HomeMy WebLinkAboutOrdinance #3417 ORDINANCE NO. 3417
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH PROVIDING FOR THE CITY OF
HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT
FINANCING LAW INCLUDING GENERAL PROVISIONS AND
DEFINITIONS, POWERS AND PROCEDURES TO ISSUE
COMMUNITY FACILITIES DISTRICT BONDS FOR THE
PURPOSE OF PROVIDING FINANCING FOR SPECIFIED
PURPOSES, AND CERTAIN OTHER SUPPLEMENTAL
PROVISIONS
THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES ORDAIN AS
FOLLOWS:
Section 1. Recitals. The City Council of the City of Huntington Beach does hereby find,
determine and declare that:
(a) the City of Huntington Beach (the "City") is a municipal corporation and
charter city duly organized and existing under a charter pursuant to which the City has the
right and power to make and enforce all laws and regulations in respect to municipal affairs
and certain other matters in accordance with and as more particularly provided in Sections
3, 5 and 7 of Article XI of the Constitution of the State of California and Section 500 of
Article V of the Charter of the City(the "Charter"); and
(b) the City Council of the City acting under and pursuant to the powers reserved
to the City under Sections 3, 5 and 7 of Article XI of the Constitution of the State of
California and Section 500 of Article V of the Charter, finds that the public interest and
necessity require the establishment by this procedural ordinance of a procedure for the
authorization of the levy of special taxes and the issuance of special tax bonds by the City
for the purpose of providing financing or refinancing for certain purposes as specified herein.
Section 2. Procedural Ordinance. A procedural ordinance for the authorization of the levy
of special taxes and the issuance of special tax bonds is hereby enacted to read as follows:
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CHAPTER 3.56
CITY OF HUNTINGTON BEACH SPECIAL TAX FINANCING IMPROVEMENT CODE
ARTICLE 1
GENERAL PROVISIONS
Section 3.56.010 Short title.
This ordinance shall be known and may be cited as the "City of Huntington Beach Special
Tax Financing Improvement Code," and shall be referred to herein as the "Code".
Section 3.56.020 Municipal and State affairs; authority conferred by Code; applicability of
laws.
This Code is adopted pursuant to Section 500 of Article V of the Charter of the City of
Huntington. Beach. In proceedings had pursuant to this Code which are a municipal affair, any
general laws referred to in this Code are deemed a part of this Code.
In the event that any proceeding had pursuant to this Code shall be adjudged a state affair,
it is declared to be the intention that the proceedings were had pursuant to any applicable general law
or laws.
This Code provides an alternative method of financing certain public and private capital
facilities and municipal services. The provisions of this Code shall not affect or limit any other
provisions of law authorizing or providing for the furnishing of facilities or services, or the raising
of revenue for these purposes. The City may use the provisions of this Code in conjunction with the
Mello-Roos Community Facilities Act of 1982, as amended(commencing with Section 53311 of the
California Government Code) (the "Act"), or any other method of financing part or all of the cost
of providing the authorized kinds of public and private capital facilities and municipal services.
Actions not otherwise addressed in this Code shall be otherwise governed by the provisions of the
Act.
This Code shall be deemed to provide a complete, additional and alternative method for
actions authorized hereby and shall be regarded as a supplemental and additional to the powers
conferred by other laws, including the Act.
Section. 3.56.030 Conflicting provisions; severability.
Any provision in this Code which conflicts with any general law or act shall prevail over the
other such provision in connection with any proceedings taken pursuant to this Code.
In the event any portion of this Code shall be declared illegal, unenforceable or
unconstitutional, such provision shall be deemed severable from the rest of the provisions of this
Code.
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Section 3.56.040. Actions or determinations by local agency
The local agency may take any actions or make any determinations which it determines are
necessary or convenient to carry out the purposes of this Code and which are not otherwise
prohibited by law.
Section 3.56.050. Liberal construction of chapter; error, irregularity, neglect or omission
This Code shall be liberally construed in order to effectuate its purposes. No error,
irregularity, informality, and no neglect or omission of any officer, in any procedure taken under this
Code,which does not directly affect the jurisdiction of the legislative body to order the installation
of the facility or the provision of service; shall void or invalidate such proceeding or any levy for the
costs of such facility or service.
Section 3.56.060. Failure to receive notice, resolution, order or other matter not affecting
proceedings
The failure of any person to receive a notice,resolution, order, or other matter shall not affect
in any way whatsoever the validity of any proceedings taken under the Code, or prevent the
legislative body from proceeding with any hearing so noticed.
Section 3.56.070 Definitions
Unless the context otherwise requires,the definitions contained in this article shall govern
the construction of this Code.
(a) "Act"means the Mello-Roos Community Facilities Act of 1982, as amended
(commencing with Section 53311 of the California Government Code).
(b) "City"means the City of Huntington Beach.
(c) "City Council"means the City Council of the City of Huntington Beach.
(d) "City Clerk" or "Clerk" means the City Clerk of the City of Huntington
Beach.
(e) "Community facilities district" or "district" means a legally constituted
governmental entity established pursuant to this Code and the Act for the sole purpose of financing
facilities and services.
(fl "Cost"means the expense of constructing, installing or purchasing the public
facility and of related land, right-of-way, easements, including incidental expenses, and the cost of
providing authorized services, including incidental expenses.
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(g) "Debt" means any binding obligation to pay or repay a sum of money,
including obligations in the form of bonds, certificates of participation, long-term leases, loans from
government agencies, or loans from banks, other financial institutions, private businesses, or
individuals, or long-term contracts.
(h) "Incidental expense"includes all of the following:
(1)The cost of planning and designing public facilities to be financed pursuant
to this Code, including the cost of environmental evaluations of those facilities.
(2) The costs associated with the creation of the district, issuance of bonds,
determination of the amount of taxes, collection of taxes, payment of taxes, or costs otherwise
incurred in order to carry out the authorized purposes of the district.
(3) Any other expenses incidental to the construction, completion, and
inspection of the authorized work.
(i) "Landowner," "owner" or "owner of land" means any person shown as the
owner of land on the last equalized assessment roll or otherwise known to be the owner of the land
by the city clerk. Notwithstanding the foregoing, "landowner, "owner"or"owner of land"means,
with respect to any land which is the subject of a condemnation action, the person entitled to
possession of the land pursuant to such condemnation action, or with respect to land to which the
City or Redevelopment Agency has fee title, the person having a leasehold interest in the land for
a term exceeding 40 years. The legislative body has no obligation to obtain other information as to
the ownership of the land, and its determination of ownership shall be final and conclusive for the
purposes of this Code. A public agency is not a landowner owner or owner of land for purposes of
this Code, unless the land owned by a public agency would be subject to a special tax pursuant to
Section 3.56.040 or unless the public agency has acquired possession to the land through a
condemnation and has made the certification required in Section 3.56.300.
