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HomeMy Public PortalAboutOrdinance 913ORDINANCE NO. 913 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT AMENDING AND RESTATING ORDINANCE NO. 897 AUTHORIZING THE LEVY OF A SERVICES SPECIAL TAX AND A SPECIAL TAX WITHIN IMPROVEMENT AREA NO. 8C 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 "CFD"), including separate improvement areas, and authorizing the levy of special taxes to pay for certain public facilities for the Community Facilities District under and pursuant to the terms and provisions of the Mello -Roos Community Facilities Act of 1982, as amended (the "Act"), being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Code"); and WHEREAS, on June 6, 2006, the City Council established Improvement Area No. 8C of the CFD ("Improvement Area No. 8C" or the "Improvement Area") pursuant to Resolution No. 2006-31 (the "Formation Resolution") to fmance the purchase, construction, expansion or rehabilitation of certain real and other tangible property with an estimated useful life of five years or longer, including public infrastructure facilities and other governmental facilities, which the City is authorized by law to construct, own or operate (the "Facilities"), and to fmance a portion of the cost of providing for maintenance of streets, landscape parkways and medians, street lighting and traffic signal operations and maintenance, storm water facility operation and maintenance, open space and multipurpose trails maintenance, storm drain, water quality and flood control facilities (the "Services") that are in addition to those provided in the territory within the CFD prior to the formation of the Improvement Area; and WHEREAS, on June 6, 2006, an election was held within the Improvement Area in which the eligible electors approved by more than two-thirds vote the proposition of levying a special tax, incurring bonded indebtedness, and setting an appropriations limit; WHEREAS, on June 20, 2006, the City Council approved and adopted Ordinance No. 897 levying the Services Special Tax and the Facilities Special Tax pursuant to the Rate and Method of Apportionment of Special Tax attached as Exhibit C to the Formation Resolution and the Election and; WHEREAS, on March 20, 2007, the City Council adopted Resolution No. 2007-13 (the "Resolution of Consideration") stating its intention to consider changes with respect to Improvement Area No. 8C in connection with the services and facilities to be provided, as described in Exhibit B to the Resolution of Consideration, and the amended and restated rate and method of apportionment of the special tax in the Improvement Area (the "Amended Rate and Method of Apportionment") as described in Exhibit C to the Resolution of Consideration; and WHEREAS, on March 20, 2007, the City Council also adopted Resolution No. 2007-14 restating its intention and the necessity to incur bonded indebtedness in the amount of not to exceed $30,000,000 for Improvement Area No. 8C to be issued for the purpose of fmancing the purchase, construction, expansion or rehabilitation of the Facilities; and WHEREAS, notice was published as required by law relative to the intention of the City Council to consider changes with respect to Improvement Area No. 8C and to incur bonded indebtedness in the amount not to exceed $30,000,000 for the Improvement Area; and BMT8C-2 Ordinance No.913b.DOC WHEREAS, on May 1, 2007 the City Council held a noticed public hearing as required by law relative to the determination to proceed with the changes with respect to Improvement Area No. 8C and to incur bonded indebtedness in the amount not to exceed $30,000,000 for the Improvement Area, including approval of the Amended Rate and Method of Apportionment and manner of collection of the special tax to be levied within the Improvement Area to pay for the Services and Facilities and to pay the principal and interest on the proposed bonded indebtedness of the Improvement Area, and relative to the necessity for authorizing the bonds, the purpose for which the bonds are to be issued and the amount of the proposed debt; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the changes with respect to Improvement Area No. 8C and the necessity to incur bonded indebtedness in the amount not to exceed $30,000,000 for the Improvement Area were heard and a full and fair hearing was held; and WHEREAS, the City Council subsequent to said hearing adopted Resolution No. 2007- 25 determining the validity of prior proceedings and calling an election within the Improvement Area for May 1, 2007 on the proposition of levying a special tax pursuant to the Amended Rate and Method of Apportionment, and adopted Resolution No. 2007-26 calling an election within the Improvement Area for May 1, 2007 on the proposition of the necessity to incur bonded indebtedness; and WHEREAS, on May 1, 2007, an election was held within the Improvement Area in which the qualified electors approved by more than two-thirds vote the proposition of incurring bonded indebtedness, levying a special tax, and setting an appropriations limit; THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: SECTION 1. A special tax (the "Services Special Tax") is levied within the boundaries of the Improvement Area pursuant to the Amended Rate and Method of Apportionment in an amount necessary to pay all of the costs of providing the Services, periodic costs, and costs of the tax levy and collection, and all other costs. SECTION 2. A special tax (the "Facilities Special Tax") is levied within the boundaries of the Improvement Area pursuant to the Amended Rate and Method of Apportionment in an amount necessary to pay all of the costs of providing the Facilities, periodic costs, and costs of the tax levy and collection, and all other costs including amounts payable with respect to any bonded indebtedness issued to fmance the Facilities. SECTION 3. This legislative body is hereby further authorized each year, by resolution adopted as provided in section 53340 of the Act, to determine the specific special tax rate and amount to be levied for the then current or future tax years, except that the special tax rate to be levied shall not exceed the maximum rate set forth in the Amended Rate and Method of Apportionment. SECTION 3. All of the collections of the Services Special Tax and Facilities Special Tax shall be used as provided for in the Act and in the Resolution of Formation and the Resolution of Consideration. SECTION 4. The above authorized Services Special Tax and the Facilities Special Tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure and sale in cases of delinquency and provided for ad valorem 2 BMT8C-2 Ordinance No.913b.D02 taxes; provided, however, the CFD may collect the Services Special Tax and the Facilities Special Tax at a different time or in a different manner if necessary to meet its financial obligations. SECTION 5. The Mayor shall sign this ordinance and the City Clerk shall attest to such signature. The City Clerk is directed to cause the title and summary or text of this ordinance, together with the vote thereon, to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated within the territorial jurisdiction of the City, and to post at the main office of the City a certified copy of the full text of the adopted ordinance along with the names of the City Council Members voting for and against the ordinance. SECTION 6. This ordinance relating to the levy of the Services Special Tax and the Facilities Special Tax takes effect and shall be in force from and after 30 days from the date of final passage. A copy of this ordinance shall be transmitted to the Clerk of the Board of Supervisors of Riverside County, the Assessor and the Treasurer -Tax Collector of Riverside County. MOVED AND PASSED upon first reading this 1st day of May, 2007 by the following roll call vote: AYES: Mayor Fox, Council Members DeForge, Dressel, Berg, and Killough NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 5th day of June, 2007 by the following roll call vote: AYES: Mayor Fox, Council Members DeForge, Berg, and Killough NOES: None ABSTAIN: None ABSENT: Council Member Dressel 3 BMT8C-2 Ordinance No.913b..D€S