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HomeMy Public PortalAboutOrdinance 873ORDINANCE NO. 873 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUM( STATE OF CALIFORNIA, ACTING AS THE LEGISLATIVE BOD' COMMUNITY FACILITIES DISTRICT NO. 93-1, AUTHORIZING LEVY OF A SPECIAL TAX WITHIN IMPROVEMENT AREA NO. 6A COMMUNITY FACILITIES DISTRICT NO. 93-1 WHEREAS, the City Council of the City of Beaumont (respective 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 c 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 Chapte Division 2, Title 5 of the Government Code of the State of California (the "Code"); WHEREAS, the City Council on September 21, 2004, duly adopte No. 2004-51 declaring its intention to (i) designate certain property within Impro No. 6A and establish Improvement Area No. 6A 1 (the "Improvement Area") within th Facilities District, (ii) levy a Special Tax (the "Special Tax") for Facilities and Service the Rate and Method of Apportionment of Special Tax for Improvement Area No. 6 and Method of Apportionment"), (iii) declaring the necessity for incurring bonded ind (iv) calling for preparation of a public report describing such matters (the "Public Re NT, OF HE OF y, the "City f Beaumont Iding twelve rtain public id provisions 2.5, Part 1, nd Resolution ement Area Community s pursuant to Al (the "Rate ebtednessand . ort"); and WHEREAS, notices were published as required by law relative to thq intentions of the City Council as stated in said Resolution No. 2004-51; and WHEREAS, pursuant to Resolution No. 2004-51, a public hearing September 21, 2004, continued and duly convened on January 4, 2005, at which the considered the designation of property and establishment of the Improvement Area, t Special Tax for Facilities and Services pursuant to the Rate and Method of Appor necessity for incurring bonded indebtedness and approval of an appropriations limit, mentioned time and place for such public hearing, all persons interested, including property owners and registered voters within the Improvement Area were given an c appear and be heard, and the testimony of all interested persons for or against the c property and establishment of the Improvement Area, the levy of the Special Tax for Services pursuant to the Rate and Method of Apportionment, the necessity for ince indebtedness, the approval of an appropriations limit and any other matters set Resolution No. 2004-51, were heard and considered; and vas called on City Council he levy of the tionment, the at the above - all taxpayers, pportunity to esignation of Facilities and erring bonded forth in said WHEREAS, following such public hearing, the City Council (duly adopted Resolution No. 2005-01 authorizing the designation of such property and establishment of Improvement Area No. 6A1 within Improvement Area No. 6A of the Community Facilities District, the levy of a Special Tax pursuant to the Rate and Method of Apportionment, the necessity to incur ORDINANCE NO. 873 (IA6AI) BMT6AI Ordihance 873b.doe/LRi538 bonded indebtedness and other matters set forth in said Resolution No. 2005-01 and in the Public Report; and WHEREAS, on January 4, 2005, an election was held within Improvement Area No. 6A1 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, 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 within Improvement Area No. 6A1 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 No. 6A1 pursuant to the Rate and Method of Apportionment approved by Resolution No. 2005-01, which is hereby incorporated by reference herein, and by an affirmative 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 rate and amount of the Special Tax 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 maybe 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, shall 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 by the Community Facilities District for the 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. 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 ORDINANCE 873 2 RMT6A I Ordinance 873b.doc/LR/538 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 4th day of January, 2005 by the following roll call vote: AYES: Mayor Dressel, Council Members DeForge, Fox, Berg, and Killough. NOES: None. ABSTAIN: None. ABSENT: None. MOVED, PASSED AND ADOPTED this 18t&ay of January , 2005 by the following roll call vote: AYES: Mayor Dressel, Council Members Fox, DeForge, Berg, and Killough. NOES: None. ABSTAIN: None. ABSENT: None. ORDINANCE 873 3 f the City of Beaumont 13MT6Al Ordinance 873b.doc. ER 538 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 873 duly introduced at a regular meeting of the City Council held on January 4, 2005, and was duly adopted upon a second reading on January 18, 2005 by the roll call votes indicated ther- n. (SEAL) c City Clerk, ORDINANCE 873 BMT6AI