{j) "Legislative body"means the legislative body or governing board of any local
agency, and with respect to the City means the City Council.
(k) "Local agency"means any city or county,whether general law or chartered,
special district, school district,joint powers entity created pursuant to Chapter 5 (commencing with
Section 6500) of Division 7 of Title 1, or any other municipal corporation, district, or political
subdivision of the state.
(1) "Rate"means a single rate of tax or a schedule of rates.
(m) "Redevelopment Agency"means the Redevelopment Agency of the City of
Huntington Beach.
(n) "Services" means the provision of categories of services identified in Section
3.56.110. "Services"includes the performance by employees of functions, operations,maintenance,
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and repair activities. "Services" does not include activities or facilities identified in Section
3.56.120.
ARTICLE 2
PURPOSE OF DISTRICT
Section 3.56.100 Initiation of proceedings to establish district upon adoption of certain
local goals and policies.
(a) The City may initiate proceedings to establish a district pursuant to this Code only
if it has first considered and adopted local goals and policies concerning the use of this Code, except
in the case of districts being formed pursuant to a development agreement between the City and a
qualified developer and or the Redevelopment Agency and a qualified developer. The policies shall
include at least the following:
(1) A statement of the priority that various kinds of public facilities shall have for
financing through the use of this Code, including public facilities to be owned
and operated by other public agencies, including school districts.
(2) A statement concerning the credit quality to be required of bond issues,
including criteria to be used in evaluating the credit quality.
(3) A statement concerning steps to be taken to ensure that prospective property
purchasers are fully informed about their taxpaying obligations imposed
under this Code.
(4) A statement concerning criteria for evaluating the equity of tax allocation
formulas, and concerning desirable and maximum amounts of special tax to
be levied against any parcel pursuant to this Code.
Section 3.56.110. Establishment of community facilities district to finance certain services
A community facilities district may be established under this Code to finance any one or
more of the following types of services within an area:
(a) Police protection services, including, but not limited to, criminal justice services.
However, criminal justice services shall be limited to providing services for jails, detention facilities,
and juvenile halls.
(b) Fire protection and suppression services, and ambulance and paramedic services.
(c) Recreation program services, library services, maintenance services for elementary
and secondary school sites and structures, and the operation and maintenance of museums and
cultural facilities. Bonds may not be issued pursuant to this Code to fund any of the services
specified in this subdivision. A special tax may be levied for any of the services specified in this
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subdivision only upon approval of the voters as specified in subdivision(b)of Section 53328 of the
Act. However, the requirement contained in subdivision (b) of Section 53328 of the Act that a
certain number of persons have been registered to vote for each of the 90 days preceding the close
of the protest hearing does not apply to an election to enact a special tax for recreation program
services, library services, and the operation and maintenance of museums and cultural facilities
subject to subdivision(c) of Section 53326 of the Act.
(d) Maintenance of streets, landscaping, street lighting,parks,parkways, and open space.
(e) Flood and storm protection services, including,but not limited to, the operation and
maintenance of storm drainage systems, and sandstorm protection systems.
(fj Services with respect to removal or remedial action for the cleanup of any hazardous
substance released or threatened to be released into the environment. As used in this subdivision,
the terms "remedial action" and"removal"shall have the meanings set forth in Sections 25322 and
25323, respectively, of the Health and Safety Code, and the term"hazardous substance" shall have
the meaning set forth in Section 25281 of the Health and Safety Code. Community facilities districts
shall provide the State Department of Health Services and local health and building departments with
notification of any cleanup activity pursuant to this subdivision at least 30 days prior to
commencement of the activity.
Section 3.56.120. Additional financing powers of district; purchase, construction.,
expansion, improvement,rehabilitation,or planning and design work of
real or tangible property
A community facilities district may also finance the purchase, construction, installation
expansion, improvement, or rehabilitation of any real or other tangible property with an estimated
useful life of five years or longer or may finance planning and design work that is directly related
to the purchase, construction, expansion, or rehabilitation of any real or tangible property. The
facilities need not be physically located within the district. A district may only finance the purchase
of facilities whose construction has been completed, as determined by the legislative body,before
the resolution of formation to establish the district is adopted pursuant to Section 53325.1 of the Act,
except that a district may finance the purchase of facilities completed after the adoption of the
resolution of formation if the facility was constructed as if it had been constructed under the direction
and supervision, or under the authority of, the local agency. For example, a community facilities
district may finance facilities, including,but not limited to, the following:
(a) Local park,recreation,parkway, open-space facilities,beach maintenance facilities,
beach access facilities and parking facilities adjacent or accessible to such facilities.
(b) Elementary and secondary school sites and structures provided that the facilities meet
the building area and cost standards established by the State Allocation Board.
(c) Libraries.
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(d) Child care facilities, including costs of insuring the facilities against loss, liability
insurance in connection with the operation of the facility, and other insurance costs relating to the
operation of the facilities,but excluding all other operational costs. However,the proceeds of bonds
issued pursuant to this Code shall not be used to pay these insurance costs.
(e) The district may also finance the construction or undergrounding of water
transmission and distribution facilities,natural gas pipeline facilities, telephone lines,facilities for
the transmission or distribution of electrical energy, and cable television lines to provide access to
those services to customers who do not have access to those services or to mitigate existing visual
blight. The district may enter into an agreement with a public utility to utilize those facilities to
provide a particular service and for the conveyance of those facilities to the public utility. "Public
utility" shall include all utilities,whether public and regulated by the Public Utilities Commission,
or municipal. If the facilities are conveyed to the public utility, the agreement shall provide that the
cost or a portion of the cost of the facilities that are the responsibility of the utility shall be refunded
by the public utility to the district or improvement area thereof, to the extent that refunds are
applicable pursuant to (1) the Public Utilities Code or rules of the Public Utilities Commission, as
to utilities regulated by the commission, or (2) other laws regulating public utilities. Any
reimbursement made to the district shall be utilized to reduce or minimize the special tax levied
within the district or improvement area, or to construct or acquire additional facilities within the
district or improvement area, as specified in the resolution of formation.
