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HomeMy WebLinkAboutOrdinance #3557 gST fzERAlab a6-v3•az 35p`5_U ORDINANCE NO.3557 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH LEVYING SPECIAL TAXES WITHIN IMPROVEMENT AREA A AND IMPROVEMENT AREA B OF THE CITY OF HUNTINGTON BEACH COMMUNITY-FACILITIES DISTRICT NO. 2002-1 (MCDONNELL CENTRE BUSINESS PARK) WHEREAS, on April 1, 2002, this City Council of the City of Huntington Beach (the "City") adopted a resolution entitled "A Resolution of the City Council of the City of Huntington Beach Declaring Its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Therein" (the "Resolution of Intention"}, stating its intention to establish the City of Huntington Beach Community Facilities District No. 2002-1 (McDonnell Centre Business Park) (the "District") pursuant to the provisions of Chapter 3.56 (commencing with Section 3.56.010) of the Municipal Code of the City of Huntington Beach (the "Code") and, as applicable under the Code, the Mello-Roos Community Facilities Act of 1982, constituting Section 53311 et seq. of the California Government Code (the "Act," and, together with the Code,the"Law"), to finance certain public improvements (the "Facilities"); The Resolution of Intention designated a portion of the District as "Improvement Area A of the City of Huntington Beach Community Facilities District No. 2002-1 (McDonnell Centre Business Park)" ("Area A"), and a portion of the District as "Improvement Area B of the City of Huntington Beach Community Facilities District No. 2002-1 (McDonnell Centre Business Park)" ("Area B"), as authorized by Section 53350 of the Act (Area A and Area B are sometimes referred to below individually as an "improvement area" and, collectively, as the "improvement areas"); and Notice was published as required by the Law relative to the intention of this City Council to form Area A and Area B of the District and to provide for the Facilities; This City Council has held a noticed public hearing as required by Law relative to the determination to proceed with the formation of Area A and Area B and the rate and method of apportionment of the special tax to be levied within Area A and Area B, respectively, to finance the costs of the Facilities.- At the public hearing all persons desiring to be heard on all matters pertaining to the formation of Area A and the formation of Area B and the levy of the special taxes within the respective improvement areas were heard, substantial evidence was presented and considered by this City Council and a full and fair hearing was held; Subsequent to said hearing, this City Council adopted resolutions entitled "A Resolution of the City Council of the City of Huntington Beach of Formation of Improvement Area A and Improvement Area B of the City of Huntington Beach Community Facilities District No. 2002-1 (McDonnell Centre Business Park)" (the "Resolution of Formation"}, "A Resolution of the City Council of the City of Huntington Beach Determining the Necessity to Incur Bonded Indebtedness Within Improvement Area A,and Within Improvement Area B, of the City of Im/McD CDF/Ord J6153 Ord. No. 3557 Huntington Beach Community Facilities District No. 2002-1 (McDonnell Centre Business Park)" (the "Resolution of Necessity") and "A Resolution of the City Council of the City of Huntington Beach Calling Special Election Within Improvement Area A and Within Improvement Area B of the City of Huntington Beach Community Facilities District No. 2002-1 (McDonnell Centre Business Park)", which resolutions established Area A and Area B, authorized the levy of a special tax within Area A and within Area B, and called an election within Area A and within Area B on the proposition of incurring indebtedness, levying a special tax and establishing an appropriations limit within each such improvement area;and On May 6, 2002 an election was held within Area A and within Area B in which the eligible landowner elector in each such improvement area approved said propositions for such improvement area by more than the two-thirds vote required by the Law. 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 Area A of the District pursuant to the Law and Sections 53328 and 53340 of the Act, at the rate and in accordance with the rate and method of apportionment of special taxes set forth in Exhibit A to the Resolution of Formation which Resolution is by this reference incorporated herein. The special taxes are hereby levied commencing in fiscal year 2002-2003 and in each fiscal year thereafter until payment in full of any bonds issued by the City for Area A of the District (the "Area A Bonds") as contemplated by the Resolution of Formation and the Resolution of Necessity, and all costs of administering Area A of the District have been paid. By the passage of this Ordinance this City Council hereby authorizes and levies special taxes within Area B of the District pursuant to the Law and Sections 53328 and 53340 of the Act, at the rate and in accordance with the rate and method of apportionment of special taxes set forth in Exhibit B to the Resolution of Formation. The special taxes are hereby levied commencing in the fiscal year for which the levy may be timely transmitted to the County of Orange for inclusion on the ad valorem tax roll following the date bonds are first issued by the City for such improvement area (taking into account any capitalized interest funded with bond proceeds), and in each fiscal year thereafter until payment in full of any bonds issued by the City for Area B of the District (the "Area B Bonds") as contemplated by the Resolution of Formation and the Resolution of Necessity, and all costs of administering Area B of the District have been paid. Section 2. The City Director of Administrative Services is hereby authorized and directed each fiscal year to determine the specific special tax rate and amount to be levied for each parcel of real property within each improvement area of 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, to the extent set forth in the Rate and Method of Apportionment of the Special Taxes for each improvement area in the forms attached to the Resolution of Formation. In no event shall the special taxes be levied on any parcel within an -2- Ord. No. 3557 improvement area of the District in excess of the maximum tax specified in said Rate and Method of Apportionment of the Special Taxes for such improvement area. Section 4. All of the collections of the special tax for an improvement area shall be applied solely as provided for in the Resolution of Formation and the ballot measure that approved the levy of the special tax for such improvement area. Section 5. The special taxes shall be collected from time to time within an improvement area as necessary to meet the financial obligations of such improvement area on the secured real property tax roll in the same manner as ordinary ad valorem taxes are collected. The special taxes 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 Director of Administrative Services is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Orange and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax, so that the special tax shall be levied and collected in sufficient amounts and at the times necessary to satisfy the financial obligations of each improvement area of the District in each fiscal year until the Area A Bonds and the Area B Bonds, as applicable, are paid in full and provision has been made for payment of all of the administrative costs of such improvement area of the District. Notwithstanding the foregoing, the Director of Administrative Services may collect one or more installments of the special taxes by means of direct billing by the City of the property owners within an improvement area of the District, if, in the judgment of the Director of Administrative Services, such means of collection will reduce the administrative burden on the City in administering the District or is otherwise appropriate in the circumstances. In such event, the special taxes shall become delinquent if not paid when due as set forth in any such respective billing to the property owners. Section 6. The City Treasurer is hereby directed to establish an account for each improvement area (which need not be a separate deposit account, but may be a separate general ledger account so long as such proceeds can be separately accounted for) into which proceeds of the special tax levied for such improvement area will be deposited, and the Director of Administrative Services is hereby directed to file an annual report with this City Council as required by Section 50075.3 of the California Government Code. Section 7. 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 an improvement area of 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 improvement areas of the District shall not be affected. Section S. This ordinance shall take effect thirty (30) days after its passage. -3- Ord. No. 3557 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of June 2002. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: Ci Administrator Director of Economic Development 08003.07:J6153 4/19/02 Ord. No. 3557 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 regular meeting thereof held on the 3rd day of June, 2002, and was again read to said City Council at a regular meeting thereof held on the 17th day of June, 2002, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Green, Boardman, Cook, Houchen, Winchell, Bauer NOES: None ABSENT: Dettloff ABSTAIN: None 1,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 ordinance has been published in the Huntington Beach Fountain Valley Independent on 2002 In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway,City CIerk of the City Council of the City OL&Deputy City Clerk of Huntington Beach, California