Ordinance 873b.doc/LR 538 IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE NO. 494 Notice Regarding Resolution No. 2004-51 and Public Hearing STATEOF CALIFORNIA County of Riverside } SS I am a citizen of the United States and a resident of the County aforesaid; 1 am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk oldie printer of The Weekly Record Gazette a newspaper of general circulation, printed and published weekly in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of RP ersidc. State of California, under date of October 14, 1966 Case Number 54737 that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 12/24 all in the year 2004 I certify (or declare) under penalty of per- jury that the foregoing is true and correct. This space for County Clerk's Filing Stamp signature Date 12/24/2004 at Riverside, Cal itornia. IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE NO. 494 Notice Regarding Resolution No. 2004-51 and Public Hearing STATEOF CALIFORNIA County of Riverside } ss I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. 1 am the principal clerk of the printer of The Weekly Record Gazette a newspaper of general circulation, printed and published weekly in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside. State of California, under date of October 14, 1966 Case Number 54737 that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper thereof on the and not in any supplement following dates -to -wit. 12/34 all in the year 2004 I certify (or declare) under penalty 01' per- jury that the foregoing is true and correct. This space for County Clerk's Fi ing Stamp signature Date 12/24/2004 at Riverside, California. IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSID NO. 494 Notice Regarding Resolution No. 2004-51 and Public Hearing STATEOF CALIFORNIA County of Riverside } SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, 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 the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966 Case Number 54737 that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 12/24 all in the year 2004 I certify (or declare) under penalty of per- jury that the foregoing is true and correct. signature Date 12/24/2004 at Riverside, California. This space for County Clerk's Fi ing Stamp NOTICE REGARDING RESOLUTION NO. 2004-51 AND PUBLIC HEARING Summary of Resolution No. 2004-51 (the AResolution@). Pursuant to petition by Loma Linda University, then owners of property within proposed Improvement Area No. 6A1 of Community Facilities District No. 93-1 etbsequently purchased Seneca Springs stment Co. (respec- tively, the "Improvement and the "Community Ilt; ities District"), the Council of the City of Beaumont (respectively, the "City Council" and the ACity@), acting as the leg- islative body of the Community Facilities District, has declared its intention to (i) authorize creation and designation of approximately 215.49 acres of land described in Exhibit A to the Resolution as Improvement Area No. 6A1, (ii) levy a special tax (the "Special Tax") pur- suant to the Rate and Method of Apportionment of Special Tax for Improvement Area No. 6A1 (the "Rate and Method of Apportionment") to pay for certain public facilities for the Community Facilities .District and (iii) authorize bonded indebtedness secured by the Special Tax to finance such facili- ties for the Community Facilities District. In fur- therance thereof the City Council has set a date, time and place for a public hearing relating thereto. The proceedings are undertaken pursuant to the terms and provisions of the "Mello -Roos Community Facilities Act of 1982' (the "Act"), being Chapter 2.5, Part 1, Division 2, Title 5 of the Government C e of the State of Calif ia. The Public Report, prepared pursuant to the Resolution and the Act, sh II contain a description of the Rate and Meth of Apportionment of the Facilities by t e which are required to dequately meet the nee s of the Community Facilities District and an timate of the costs for p viding the Facilities and an estimate of the incidental expense related thereto. Community Facilities District Boundaries Boundaries of tt'e territory included in the proposed Improvement Area of the Community Facilities District are more particu- larly described .nd shown on that certain ap enti- tled "Amended Map No. 14, Proposed :.undaries of Community Facilities District No. 93- , City of Beaumont, C•unty of Riverside, S ate of California" rec•rded on August 26, 004 as Instrument Nu ber 2004- 0782419, in :ook 59, Page 15 in Maps of Assessment and Community Facilities Districts in the o ice of the County Recor. - r of the County of iverside, California, a co.y of which is available a the City Offices. Tax. The rate, ethod of apportionment .nd man- ner of collectiof such proposed speci=I tax are