(f) The district may also finance the acquisition, improvement, rehabilitation, or
maintenance of any real or other tangible property, whether privately or publicly owned, for the
purposes described in subdivision (e) of Section 3.56.110,
(g) The district may also pay in full all amounts necessary to eliminate any fixed special
assessment liens or to pay, repay, or defease any obligation to pay or any indebtedness secured by
any tax, fee, charge, or assessment levied within the area of a community facilities district or may
pay debt service on that indebtedness. In addition, tax revenues of a district may be used to make
lease or debt service payments on any lease, lease purchase contract, or certificate of participation
used to finance authorized district facilities.
(h) Any other governmental facilities which the legislative body creating the community
facilities district is authorized by law to contribute revenue to, or construct, own, or operate.
However, the district shall not operate or maintain or, except as otherwise provided in subdivisions
(e) and(0,have any ownership interest in any facilities for the transmission or distribution of natural
gas,telephone service, or electrical energy.
(i) (1) A district may also pay for the following:
(A) Work deemed necessary to bring buildings or real property, including
privately owned buildings or real property, into compliance with seismic
safety standards or regulations. Only work certified as necessary to comply
with seismic safety standards or regulations by local building officials may
be financed. No project involving the dismantling of an existing building and
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its replacement by a new building, nor the construction of a new or
substantially new building may be financed pursuant to this subparagraph.
Work on qualified historical buildings or structures shall be done in
accordance with the State Historical Building Code (Part 2.7 (commencing
with Section 18950) of Division 13 of the Health and Safety Code).
(B) In addition, within any county or area designated by the President of the
United States or by the Governor as a disaster area or for which the Governor
has proclaimed the existence of a state of emergency because of earthquake
damage, a district may also pay for any work deemed necessary to repair any
damage to real property directly or indirectly caused by the occurrence of an
earthquake cited in the President's or the Governor's designation or
proclamation, or by aftershocks associated with that earthquake, including
work to reconstruct, repair, shore up, or replace any building damaged or
destroyed by the earthquake. Work may be financed pursuant to this
subparagraph only on property or buildings identified in a resolution of
intention to establish a community facilities district adopted within seven
years of the date on which the county or area is designated as a disaster area
by the President or by the Governor or on which the Governor.proclaims for
the area the existence of a state of emergency.
(2) Work on privately owned property, including reconstruction or
replacement of privately owned buildings pursuant to subparagraph(B) of paragraph
(1), may only be financed by a tax levy if all of the votes cast on the question of
levying the tax, vote in favor of levying the tax, or with the prior written consent to
the tax of the owners of all property which maybe subject to the tax, in which case
the prior written consent shall be deemed to constitute a vote in favor of the tax and
any associated bond issue. Any district created to finance seismic safety work on
privately owned buildings, including repair, reconstruction, or replacement of
privately owned buildings pursuant to this subdivision, shall consist only of lots or
parcels on which the legislative body finds that the buildings to be worked on,
repaired,reconstructed, or replaced,pursuant to this subdivision, are located or were
located before being damaged or destroyed by the earthquake cited pursuant to
subparagraph(B) of paragraph (1) or by the aftershocks of that earthquake.
(j) (1)A district may also pay for the following:
(A) Work deemed necessary to repair and abate damage caused to privately
owned buildings and structures by soil deterioration. "Soil deterioration"
means a chemical reaction by soils that causes structural damage or defects
in construction materials including concrete, steel, and ductile or cast iron.
Only work certified as necessary by local building officials maybe financed.
No project involving the dismantling of an existing building or structure and
its replacement by a new building or structure, nor the construction of a new
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or substantially new building or structure may be financed pursuant to this
subparagraph.
(13) Work on privately owned buildings and structures pursuant to this
subdivision, including reconstruction, repair, and abatement of damage
caused by soil deterioration,may only be financed by a tax levy if all of the
votes cast on the question of levying the tax vote in favor of levying the tax.
Any district created to finance the work on privately owned buildings or
structures, including reconstruction,repair, and abatement of damage caused
by soil deterioration, shall consist only of lots or parcels on which the
legislative body finds that the buildings or structures to be worked on
pursuant to this subdivision suffer from soil deterioration.
Section 3.56.130. Additional district financing powers
Pursuant to Section 3,56,120, a community facilities district may also finance the acquisition
improvement,rehabilitation, or maintenance of any real or other tangible property,whether privately
or publicly owned, for the purposes described in subdivision(f) of Section 3.56.110.
Section 3.56.140. Revolving fund for cleanup of hazardous substances; withdrawal of funds
(a) In connection with the financing of services and facilities pursuant to subdivision(f)
of Section 3.56.110 and Section 3.56.130, the legislative body may establish a revolving fund to be
kept in the treasury of the district. Except as provided in subdivision (b), moneys in the revolving
fund shall be expended solely for the payment of costs with respect to those services and facilities.
The revolving fund may be funded from time to time with moneys derived from any of the
following:
(1) Proceeds of the sale of bonds issued pursuant to Article 5 (commencing with
Section 5-1), notwithstanding any limitation contained in Section 3.56.410.
(2) Any taxes or charges authorized under this Code.
(3) Any other lawful source.
(b) Subject to the provisions of any resolution, trust agreement or indenture providing
for the issuance of district bonds for the purposes set forth in Section 3.56.130,the legislative body
may withdraw money from the revolving fund whenever and to the extent that it finds that the
amount of money therein exceeds the amount necessary to accomplish the purposes for which the
revolving fund was established. Any moneys withdrawn from the revolving fund shall be used to
redeem bonds of the district issued for the purposes set forth in Section 3.56.300 or shall be paid to
taxpayers in the district in amounts which the legislative body determines.
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Section 3.56.150. Liability; removal or remedial action; hazardous substances released or
threatened to be released
(a) Any responsible party as defined by subdivision(a) of Section.25323.5 of the Health
and Safety Code shall be liable to the district for the costs incurred in the removal or remedial action
for the cleanup of any hazardous substance released or threatened to be released into the
environment. The amount of the costs shall include interest on the costs accrued from the date of
expenditure. The interest shall be calculated based on the average annual rate of return on the
district's investment of surplus funds for the fiscal year in which the district incurred the costs.
Recovery of costs by a community facilities district under this section shall be commenced before
or immediately upon completion of the removal or remedial action,and payments received hereunder
by the district shall be deposited in the revolving fund in accordance with Section 3.56.140.
