HomeMy Public PortalAboutOrdinance 882ORDINANCE NO. 882
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUM
STATE OF CALIFORNIA AUTHORIZING THE LEVY OF A SPECIAL
WITHIN IMPROVEMENT AREA NO. 7B OF COMMUNITY FACILI
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 c
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 for the Community Facilities District under and pursuant to the terms and pro
"Mello -Roos Community Facilities Act of 1982" (the "Act"), being Chapter 2.5, Part
Title 5 of the Government Code of the State of California (the "Code"); and
NT,
AX
IES
y, the "City
f Beaumont
ding twelve
rtain public
isions of the
, Division 2,
WHEREAS, the City Council on February 15, 2005, duly adopted Resolution
No. 2005-09 declaring its intention to (i) designate and establish Improvement Area No. 7B (the
"Improvement Area") within the Community Facilities District, (ii) levy a Special Tax (the "Special
Tax") for Facilities and Services pursuant to the Rate and Method of Apportionment o'`Special Tax
for Improvement Area No. 7B (the "Rate and Method of Apportionment"), (iii) declaring the
necessity for incurring bonded indebtedness and (iv) calling for preparation of a public report
describing such matters (the "Public Report"); and
WHEREAS, notices were published as required by law pursuant to the direction of
the City Council as stated in said Resolution No. 2005-09; and
WHEREAS, pursuant to Resolution No. 2005-09, a public heart
convened on April 5, 2005, at which time the City Council considered the des
establishment of the Improvement Area, the levy of the Special Tax for Facilities
pursuant to the Rate and Method of Apportionment and the necessity for ince
indebtedness and, at the above-mentioned time and place for such public hearth€
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 inter
for or against the designation and establishment of the Improvement Area, the levy
Tax for Facilities and Services pursuant to the Rate and Method of Apportionment, the
incurring bonded indebtedness, and any other matters set forth in said Resolution No.
heard and considered; and
WHEREAS, following such public hearing, the City Council
Resolution No. 2005-15 authorizing the designation and establishment of ]mprovemen
within the Community Facilities District, the levy of a Special Tax pursuant to the Rat
of Apportionment, the necessity for incurring bonded indebtedness and other matters s
Resolution No. 2005-15 and in the Public Report; and
ag was duly
ignation and
and Services
ring bonded
all persons
Improvement
ested persons
)f the Special
necessity for
005-09, were
my adopted
Area No. 7B
and Method
t forth in said
ORDINANCE NO. 882 (IA7B) BMT7B Ordi4iance 882a docLR 550
WHEREAS, on April 5, 2005, an election was held within Impro ement Area
No. 7B in which the qualified electors of the Improvement Area approved, by more th a two-thirds
vote, the proposition of levying the Special Tax pursuant to the Rate and Method of Ap ortionment,
authorizing bonded indebtedness and other matters stated in said proposition; and
WHEREAS, bonded indebtedness and interest thereon will be payaale from the
Special Tax levied and collected 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 BAUMONT
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 authc
of the Special Tax within Improvement Area No. 7B pursuant to the Rate am
Apportionment approved by Resolution No. 2005-15, which is hereby incorporated
herein, and by an affirmative vote of the qualified electors within the Improvement 1
rizes the levy
l Method of
by reference
rea.
Section 3. The City Council is hereby further authorized each year y Resolution
to determine the specific special tax rate and amount to be levied for the next fiscal yedr within such
Improvement Area, except that the special tax rate to be levied shall not exceed that sA. forth in the
Rate and Method of Apportionment, but the Special Tax may be levied at a lower ra e.
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 shall be used as provided for
in the Act and proceedings conducted by the 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 lame 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
accruing under this Ordinance are not paid when due, the City Council may, not later an four years
after the due date of the last installment of principal, order that the same be collecte by an action
brought in the superior court to foreclose any lien therefor.
ORDINANCE NO. 882
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IRMT713 Ord
ance 882a.doc LR 550
Section 8. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance, and within 15 days of its passage shall cause the same to be
published at least once or posted, with the names of those city council members voting for and
against the ordinance, pursuant to Section 36933(a) of the Code; 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 Code.
MOVED AND PASSED upon first reading this 19th day of April, 2005 by the
following roll call vote:
AYES: Mayor Dressel, Council Members Fox, DeForge, Berg, and Killough.
NOES: None.
ABSTAIN: None.
ABSENT: None.
MOVED, PASSED AND ADOPTED this 3rd day of May, 2005 by the following
roll call vote:
AYES: Mayor Dressel, Council Member Fox, Berg, DeForge, and Killough.
NOES: None.
ABSTAIN: None.
ABSENT: None.
ori the City eont
ORDINANCE NO. 882
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BMT7B Ordinance 882a.docd.R 550
CERTIFICATION
The foregoing is certified to be a true co r of Ordinance No. 882 duly introduced at a
regular meeting of the City Council held on April •, ;105, and was duly adopt=' upon second
reading on May 3, 2005 by the roll call votes in. c�-*therein.
(SEAL)
ORDINANCE 882
City Clerk,
y
f .3 aumont
BMT7B Ordinance 882a.doc: LR 550