
2.5, Part 1,
nd
solution No.
t Area No. 16
cial Tax (the
rtionment of
nt") and (iii)
WHEREAS, notices were published as required by law relative to th
the City Council as stated in said Resolution No. 2004-28; and
WHEREAS, pursuant to Resolution No. 2004-28, a public hea
convened and held on June 15, 2004 at which the City Council considered the
property and establishment of the Improvement Area, the levy of the Special Tax for
Services pursuant to the Rate and Method of Apportionment and the necessity for inc
indebtedness and, at the above-mentioned time and place for such public hearin
interested, including all taxpayers, property owners and registered voters within the
Area were given an opportunity to appear and be heard, and the testimony of all inte
for or against the annexation of property and establishment of the Improvement Area,
Special Tax for Facilities and Services pursuant to the Rate and Method of Appo
necessity for incurring bonded indebtedness, and any other matters set forth in said
2004-28, were heard and considered and the City Council at the conclusion of said hea
advised in the premises, and was authorized to proceed; and
WHEREAS, following such public hearing, the City Council
Resolution No. 2004-32 authorizing the annexation of such property and est
Improvement Area No. 16 within the Community Facilities District, the levy of
pursuant to the Rate and Method of Apportionment, the necessity for incurring bonde
and other matters set forth in said Resolution No. 2004-28 as set forth in the Public
intentions of
g was duly
nnexation of
acilities and
rring bonded
all persons
mprovement
sted persons
he levy of the
ionment, the
solution No.
ing was fully
my adopted
blishment of
Special Tax
indebtedness
eport; and
ORDINANCE 868 BMT16 Ord nance 868.doc/LR/395
WHEREAS, on June 15, 2004, an election was held within Improve
16 in which the qualified electors of the Improvement Area approved by more than a
the proposition of levying the Special Tax pursuant to the Rate and Method of A
authorizing bonded indebtedness and other matters stated in said proposition; and
WHEREAS, bonded indebtedness and interest thereon will be pay
Special Tax levied and collected in accordance with and subject to the maximum ra
thereto; and
WHEREAS, the City Council is fully advised in the premises;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
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 auth
of the Special Tax within Improvement Area No. 16 pursuant to the Rate an
Apportionment approved by Resolution No. 2004-32, which is hereby incorporated
herein, and by an affirmative vote of the qualified electors within the Improvement
Section 3. The City Council is hereby further authorized each year
to determine the specific special tax rate and amount to be levied for the next fiscal ye
Improvement Area, except that the special tax rate to be levied shall not exceed that s
Rate and Method of Apportionment, but the Special Tax may be levied at a lower r.
Section 4. Properties or entities of the State, federal, or other loca
shall, except as provided in Sections 53317.3, 53317.5, and 53340.1 of the Act, be ex
above -referenced and approved special tax.
Section 5. All of the collections of the Special Tax shall be used a
in the Act and proceedings conducted for the District. The Special Tax shall be levie
as needed for its purpose as described in said Resolution.
Section 6. The above authorized Special Tax shall be collecte
manner as ordinary ad valorem property taxes are collected and shall be subjec
penalties and the same procedure, sale and lien priority in case of delinquency as is p
valorem taxes, as such procedures may be modified by law or by the City Council fro
Section 7. As a cumulative remedy, if any amount levied pursu.
Special Tax for payment of bond interest or principal together with any penalties and
accruing under this Ordinance are not paid when due, the City Council may, not later
after the due date of the last installment of principal, order that the same be collecte
brought in the superior court to foreclose any lien therefor.
ent Area No.
o -thirds vote
portionment,
ble from the
s applicable
EAUMONT
rizes the levy
Method of
by reference
rea.
y Resolution
r within such
t forth in the
e.
governments
mpt from the
provided for
only so long
in the same
to the same
ovided for ad
time to time.
t hereto as a
other charges
an four years
by an action
ORDINANCE 868 BMT16 Or nance 868.doc/LR/395
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 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 15th day of June, 2004 by the
following roll call vote:
AYES: Mayor Dressel, Council Members Fox, Berg, and Killough.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member DeForge.
MOVED, PASSED AND ADOPTED this 20th day of July, 2004 by the following
roll call vote:
AYES: Mayor Dressel, Council Member Fox, Berg, DeForge, and Killough.
NOES: None.
ABSTAIN: None.
ABSENT: None.
ATTEST:
Deputy City Cle
Ma o" th; City of Bea
CERTIFICATION
The foregoing is certified to be a true copy of Ordinance No. 868 duly introduced at a
regular meeting of the City Council held on June 15, 2004, and was duly adoptee upon a second
reading on July 20, 2004 by the roll call votes indicated therein.
(SEAL)
ORDINANCE 868
Deputy City Cl Y , City of Be ont
BMTI6 Ordinance 868.doc/LR/395