(b) To expedite cleanup, this section is intended to provide local jurisdictions an
alternative method of financing the cost of removal or remedial action for the cleanup of any
hazardous substance through the issuance of voter-approved limited obligation bonds. The
provisions of this section shall not affect or limit the provisions of any other law establishing the
liability of any person for, or otherwise regulating,the generation, transportation, storage,treatment,
or disposal of hazardous substances. The scope and standard of liability for any costs recoverable
pursuant to Section 3.56.150 shall be the scope and standard of liability set forth in the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended(42
U.S.C. Sec. 6901 et seq.), or any other provision of state or federal law establishing responsibility
for cleanup of hazardous waste sites.
Section 3.56.160. Ordinance; local agency contribution; purposes
At any time either before or after the formation of the district, the legislative body may
provide,by ordinance, that for a period specified in the ordinance, the local agency may contribute,
from any source of revenue not otherwise prohibited by law, any specified amount, portion, or
percentage of the revenues for the purposes set forth in the ordinance, limited to the following: the
acquisition or construction of a facility,the acquisition of interest in real property, or the payment
of debt service with respect to the financing of either, the provision of authorized services, and the
payment of expenses incidental thereto. The contribution shall not constitute an indebtedness or
liability of the local agency.
Section 3.56.170 Joint community facilities agreement or joint exercise of powers
agreement
(a) A community facilities district may finance facilities to be owned or operated by an
entity other than the agency that created the district, or services to be provided by an entity other than
the agency that created the district, or any combination, only pursuant to a joint community facilities
agreement or a joint exercise of powers agreement adopted pursuant to this section.
(b) At any time prior to the issuance of bonds by the district,the legislative bodies of two
or more local agencies may enter into a joint community facilities agreement pursuant to this section
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and Sections 53316.4 of the Act and 53316.6 of the Act or into a joint exercise of powers agreement
pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the California
Government Code to exercise any power authorized by this Code with respect to the community
facilities district being created or changed if the legislative body of each entity adopts a resolution
declaring that such a joint agreement would be beneficial to the residents of that entity.
(c) Notwithstanding Chapter 5 (commencing with Section 6500) of Division 7 of Title
1 of the California Government Code, a contracting party may use the proceeds of any special tax
or charge levied pursuant to this Code or of any bonds or other indebtedness issued pursuant to this
Code to provide facilities or services which that contracting party is otherwise authorized by law to
provide,even though another contracting party does not have the power to provide those facilities
or services.
(d) Notwithstanding subdivision(b), nothing in this section shall prevent entry into or
amendment of a joint community facilities agreement or a joint exercise of powers agreement, after
the issuance of bonds by the district, if the new agreement or amendment is necessary, as determined
by the legislative body, for either of the following reasons:
(1) To allow an orderly transition of governmental facilities and finances in the
case of any change in governmental organization approved pursuant to the
Cortese-Knox Local Government Reorganization Act of 1985 (Division 1
(commencing with Section 56000) of Title 6).
(2) To allow participation in the agreement by a state or federal agency that could
or would not otherwise participate, including, but not limited to, the
California Department of Transportation.
(e) Notwithstanding any other provision of this Code,no local agency which is party to
a joint exercise of powers agreement or joint community facilities agreement shall have primary
responsibility for formation of a district or an improvement area within a district, or for an extension
of authorized facilities and services or a change in special taxes pursuant to Article 3, unless that
local agency is one or more of the following:
(1) A city, a county, or a city and county.
(2) An agency created pursuant to a joint powers agreement that is separate from
the parties to the agreement, is responsible for the administration of the
agreement, and is subject to the notification requirement of Section 6503.5.
(3) An agency that is reasonably expected to have responsibility for providing
facilities or services to be financed by a larger share of the proceeds of special
taxes and bonds of the district or districts created or changed pursuant to the
joint exercise of powers agreement or the joint community facilities
agreement than any other local agency.
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Section 3.56.180. Special tax; property acquired by public entity through negotiated
transaction or by gift or devise
If property not otherwise exempt from a special tax levied pursuant to this Code is acquired
by a public entity through a negotiated transaction, or by gift or devise, the special tax shall,
notwithstanding Section 53340 of the Act, continue to be levied on the property acquired and shall
be enforceable against the public entity that acquired the property. However, even if the resolution
of formation that authorized creation of the district did not specify conditions under which the
obligation to pay a special tax may be prepaid and permanently satisfied, the legislative body of the
local agency that created the district may specify conditions under which the public agency that
acquires the property may prepay and satisfy the obligation to pay the tax.. The conditions may be
specified only if the local agency that created the district finds and determines that the prepayment
arrangement will fully protect the interests of the owners of the district's bonds.
Notwithstanding any other provision of this Code, any public agency other than a city, county
or school district may subject property owned by it to the levy of special taxes, if it shall certify to
the City Council: (a)its agreement to do so, (b)that it intends to dispose of such property by transfer
to a non-governmental agency at some time in the future, and(c) that it agrees to cooperate in the
sale of property if necessary to obtain funds to pay any special taxes levied upon such property.
Section 3.56.190. Special tax; special assessment on property acquired by public entity
through eminent domain
If property subject to a special tax levied pursuant to this Code is acquired by a public entity
through eminent domain proceedings,the obligation to pay the special tax shall be treated,pursuant
to Section 1265.250 of the Code of Civil Procedure, as if it were a special annual assessment. For
this purpose, the present value of the obligation to pay a special tax to pay the principal and interest
on any indebtedness incurred by the district prior to the date of apportionment determined pursuant
to Section 5082 of the Revenue and Taxation Code shall be treated the same as a fixed lien special
assessment.
ARTICLE 3
PROCEEDINGS TO CREATE A COMMUNITY FACILITIES DISTRICT
Section 3.56.200. Institution of proceeding; request; petition; fee
Proceedings for the establishment of a community facilities district may be instituted by the
legislative body on its own initiative and shall be instituted by the legislative body when any of the
following occurs:
(a) A written request for the establishment of a district, signed by two members of the
legislative body, describing the boundaries of the territory which is proposed for inclusion in the area
and specifying the type or types of facilities and services to be financed by the district, is filed with
the legislative body.
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(b) A petition requesting the institution of the proceedings signed by the requisite number
of registered voters, as specified in subdivision(d) of Section 3.56.210, is filed with the clerk of the
legislative body. The petition may consist of any number of separate instruments, each of which
shall comply with all of the requirements of the petition, except as to the number of signatures.