set forth in E ' ibit C to Resolution No. 2004-51. Exhibit C pro des suffi- cient detail to : How each landowner or resident within the Im,rovement Area to estimat the maxi- mum amount that such person will hay : to pay for the Facilities a • Services as authorized therein. Copies of the Rate and Method of Apportionment are available at the City Office. Public Hearing Date: January 4, 2005 Time: 6:00 P.M. Place: City Council Chambers, 550 East Sixth Street, Beaumont, California 92223 On January 4, 2005, at the hour of 6:00 P.M., in the City Council Chambers, 550 East Sixth Street, Beaumont, California 92223, or as soon there- after as the matter may be heard, a public hearing will be held at which the City Council shall consider the creation and designation of Improvement Area No. 6A1 within Improvement Area No. 6A of the Community Facilities District, the levy of a spe- cial tax pursuant to the Rate and Method of Apportionment and the authorization to incur bonded indebtedness, and all other matters as set forth in the Resolution. At the above-mentioned time and place for such public hearing, any persons interested, including all taxpayers, property own- ers and registered voters within the Improvement Area, may appear and be heard, and the testimony of all interested persons or taxpayers for or against the boundaries of the Improvement Area, the levy of the Special Tax within the Improvement Area, the acquisition or construction of the Facilities, the necessity to incur bonded indebted- ness or on any other mat- ters set forth in the Resolution, will be heard and considered. Testimony and Written Protest Any protests may be made orally or in writ- ing, except that any IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSID NO. 494 Notice Regarding Resolution No. 2004-51 and Public Hearing STATEOF CALIFORNIA County of Riverside } SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, 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 the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966 Case Number 54737 that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 12/24 al.I in the year 2004 I certify (or declare) under penalty of per- jury that the foregoing is true and correct. signature Date 12/24/2004 at Riverside, California. This space for County Clerk's Fi ing Stamp protests pertaining to the tularity or sufficiency of proceedings shall be 'ting and shall clearly ,forth the irregularities 'detects to which the ion is made. Alt writ - protests shall be fired with the City Clerk on or before the time fixed for such public hearing, and any written protest may be withdrawn in writing at any time before the conclusion of the public hearing. I1 written protests against the creation and designa- tion of the Improvement Area, the provision of the Facilities and Services, the authorization of the levy of the special tax or the authorization of bond- ed indebtedness are filed by fifty percent (50%) or ,more of the registered vot- ers, or six (6) registered voters, whichever is greater, residing within the Improvement Area, or by the owners of one-half (1/2) or more of the area of land in the territory includ- ed within the Improvement Area, and such protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be undertaken with respect to the Improvement Area for a period of one year from the date of decision of the City Council. If, following the public hearing described therein, the City Council deter- mines to authorize the pro- vision of the Facilities and Services and proposes to levy a special tax within the Improvement Area and to incur bonded indebted- ness, the City Council shall then submit such matters to the qualified electors within the bound- aries of the Improvement Area. If at least twelve (12) persons, who need not necessarily be the same twelve (12) persons, have been registered to vote within the bo ndaries of the Improvement Area for each of the inety (90) days precedinthe close of the public Baring, the vote shall be b registered voters of the I provement Area with eac voter hav- ing one 1) vote. Otherwise, th vote shall be a mailed ba lot election, consistent wi 53327.5 of the landowners Improvement are the owners the close of hearing, w landowner ha vote for each tions of an a owned wi Improvement number of v voted by a landowner sh fied on the ba to that landow h Section Act, by the of the Area who of record at the public th each ing one (1) cre or por- re of land hin the Area. The tes to be particular II be speci- lot provided er. Review A c.py of the Resolution, i cluding the Rate and ethod of Apportionmen of Special Tax for the I provement Area attaches thereto as Exhibit C, habeen post- ed in the Offi.e of the City Clerk and is available for review by a y interested persons. Publish th = Record Gazette No. 494 12/24, 2004