HomeMy Public PortalAboutOrdinance 872ORDINANCE NO. 872
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUM NT,
STATE OF CALIFORNIA, ACTING AS THE LEGISLATIVE BOD OF
COMMUNITY FACILITIES DISTRICT NO. 93-1, AUTHORIZING HE
LEVY OF A SPECIAL TAX WITHIN IMPROVEMENT AREA NOS4 19A
THROUGH 19F OF COMMUNITY FACILITIES DISTRICT NO. 93-1
WHEREAS, the City Council of the City of Beaumont (respectively, the "City
Council" and 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, and authorizing the levy of special taxes to pay for ertain public
facilities in and for the Community Facilities District under and pursuant to the terms a�d provisions
of the "Mello -Roos Community Facilities Act of 1982" (the "Act"), being Chaptek 2.5, Part 1,
Division 2, Title 5 of the Government Code of the State of California (the "Code"); and
WHEREAS, the City Council on August 17, 2004, duly adopted Resolution No.
2004-45 declaring its intention to (i) annex certain property and establish Improvem nt Area Nos.
19A through 19F (each, an "Improvement Area") within the Community Facilities Distj'et, (ii) levy a
Special Tax (the "Special Tax") for facilities and services pursuant to the Rate d Method of
Apportionment of Special Tax for each Improvement Area (the "Rate and Method of
Apportionment"), (iii) declare the necessity for incurring bonded indebtedness an4 (iv) call for
preparation of a public report describing such matters (the "Public Report"); and
WHEREAS, notices were published as required by law relative to the intentions of
the City Council as stated in said Resolution No. 2004-45; and
WHEREAS, pursuant to Resolution No. 2004-45, a public hearing was duly
convened on September 21, 2004 and continued to November 16, 2004, at which the City Council
considered the annexation of property and establishment of the Improvement Area, e levy of the
Special Tax for Facilities and Services pursuant to the Rate and Method of Apportio ent and the
necessity for incurring bonded indebtedness and, at the above-mentioned time and place for such
public hearing, all persons interested, including all taxpayers, property owners and registered voters
within the Improvement Area were given an opportunity to appear and be heard, and the testimony of
all interested persons for or against the annexation of property and establishment of the Improvement
Area, the levy of the Special Tax for Facilities and Services pursuant to the Rate a'id Method of
Apportionment, the necessity for incurring bonded indebtedness, and any other matters set forth in
said Resolution No. 2004-45, were heard and considered; and
WHEREAS, following such public hearing, the City Council duly adopted
Resolution No. 2004-62 authorizing the annexation of such property and estz blishment of
Improvement Area Nos. 19A through 19F within the Community Facilities District the levy of a
Special Tax pursuant to the Rate and Method of Apportionment, the necessity for inc ng bonded
indebtedness and other matters set forth in said Resolution No. 2004-62 and in the ublic Report;
and
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WHEREAS, on November 16, 2004, an election was held within Improvement Area
Nos. 19A through 19F in which the qualified electors of each 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, authorizing bonded indebtedness and other matters stated in said proposition; and
WHEREAS, bonded indebtedness and interest thereon will be payable from the
Special Tax levied and collected in each Improvement Area 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 the Special Tax within Improvement Area Nos. 19A through 19F pursuant to the Rate and Method
of Apportionment approved by Resolution No. 2004-62, which is hereby incorporated by reference
herein, and, with respect to Improvement Area Nos. 19E and 19F, in accordance with that certain
Bond Sale Limitation Agreement (the "Bond Sale Limitation Agreement") dated as of November 1,
2004 among the City, the Community Facilities District and Oak Valley Partners, LP, a Texas
limited partnership, and by an affirmative vote of the qualified electors within the respective
Improvement Areas.
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 each
hnprovement 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 in each Improvement Area
shall be used as provided for in the Act and proceedings conducted by the Community Facilities
District for the respective Improvement Area. 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 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 16th day of November, 2004 by the
following roll call vote:
AYES: Mayor Dressel, Council Members Berg, DeForge, Dressel, and Killough.
NOES: None
ABSTAIN: None
ABSENT: None
MOVED, PASSED AND ADOPTED this 7 day of December, 2004 by the
following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Mayor Dressel, Council Members Berg, DeForge, Fox, and Killough.
None.
None.
None.
ORDINANCE 871
y o the ity of Beaumont
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CERTIFICATION
The foregoing is certified to be a true copy of Ordinance No. 872 duly introduced at a
regular meeting of the City Council held on November 16, 2004, and was d adopted upon a
second reading on December 7, 2004 by the roll call votes indic ted therein.
(SEAL)
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