(c) A petition requesting the institution of the proceedings signed by landowners owning
the requisite portion of the area of the proposed district, as specified in subdivision (d) of Section
3.56.210, is filed with the clerk of the legislative body.
(d) The written request filed pursuant to subdivision (a) and the petitions filed pursuant
to subdivisions (b) and (c) shall be accompanied by the payment of a fee in an amount which the
legislative body determines is sufficient to compensate the legislative body for all costs incurred in
conducting proceedings to create a district pursuant to this Code.
Section 3.56.21.0. Petition; contents; findings as to requisite number of signers
A petition requesting the institution of proceedings for the establishment of a community
facilities district shall do all of the following:
(a) Request the legislative body to institute proceedings to establish a community
facilities district pursuant to this Code.
(b) Describe the boundaries of the territory which is proposed for inclusion in the district.
(c) State the type or types of facilities and services to be financed by the district.
(d) Be signed by not less than 10 percent of the registered voters residing within the
territory proposed to be included within the district or by owners of not less than 10 percent of the
area of land proposed to be included within the district. If the legislative body finds that the petition
is signed by the requisite number of registered voters residing within the territory proposed to be
included within the district or by the requisite number of owners of land proposed to be included
within the district, that finding shall be final and conclusive.
Section 3.56.220. Resolution of intention to establish district; time for adoption
Within 90 days after either a written request by two members of the legislative body or a
petition requesting the institution of proceedings for the establishment of a community facilities
district is filed with the legislative body, it shall adopt a resolution of intention to establish a
community facilities district in the form specified in Section 53321 of the Act.
Section 3.56.230. Reports and estimate of costs by responsible officers; remedial action
plan for cleanup of hazardous substance; inclusion in record of hearing
At the time of the adoption of the resolution of intention to establish a community facilities
district, the legislative body shall direct each of its officers who is or will be responsible for
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. .........
providing one or more of the proposed types of public facilities or services to be financed by the
district,if it is established,to study the proposed district and, at or before the time of the hearing, file
a report with the legislative body containing a brief description of the public facilities and services
by type which will in his or her opinion be required to adequately meet the needs of the district and
his or her estimate of the cost of providing those public facilities and services. If the purchase of
completed public facilities or the payment of incidental expenses is proposed,the legislative body
shall direct its appropriate officer to estimate the fair and reasonable cost of those facilities or
incidental expenses.
If removal or remedial action for the cleanup of any hazardous substance is proposed, the
legislative body shall (a) direct its responsible officer to prepare or cause to be prepared, a remedial
action plan based upon factors comparable to those described in subdivision(c) of Section 25356.1
of the Health and Safety Code or (b) determine, on the basis of the particular facts and
circumstances,which shall be comparable to those described in subdivision(g) of Section 25356.1
of the Health and Safety Code,that the remedial action plan is not required or(c) condition financing
of the removal or remedial action upon approval of a remedial action plan pursuant to Section
25356.1 of the Health and Safety Code. All of those reports shall be made a part of the record of the
hearing on the resolution of intention to establish the district.
ARTICLE 4
PROCEDURES FOR LEVYING
Section 3.56.300 Lease or possessory interest by exempt person or entity to nonexempt
person or entity; lease provisions; collection
(a) If a public agency owning property, including property held in trust for any
beneficiary, which is exempt from a special tax pursuant to Section 53340 of the Act grants a
leasehold or other possessory interest in the property to a nonexempt person or entity,the special tax
shall, notwithstanding Section 53340 of the Act, be levied on the leasehold or possessory interest
and shall be payable by the owner of the leasehold or possessory interest.
(b) When entering into a lease or other written contract creating a possessory interest that
maybe subject to taxation,pursuant to subdivision(a), the public agency shall include, or cause to
be included, in the contract a statement that the property interest maybe subject to special taxation
pursuant to this Code, and that the party in whom the possessory interest is vested may be subject
to the payment of special taxes levied on the interest. Failure to comply with the requirements of
this section shall not, however, invalidate the contract.
(c) If the special tax on any possessory interest levied pursuant to subdivision (a) is
unpaid when due, the tax collector may use those collection procedures which are available for the
collection of assessments on the unsecured roll.
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Ord .
Section 3.56.310 Actions or proceedings against levy of special tax or increase in special
tax; time for commencement; time for perfection of appeal from final
judgment
Any action or proceeding to attack,review, set aside,void, or annul the levy of a special tax
or an increase in a special tax pursuant to this Code shall be commenced within 30 days after the
special tax.is approved by the voters. Any appeal from a final judgment in that action or proceeding
shall be perfected within 30 days after the entry of judgment.
Section 3.56.320. Reservation of rights; tender of full or partial payment; special tax
installments or interest or penalties due or delinquent
(a) The legislative body may provide in the resolution issuing bonds and in documents
setting forth the rights of the debtholders that it shall reserve to itself,the right and authority to allow
any interested owner of property within the district, subject to the provisions of this section and to
those conditions as it may impose, and any applicable prepayment penalties as prescribed in the bond
indenture or comparable instrument or document,to tender to the district treasurer in full payment
or part payment of any installment of the special taxes or the interest or penalties thereon which may
be due or delinquent, but for which a bill has been received, any bond or other obligation secured
thereby,the bond or other obligation to be taken at par and credit to be given for the accrued interest
shown thereby computed to the date of tender. The district treasurer shall thereupon cancel the bond
debt and shall cause proper credit therefor to be entered on the records of the district and in the office
of the auditor and tax collector. If the legislative body agrees to allow bond tenders pursuant to this
section[or to Section 3.56.490] the legislative body may, at its discretion,agree to distribute or direct
its trustee or other agent to distribute by any means an offer to purchase bonds or other related
inquiry to the holders of the bonds of the district, at the expense of the person requesting the mailing.
Neither the legislative body,nor any of its officers, agents, or trustees shall be liable in any way for
that distribution.
(b) The provisions of this subdivision apply to any tender of bonds pursuant to this
section by an owner of property within the district who is delinquent in paying special taxes levied
by this district when due. Bonds may be tendered pursuant to this subdivision only after all of the
following conditions have been satisfied:
(1) The delinquent lot or parcel, or possessory interest in such delinquent lot or
parcel, has been offered for sale as a result of a foreclosure judgment and the
minimum price required to be paid for the lot or parcel, or possessory interest
in such delinquent lot or parcel, was not received.
(2) The bonds to be tendered to the district were obtained by the property owner,
or holder of the possessory interest, only after their prior owner was presented
with a tender offer or solicitation as defined in this subdivision.
