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