HomeMy WebLinkAboutOrdinance #3050 �Arr o
ORDINANCE NO. 3050
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH LEVYING SPECIAL TAXES WITHIN COMMUNITY
FACILITIES DISTRICT NO. 1990-1 (GOLDENWEST/ELLIS AREA)
Community Facilities District No. 1990-1
(Goldenwest/Ellis Area)
WHEREAS, on May 7, 1990, this City Council adopted a resolution
entitled "A Resolution of Intention to Establish Community
Facilities District and to Authorize the Levy of Special Taxes
Pursuant to the Mello-Roos Community Facilities Act of 1982" stating
its intention to establish Community Facilities District No. 1990-1
(Goldenwest/Ellis Area) (the "District" ) pursuant to the Mello-Roos
Community Facilities Act of 1982, as amended (the "Act" ) , to finance
certain facilities (the "Facilities" ) and to pay the costs of
providing certain services (the "Services" ) , and this City Council
has held a noticed public hearing as required by Act relative to the
determination to proceed with the formation of the District and
subsequent to said hearing, this City Council adopted resolutions
entitled "A Resolution of Formation of Community Facilities District
No . 1990-1 (Goldenwest/Ellis Area) , Authorizing the Levy of a
Special Tax Within the District, Preliminarily Establishing an
Appropriations Limit for the District and Submitting Levy of the
Special Tax and the Establishment of the Appropriations Limit to the
Qualified Electors of the District" (the "Resolution of Formation") ,
"A Resolution Determining the Necessity to Incur Bonded Indebtedness
Within Community Facilities District No. 1990-1 (Goldenwest/Ellis
Area) and Submitting Proposition to the Qualified Electors of the
District" and "A Resolution Calling Special Election, " which
resolutions established the District, authorized the levy of a
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special tax with the District, and called an election within the
District on the proposition of incurring indebtedness, levying a
special tax, and establishing an appropriations limit within the
District, respectively; and an election was held within the District
in which the eligible landowner electors approved said propositions
by more than the two-thirds vote required by the Act .
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
ORDAINS as follows :
SECTION 1. By the passage of this Ordinance this City Council
hereby authorizes and levies special taxes within the District
pursuant to California Government Code Sections 53328 and 53340, at
the rate and in accordance with the formula set forth in the
Resolution of Formation which Resolution of Formation is by this
reference incorporated herein. The special taxes are hereby levied
commencing in fiscal year 1991-1992 and in each fiscal year
thereafter until the later of (i) payment in full of any bonds of
the City issued for the District (the "Bonds" ) and all cost of
administering the District or (ii) a determination by the City
Council that there is no further need for the District to contribute
to the payment of the costs of the Services .
SECTION 2 . The Finance Director of the City is hereby
authorized and directed each fiscal year to determine the specific
special tax rate and amount to be levied for the next ensuing fiscal
year for each parcel of real property within the District, in the
manner and as provided in the Resolution of Formation.
SECTION 3 . Properties or entities of the State, federal or
local governments shall be exempt from any levy of the special
taxes . In no event shall the special taxes be levied on any parcel
within the District in excess of the maximum tax specified in the
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Resolution of Formation.
SECTION 4 . All of the collections of the special tax shall be
used as provided for in the Act and in the Resolution of Formation
including, but not limited to, the payment of principal and interest
on the Bonds, the replenishment of the reserve fund for the Bonds,
the payment of the costs of the City in providing the Services and
in administering the District, and the costs of collecting and
administering the special tax.
SECTION 5 . The special taxes shall be collected in the same
manner as ordinary ad valorem taxes are collected and shall have the
same lien priority, and be subject to the same penalties and the
same procedure and sale in cases of delinquency as provided for ad
valorem taxes. In addition, the provisions of Section 53356 . 1 of
the Act shall apply to delinquent special tax payments . The Finance
Director of the City is hereby authorized and directed to provide
all necessary information to the auditor/tax collector of the County
of Orange in order to effect proper billing and collection of the
special tax, so that the special tax shall be included on the
secured property tax roll of the County of Orange for fiscal year
1991-1992 and for each fiscal year thereafter until the Bonds are
paid in full .
SECTION 6 . If for any reason any portion of this ordinance is
found to be invalid, or if the special tax is found inapplicable to
any particular parcel within the District, by a Court of competent
jurisdiction, the balance of this ordinance and the application of
the special tax to the remaining parcels within the District shall
not be affected.
SECTION 7. The Mayor shall sign this Ordinance and the City
Clerk shall cause the same to be published within fifteen (15) days
after its passage at least once in a newspaper of general
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circulation published and circulated in the City.
SECTION 8 . This Ordinance shall take effect 30 days from the
date of final passage.
PASSED AND ADOPTED by the City Council Of the City of Huntington
Beach at a regular meeting thereof held on the 16th day
of July 1990 .
Mayor
ATTEST: APPROVED AS TO FORM:
1�0� g:�� e-a, 1,Jv rTh,,,, � (7P
City Clerk City Attorn O- -�q"°ti�
REVIEWED AND APPROVED: INITIA D AND APPROVED:
3,
City A(dim inis ra 701L Director of dm nistrat' a Se vices
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Ord. No. 3050
STATE OF CALIFORNIA }
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH
I, CONNIE BROCKWAY, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting therof held on the 2nd day of Ju y,
19 90 , and was again read to said City Council at a regular
meeting therof geld on the 16th day of July , 19 90 , and
was passed and adopted by the affirmative vote of at least a majority of
all the members of said City Council .
AYES: Councilmembers:
MacAllister, Winchell, Green, Mays, Silva
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Bannister, Erskine out of room
I,Cna ftdmii CITY CLERK d"aw d .
Card,dD herew W*ft a SPOPda 0#ft
0* hnbeenpAWiedinft Daq Fot9n City Clerk and ex-officio Clerk
of the City Council of the City
In MAtftCi Cht'#er�1 said R of Huntington Beach, California
Cbmis Brockway