(A) For purposes of this subdivision, a"tender offer" or"solicitation" is
a solicitation by any person or that person's agent by offering circular,
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memoranda,tender, or solicitation, or any other document or written,
oral, or electronic communication for the purchase of the bonds from
their then current owner. A person includes a natural person,
corporation,company,partnership, limited liability company,limited
liability partnership, association, or any other entity and a"tendering
party"includes any person making a tender offer for bonds.
(B) Any tender offer or solicitation shall include all material information
as required under federal and state securities laws and shall also
include the following information, to the extent applicable:
(i) The name of the tendering party.
(ii) An individual who can be contacted to provide further
information with respect to the tender.
(iii) The current holdings of bonds of the district by the tendering
party and its affiliates.
(iv) The total face amount of the bonds being solicited.
(v) The price or method of determining the price per one thousand
dollars(S1,000)in bonds being offered by the tendering party.
(vi) Whether the tendering party or any person affiliated with or
related to the tendering party, or any employee, agent, or
representative of the tendering party, is a property owner
within the district that issued the bonds.
(vii) Whether the present intentions of the tendering party are to
use the bonds for payment of special taxes or the purchase of
property(or purchase of possessory interest) at a foreclosure
sale pursuant to this section or Section 3.56.490. This
statement of present intentions shall not be construed to be
binding on the tendering party.
(viii) The status of the bond redemption fund, construction fund,
reserve fund, and any other fiends of the district, and the
special tax delinquency rate of the district, all of which data
shall be the most recent available from the district and, in any
event, shall apply to the state of the funds after the most
recent payment of principal and interest on the bonds. The
district shall provide the necessary data to the property owner
within 10 days of receiving a written request and may charge
a reasonable fee not to exceed its actual costs of providing the
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data. The district shall simultaneously release the same
information to the general public. The property shall also
provide the percentage of the delinquency attributable to the
tendering party or any person affiliated with or related to the
tendering party, or any employee, agent, or representative of
the tendering party, for each of the three most recent fiscal
years.
(ix) If the tendering party owns or leases property in the district
that issued the bonds,the development plans for that property
and an update on the current status of development of that
property and of any zoning, planning, or other permits or
approvals needed for development of the property to proceed.
(x) Any other material information available to the tendering
party and not generally available to the public that would
significantly affect the market value of the bonds of the
district.
(C) The tendering party shall notify the legislative body of his or her
intent to make a tender offer or solicitation at least simultaneously
with making any offer or solicitation.
(D) The tendering party shall provide a copy of the solicitation to the
Department of Corporations prior to five working days after notifying
the legislative body pursuant to subparagraph (Q.
(3) The tendering property owner or tendering possessory interest holder provides
the legislative body with a negative assurance from counsel representing the
property owner or tendering possessory interest holder that no misleading or
other information has come to the opining party's attention after reasonable
investigation, that would lead the party providing the negative assurance to
believe that the tender was in violation of federal or state securities laws.
(4) The tendering property owner delivers to the legislative body of the district
that issued the bonds subject to the tender, a certificate to the effect that the
tender information is accurate in all material respects and does not omit to
state a material fact necessary in order to make the statements included in the
tender information not misleading,except that the certificate need not provide
any assurances as to the accuracy of the information as to the bond fund
balances and tax payment information provided by the district.
(c) The provisions of this subdivision apply to any tender of bonds pursuant to this
section by any owner of property within the district who is not delinquent in paying special taxes on
any property within the district. A person subject to this subdivision shall be deemed to be a person
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whose relationship to the issuer may give him or her access, directly or indirectly, to material
information about the issuer not generally available to the public, and the provisions of Section
25402 of the Corporations Code apply to any purchase or sale of securities by that person in
connection with the tender transaction. For purposes of this subdivision, the"issuer"includes the
district, the local agency that created the district, and any owner of property within the district. At
any time prior to tendering bonds to the district.pursuant to this section, any person subject to this
subdivision shall deliver to the legislative body of the district a certificate that he or she has complied
with this subdivision and applicable federal and state securities laws.
ARTICLE 5
Section 3.56.400 Resolution to incur bonded indebtedness
Whenever the legislative body deems it necessary for the community facilities district to
incur a bonded indebtedness, it shall,by resolution, set forth all of the following:
(a) A declaration of the necessity for the indebtedness.
(b) The purpose for which the proposed debt is to be incurred.
(c) The amount of the proposed.debt. The legislative body may provide fora reduction
in the amount of proposed debt in compliance with the provisions of Section 53313.9 of the Act.
(d) The time and place for a heaning by the legislative body on the proposed debt issue.
Section 3.56.410 Inclusion of certain costs and estimated costs in proposed bonded
indebtedness
The amount of the proposed bonded indebtedness may include all costs and estimated costs
incidental to, or connected with,the accomplishment of the purpose for which the proposed debt is
to be incurred, including, but not limited to, the estimated costs of construction, improvement or
acquisition of buildings, or both; acquisition of land, rights-of-way, water, sewer, wetlands
mitigation or other capacity or connection fees; lease payments for school facilities, satisfaction of
contractual obligations relating to expenses or the advancement of funds for expenses existing at the
time the bonds are issued pursuant to this Code; architectural, engineering, inspection, legal, fiscal,
and financial consultant fees; bond and other reserve funds; discount fees; interest on any bonds of
the district estimated to be due and payable within two years of issuance of the bonds; election costs;
and all costs of issuance of the bonds, including,but not limited to, fees for bond counsel, costs of
obtaining credit ratings, bond insurance premiums, fees for letters of credit, and other credit
enhancement costs, and printing costs.
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Section 3.56.420 Sale of bonds; appraisal of real property subject to special tax for paying
debt service on bond; determination of no unusual credit risk; vote to
proceed for specified public policy reasons
(a) The legislative body may sell bonds pursuant to this Code only if it determines prior
to the award of sale of bonds that the value of the real property that.would be subject to the special
tax to pay debt service on the bonds will be at least three times the principal amount of the bonds to
be sold and the principal amount of all other bonds outstanding that are secured by a special tax
levied pursuant to this Code on property within the community facilities district or a special
assessment levied on property within the community facilities district. Any determination made
pursuant to this subdivision shall be based upon the full cash value as shown on the ad valorem
assessment roll or upon an appraisal of the subject property made in a manner consistent with the
policies adopted pursuant to paragraph(5)of subdivision(a) of Section 3.56.100 by a state certified
real estate appraiser, as defined in subdivision (c) of Section 11340 of the California Business and
Professions Code. The Treasurer may recommend definitions, standards, and assumptions to be used
for these appraisals. These definitions, standards, and assumptions are advisory only, and the
definitions, standards, and assumptions to be applied to appraisals will be those adopted by the local
agency pursuant to paragraph (5) of subdivision(a) of Section 3.56.100.
