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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