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Home My Public Portal AboutOrdinance 1161 - CFD 2023-1 (FAIRWAY CANYON) 4859-5030-6142v3/022599-0032 ORDINANCE NO. 1161 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF BEAUMONT COMMUNITY FACILITIES DISTRICT NO. 2023-1 (FAIRWAY CANYON) AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN IMPROVEMENT AREA NO. 1 AND IMPROVEMENT AREA NO. 2 WHEREAS, on April 4, 2023, the City Council (the “City Council”) of the City of Beaumont (the “City”) adopted Resolution No. 2023-06 declaring its intention to form City of Beaumont Community Facilities District No. 2023-1 (Fairway Canyon) (the “District”) and Improvement Area No. 1 (“Improvement Area No. 1”) and Improvement Area No. 2 (“Improvement Area No. 2” and together with Improvement Area No. 1, the “Improvement Areas” and each an “Improvement Area”) therein pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”), and its Resolution No. 2023-07 declaring its intention to incur bonded indebtedness for each of Improvement Area No. 1 and Improvement Area No. 2; and WHEREAS, on May 16, 2023, after providing all notice required by the Act, the City Council conducted a noticed public hearing required by the Act relative to the proposed formation of the District, the designation of the Improvement Areas, the proposed levy of special taxes therein to finance certain public facilities and services described in Resolution No. 2023-06 and to secure the payment of any bonded indebtedness of the District for the Improvement Areas, and the proposed issuance of up to $3,500,000 of bonded indebtedness for Improvement Area No. 1 and up to $11,000,000 of bonded indebtedness for Improvement Area No. 2, as described in Resolution No. 2023-07; and WHEREAS, at the May 16, 2023 public hearing, all persons desiring to be heard on all matters pertaining to the formation of the District, the designation of the Improvement Areas and the proposed levy of the special taxes to finance the facilities and services described in Resolution No. 2023-06 and to secure the payment of up to $3,500,000 of bonded indebtedness for Improvement Area No. 1 and of up to $11,000,000 of bonded indebtedness for Improvement Area No. 2 as described in Resolution No. 2023-07 (together, the “Bonds”) were heard and a full and fair hearing was held; and WHEREAS, on May 16, 2023, the City Council adopted Resolution Nos. 2023-22 and 2023- 23 which formed the District, designated the Improvement Areas and called a special election within each of Improvement Area No. 1 and Improvement Area No. 2 on May 16, 2023 in each case on three propositions relating to the levy of special taxes within each Improvement Area, the issuance of the Bonds by the District for each Improvement Area and the establishment of an appropriations limit within the District; and WHEREAS, on May 16, 2023, a special election was held within Improvement Area No. 1 at which the qualified electors therein approved by more than a two-thirds vote Propositions A, B and C set forth in Attachment B to Resolution No. 2023-24 authorizing the levy of special taxes within Improvement Area No. 1 for the purposes described in Resolution No. 2023-22, the issuance of the Bonds for Improvement Area No. 1 as described in Resolution No. 2023-23 and establishing an appropriations limit for the District; and 2 4859-5030-6142v3/022599-0032 WHEREAS, on May 16, 2023, a special election was held within Improvement Area No. 2 at which the qualified electors therein approved by more than a two-thirds vote Propositions D, E and F set forth in Attachment C to Resolution No. 2023-24 authorizing the levy of special taxes within Improvement Area No. 2 for the purposes described in Resolution No. 2023-22, the issuance of the Bonds for Improvement Area No. 2 as described in Resolution No. 2023-23 and establishing an appropriations limit for the District; and NOW, THEREFORE, the City Council of the City of Beaumont, California does ordain as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. By the passage of this Ordinance, the City Council authorizes and levies special taxes within Improvement Area No. 1 and Improvement Area No. 2 pursuant to Sections 53328 and 53340 of the Act at the rates and in accordance with the rate and method of apportionment set forth in Attachment C to Resolution No. 2023-06 as to Improvement Area No. 1 and the rate and method of apportionment set forth in Attachment D to Resolution No. 2023-06 as to Improvement Area No. 2, which are incorporated by reference herein (each a “Rate and Method”). The special taxes are hereby levied commencing in the fiscal year specified in the Rate and Method for such Improvement Area and in each fiscal year thereafter until payment in full of the Bonds issued by the District for such Improvement Area (including any bonds issued to refund the Bonds), payment of all costs of the public facilities and services authorized to be