(b) Notwithstanding the provisions of subdivision(a), if the legislative body selling the
bonds finds and determines that the proposed bonds do not present any unusual credit risk due to the
availability of credit enhancements or for other reasons specified by the legislative body, the
provisions of subdivision (a) may be disregarded.
(c) Notwithstanding the provisions of subdivision(a), if the legislative body selling the
bonds finds and determines by a vote of not less than four-fifths of all of its members that the
proposed bond issue should proceed for specified public policy reasons, the provisions of
subdivision (a)may be disregarded.
A finding and determination by the legislative body pursuant to this subdivision shall be final
and conclusive upon all persons in the absence of actual fraud, and neither the legislative body nor
the district shall have any liability of any kind whatsoever out of, or in connection with, any finding
and determination.
Section 3.56.430 Agreement to notify one or more parties in the event specified events
occur affecting the market value of outstanding bonds; events triggering
notice
The bond indenture or other bond documents may provide that the legislative body agrees
to notify one or more parties, including the underwriter or other first purchaser of the bonds, an
appropriate national repository for bond information approved by the Securities and Exchange
Commission, or the California Debt Advisory Commission, in the event that specified events occur
which may affect the market value of outstanding bonds. These events may include, but are not
limited to, the following, for example:
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(a) Withdrawal of funds from any reserve fund for the bonds, such that the balance in the
fund falls below a specified percentage of the amount required by bond documents.
(b) Draw upon a letter of credit or other credit enhancement for the bonds.
(c) Filing for bankruptcy by a developer or other owner of more than a specified
percentage of the area or property value within the district.
(d) Unforeseen discovery of toxic materials or rare and endangered plant or animal
species within areas of the district proposed for development.
Section 3.56.440 Action to foreclose liens; cumulative remedy; resolution to diligently
pursue foreclosure action; collection of delinquent charges
(a) As a cumulative remedy, if debt is outstanding, the legislative body may, not later
than four years after the due date of the last installment of principal thereof, order that any delinquent
special taxes levied in whole or in part for payment of the debt,together with any penalties, interest,
and costs,be collected by an action brought in the superior court to foreclose the lien of special tax.
(b) The legislative body may,by resolution, adopted prior to the issuance of debt under
this Code covenant for the benefit of debt holders to commence and diligently pursue any foreclosure
action regarding delinquent installments of any amount levied as a special tax for the payment of
interest or principal of any bonds that are issued, and, at any time may assign the causes of action
arising from the foreclosure to a trustee or joint powers authority to do so on behalf of the
debtholders. The resolution may specify a deadline for commencement of the foreclosure action and
any other terms and conditions the legislative body determines reasonable regarding the foreclosure
action.
(c) Except as provided in Section 3.56.470, all special taxes, interest, penalties, costs,
fees, and other charges that are delinquent at the time of the ordering of a foreclosure action shall
be collected in the action. In the event that a lot or parcel of property or a possessory interest has not
been sold pursuant to judgment in the foreclosure action at the time that subsequent special taxes
become delinquent, the court may include the subsequent special taxes, interest, penalties, costs,
fees, and other charges in the judgment or modified judgment.
(d) For purposes of financing delinquent special taxes pursuant to Section 26220 of the
California Government Code, the legislative body may act as if it were a board of supervisors.
(e) Notwithstanding any other provision of this Code,no trustee or joint powers authority
shall be obligated to accept the tender of bonds in satisfaction of any obligation arising from a
delinquent special tax, although either may do so if authorized to do so by the legislative body.
(f) An action to determine the validity of any bonds issued, any joint powers agreement
entered into, and any related agreements entered into, by a joint powers agency acting pursuant to
this section may be brought by the joint powers agency pursuant to Chapter 9 (commencing with
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Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. Any appeal from a judgment in
the action shall be commenced within 30 days after entry of judgment.
Section 3.56.450 Complainants; time limitations; contents of complaint
The foreclosure action shall be brought in the name of the local agency or trustee on behalf
of the bondholders pursuant to Section 3.56.440, and may be brought within the time specified in
Section 3.56.440. The complaint may be brief and need only include the following allegations:
(a) That on a stated date, a certain sum of special taxes, levied against the subject
property or possessory interest(describing it)pursuant to this Code, became delinquent.
(b) On that date, bonds issued pursuant to this Code,payable in whale or in part by the
subject special taxes, were outstanding.
(c) That the legislative body or trustee has ordered the foreclosure.
Section 3.56.460 Judgment decree; contents; amount; attorneys' fees; application of
general foreclosure provisions
(a) Any judgment shall decree the amount of the continuing lien against each parcel or
possessory interest to be foreclosed, and shall order the parcel to be sold on execution as in other
cases of the sale of real property or possessory interests by process of the court except:
(1) Notwithstanding Section 701.545 of the Code of Civil Procedure, notice of
sale of any lot or parcel or possessory interest included in the judgment may
be given pursuant to Section 701.540 of the Code of Civil Procedure any time
after the expiration of 20 days after the date notice of levy on the interest in
real property was served on the judgment debtor or debtors,provided that the
lot or parcel to be sold is not a dwelling for not more than four families and
provided that all parties whose liens are extinguished by the foreclosure
judgment were either defendants in the foreclosure action or, for those parties
who acquired an interest in a lien on the parcel after the recording of notice
of the pending foreclosure action, received constructive notice of the action.
(2) Whenever notice of sale may be given after the expiration of 20 days after the
date notice of levy was served as provided in paragraph(1), the 30-day time
period contained in subdivision(h) of Section 701.540 of the Code of Civil
Procedure shall be reduced to 10 days.
(3) Upon proof that the lot or parcel or possessory interest to be sold is not a
dwelling for not more than four families, and upon determining that all
parties whose liens are extinguished by the foreclosure judgment were either
defendants in the foreclosure action or, for those parties who acquired an
interest in a lien on the parcel after the recording of notice of the pending
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or�c . .3A
foreclosure action, received constructive notice of the action, pursuant to
Section 716.020 of the Code of Civil Procedure, the court shall order that
paragraphs (1) and (2) apply to any judgment previously entered.