financed by the District for such Improvement Area, and payment of all costs of administering the District allocable to such Improvement Area. SECTION 3. Each of the Mayor, the City Manager, or their written designees (each, an “Authorized Officer”), acting alone, is hereby authorized and directed each fiscal year to determine the specific special tax rates and amounts to be levied in such fiscal year on each parcel of real property within Improvement Area No. 1 and Improvement Area No. 2, in the manner and as provided in the Rate and Method applicable to such Improvement Area. The special tax rates levied on a parcel pursuant to each Rate and Method shall not exceed the maximum rates set forth in the Rate and Method for such parcel, but the special taxes may be levied at lower rates. Each Authorized Officer is hereby authorized and directed to provide all necessary information to the Treasurer-Tax Collector of the County of Riverside and to otherwise take all actions necessary in order to effect proper billing and collection of the special taxes within each Improvement Area, so that the special taxes shall be levied and collected in sufficient amounts and at times necessary to satisfy the financial obligations of the District for such Improvement Area in each fiscal year, and with respect to Special Tax A, until the Bonds issued by the District for such Improvement Area are paid in full, the facilities financed for such Improvement Area have been paid for, and provision has been made for payment of all of the related administrative costs of the District. SECTION 4. Properties or entities of the state, federal or other local governments shall be exempt from the special taxes for each Improvement Area, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act and Section F of each Rate and Method. No other properties or entities within each of the Improvement Areas are exempt from the special taxes unless the properties or entities are expressly exempted in Resolution No. 2023-22 or in a resolution of consideration to levy a new special tax or special taxes or to alter the applicable Rate and Method or an existing special tax as provided in Section 53334 of the Act. 3 4859-5030-6142v3/022599-0032 SECTION 5. All of the collections of the special taxes within each Improvement Area shall be used as provided for in the Act, the Rate and Method for such Improvement Area and Resolution No. 2023-22. SECTION 6. The special taxes within each Improvement Area 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 (which such procedures include the exercise of all rights and remedies permitted by law to make corrections, including, but not limited to, the issuance of amended or supplemental tax bills), as such procedure may be modified by law or by this City Council from time to time. SECTION 7. As a cumulative remedy, if any amount levied as a special tax for payment of the interest or principal of the Bonds issued by the District for an Improvement Area (including any bonds issued to refund such Bonds), 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 on such Bonds (including any bonds issued to refund such Bonds), order that the same be collected by an action brought in the superior court to foreclose the lien of such special tax within the applicable Improvement Area, as authorized by the Act. SECTION 8. The Mayor of the City shall sign this Ordinance and the City Clerk or any Acting City Clerk (referred to herein as the “City Clerk”) shall attest to the Mayor’s signature and then cause the same to be published within fifteen (15) days after its passage at least once in The Press Enterprise, a newspaper of general circulation published and circulated in the City of Beaumont. SECTION 9. The specific authorization for adoption of this Ordinance is pursuant to the provisions of Section 53340 of the Act. SECTION 10. The City Clerk is hereby authorized to transmit a certified copy of this ordinance to the Treasurer-Tax Collector of the County of Riverside, and to perform all other acts which are required by the Act, this Ordinance or by law in order to accomplish the purpose of this Ordinance. SECTION 11. A full reading of this Ordinance is dispensed with prior to its final passage, a written or printed copy having been available to the City Council and the public a day prior to its final passage. SECTION 12. This Ordinance shall take effect thirty days after its final passage. 4 4859-5030-6142v3/022599-0032 PASSED, APPROVED and ADOPTED this 18th day of July, 2023. Julio Martinez III, Mayor I, Elaine Morgan, City Clerk of the City of Beaumont, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Beaumont held on the 16th day of May, 2023, and was adopted at a regular meeting of the City Council of the City of Beaumont on the 18th day of July, 2023, by the following roll call vote: AYES: White, Voigt, Lara, Fenn, Martinez NOES: ABSENT: ABSTAINED: ATTEST: Elaine Morgan, City Clerk