(4) The minimum bid amount provided in Section 3.56.470 shall apply instead
of subdivision (a)of Section 701.620 of the Code of Civil Procedure.
(5) The local agency may bid at the price provided in Section 3.56.470 by giving
the levying officer a written receipt crediting all or part of the amount
required to satisfy the judgment. If the local agency becomes the purchaser
pursuant to bid,the local agency shall pay the amount of its credit bid into the
redemption fund within 24 months of the date of the foreclosure sale.
(6) Notwithstanding subdivision (c) of Section 701.620 of the Code of Civil
Procedure, if the minimum price required to be paid for a lot or parcel
pursuant to Section 3.56.470 is not obtained at a foreclosure sale, upon
written request of the local agency, the levying officer shall retain the writ of
sale and, provided that the writ of sale has not been returned to the court
pursuant to paragraph (1) of subdivision (a) of Section 699.560 of the Code
of Civil Procedure, give notice of sale pursuant to Section 701.540 of the
Code of Civil Procedure without relevying on the property.
(7) As provided elsewhere in this Code.
(b) The judgment amount shall include reasonable attorneys'fees to be fixed by the court,
together with interest,penalties, and other authorized charges and costs(all calculated up to date of
judgment).
(c) The foreclosure action shall be governed and regulated by the provisions of this Code,
and also where not in conflict with this Code, by other provisions of law generally applicable to
foreclosure actions.
Section 3.56.470 Price of property or possessory interests sold
Property or possessory interests sold hereunder may not be sold for less than the amount of
the judgment plus post judgment interest and authorized costs without the consent of the owners
of 75 percent by value of the outstanding bonds.
Section 3.56.480 Computation errors;validity of special tax installment,interest or penalty
No special tax installment, interest or penalties thereon, or deed shall be held invalid for any
error in computation if the error is found to be comparatively negligible, or is found to be in favor
of the owner of the real property affected thereby.
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Section 3.56.490 Tender of bonds or debt; special taxes; penalties and interest; satisfaction
of bid amount
Provided the legislative body permits bonds or debt to be tendered for special taxes and the
penalties and interest thereon pursuant to Section 3.56.320, if the highest bid for a lot or parcel sold
pursuant to.a judgment of foreclosure and order of sale exceeds five thousand dollars ($5,000) and
the highest bidder elects to treat the sale as a credit transaction pursuant to subdivision(c)of Section
701.590 of the Code of Civil Procedure, the balance due as provided in that section may be paid in
full or in part by tender of bonds or debt,provided,however;that bonds or debt may not be tendered
for costs of foreclosure, including attorneys fees, and administrative charges incurred by the local
agency with respect to removing the special taxes from the rolls of the treasurer or tax collector, or
other administrative charges.
(a) Tender of bonds or debt shall be made to the local agency within seven days of the
date of the sale. The local agency shall be charged with authenticating the tender and shall, within
10 days of the date of the sale, submit a written receipt to the levying officer who conducted the sale
for the amount of the bond or debt tender accepted by it.
(b) Tender of cash or certified check or cashier's check shall be made to the levying
officer within 10 days of the date of the sale.
(c) The levying officer shall total the cash, certified checks and cashier's checks, and any
agency written receipts for bonds or debt to determine if the amount of the bid,plus accruing costs
and interests,has been paid. In no event shall the tendering party be entitled to receive cash or other
compensation in return for all or any part of the value of a tendered bond or bonds, except for
recognition of their value in satisfying the amount bid.
(d) The tendering party shall comply with the provisions of Section 3.56.320, as
applicable as if they were fully set out in this section.
Section 3.56.500 Notice of proposed sale of bonds; contents
(a) The legislative body shall, no later than 30 days prior to the sale of any bonds
pursuant to this article, give written notice of the proposed sale to the California Debt and Investment
Advisory Commission by mail, postage prepaid, as required by Chapter 12 (commencing with
Section 8855) of Division 1 of Title 2 of the California Government Code.
(b) Each year after the sale of any bonds, including refunding bonds, pursuant to this
article, and until the final maturity of the bonds, the legislative body shall,not later than October 30
of each year, supply the following information to the California Debt and Investment Advisory
Commission by mail,postage prepaid:
(1) The principal amount of bonds outstanding.
(2) The balance in the bond reserve fund.
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(3) The balance in the capitalized interest fund, if any.
(4) The number of parcels which are delinquent with respect to their special tax
payments, the amount that each parcel is delinquent, the length of time that
each has been delinquent, and when foreclosure was commenced for each
delinquent parcel.
(5) The balance in any construction funds.
(6) The assessed value of all parcels subject to special tax to repay the bonds as
shown on the-most recent equalized roll.
(c) In addition,with respect to any bonds sold pursuant to this article, regardless when
sold, and until the final maturity of the bonds, the legislative body shall notify the California Debt
and Investment Advisory Commission by mail, postage prepaid, within 10 days if any of the
following events occur:
(1) The local agency or its trustee fails to pay principal and interest due on any
scheduled payment date.
(2) Funds are withdrawn from a reserve fund to pay principal and interest on the
bonds beyond levels set by the California Debt and Investment Advisory
Commission.
(d) Neither the legislative body nor the California Debt and Investment Advisory
Commission shall be liable for any inadvertent error in reporting the information required by this
section.
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Section 3. Effective Date of Ordinance. This Ordinance shall be published and posted
in the manner specified in Section 500 of Article V of the Charter, and shall become effective thirty
(30) days from and after the date of its final passage. This Ordinance shall be subject to referendum
pursuant to and as provided in Section 703 of the Charter and the laws of the State of California.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 3rd day of y 1999.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED:
City dministrator
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Ord. No. 3417
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 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 re ular meeting thereof held on the 19th day of Aprih 1999, and was again read to
said City Council at a regular meeting thereof held on the 3rd day of May, 1999, and
was passed and adopted by the affirmative vote of at least a majority of all the members
of said City Council.
AYES: Julien, Bauer, Garofalo, Green,Dettloff, Harman, Sullivan
NOES: None
ABSENT: None
ABSTAIN: None
I,Connie Brockway CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinaanncce�has been published in the Independent on
In accordance with the City Charter of said City City Clerk and ex-officio Clerk
Connie Brockwav City Clerk of the City Council of the City
Deputy City Clerk of Huntington Beach, California
G/ordinanc/ordbkpg
5/10/99