HomeMy WebLinkAboutOrdinance #3631 ORDINANCE NO. 3631
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH LEVYING SPECIAL TAXES
WITHIN THE CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2003-1
(HUNTINGTON CENTER)
WHEREAS, on January 6, 2003, this City Council adopted a Resolution entitled
"Resolution of Intention of the City Council of the City of Huntington Beach with Respect to
Establishment of Proposed City of Huntington Beach Community Facilities District No. 2003-1
(Huntington Center)" (the "Resolution of Intention") stating its intention to establish City of
Huntington Beach Community Facilities District No. 2003-1 (Huntington Center) (the "District")
pursuant to Chapter 3.56 (commencing with Section 3.56.010) of the Municipal Code of the City
of Huntington Beach (the "Municipal Code") and Chapter 2.5 of Part 1 of Division 2 of Title 5,
commencing with Section 53311, of the California Government Code (the "Act"), to finance
certain facilities described in the Resolution of Intention(the "Facilities"); and
Notice was published as required by the Municipal Code and the Act relative to the
intention of this City Council to form the District and to provide for the Facilities; and
This City Council has held a noticed public hearing as required by the Municipal Code
and the Act relative to the determination to proceed with the formation of the District and the
rate and method of apportionment of the special tax to be levied within the District to finance a
portion of the costs of the Facilities; and
At said hearing all persons desiring to be heard on all matters pertaining to the formation
of the District and the levy of said special taxes were heard, substantial evidence was presented
and considered by this City Council and a full and fair hearing was held; and
Subsequent to said hearing, this City Council adopted Resolutions entitled "Resolution of
the City Council of the City of Huntington Beach Establishing City of Huntington Beach
Community Facilities District No. 2003-1 (Huntington Center), County of Orange, State of
California, and Establishing the Boundaries Thereof " (the "Resolution of Formation") and
"Resolution of the City Council of the City of Huntington Beach Calling a Special Election and
Submitting to the Voters of City of Huntington Beach Community Facilities District No. 2003-1
(Huntington Center) a Proposition with Respect to the Annual Levy of Special Taxes Within the
Community Facilities District to Pay Principal of and Interest on Bonds Thereof, and a Proposi-
tion with Respect to the Establishment of an Appropriations Limit for the Community Facilities
District" which Resolutions established the District, authorized the levy of a special tax within
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
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Ord. No.3631
An election was held within the District in which 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 the Municipal Code and California
Government Code Sections 53328 and 53340, at the rates and in accordance with the method of
apportionment set forth in Exhibit A to the Resolution of Formation(being Resolution No. 2003-
10 of the City of Huntington Beach) (the "Rate and Method of Apportionment"). The special
taxes are hereby levied commencing in fiscal year 2004-05 and, in each fiscal year thereafter,
until payment in full of any bonds of the City issued for the District (the "Bonds"), payment of
all costs of the Facilities to be paid with such funds, and payment of all costs administering the
District.
Section 2. The City Treasurer or his/her written designee 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 Rate and Method of Apportionment.
Section 3. Properties or entities of the State, federal or local governments shall be
exempt from any levy of the special taxes, except those properties subject to a leasehold interest,
to the extent set forth in the Rate and Method of Apportionment. In no event shall the special
taxes be levied on any parcel within the District in excess of the maximum tax specified in the
Rate and Method of Apportionment.
Section 4. All of the collections of the special tax shall be used as provided for in the
Act, the Municipal Code, the Rate and Method of Apportionment, 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 Facilities, the
payment of the costs of the City in administering the District, the operation and maintenance of
the public parking garage and the costs of collecting and administering the special tax.
Section 5. The special taxes shall be collected from time to time as necessary to meet the
financial obligations of the District on the secured real property tax roll in the same manner as
ordinary ad valorem taxes are collected. The City Treasurer or his/her designee, pursuant to the
Rate & Method of Apportionment, 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 the District in each fiscal year until the Bonds are paid in full and
provision has been made for payment of all of the administrative costs of the District.
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Ord. No. 3631
Notwithstanding the foregoing and notwithstanding the Rate & Method of
Apportionment, the City Treasurer or his/her written designee may collect one or more
installments of the special taxes by means of direct billing by the City of the property owners,
within the District, if, in the judgment of the City Treasurer or his/her written designee, such
means of collection will reduce the administrative burden on the City or is otherwise appropriate
under 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. Notwithstanding the
foregoing, the portion of the Special Tax relating to maintenance and operation of the public
parking structure may be levied on the taxable real property within the District by direct billing
on a monthly, bi-monthly or semi-annual basis as the Treasurer may determine in his/her
discretion.
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.
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. This Ordinance shall become effective thirty(30) days after its adoption
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Huntington Beach, State of California, on this loth day of January , 200+:.
Mayor of the of Huntington Beach
ATTEST: APPROVED AS TO FORM:
City Clerk C ty Attorney
REVIEWED AND APPROVED INITIATED AND APPROVED
� �W C dx
City AdmfKistrator Director of Economic Development
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Ord. No. 3631
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 5th day of January, 2004, and was again read to
said City Council at a regular meeting thereof held on the 20th day of January, 2004,
and was passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council.
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook
NOES: None
ABSENT: Houchen
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
ordinance has been published in the Huntington Beach
Fountain Valley Independent on January 29,2004.
In accordance with the City Charter of said City 6
Coinnie Brockway, City Clerk City Clerk and ex-officio C erk
Deputy city Clerk of the City Council of the City
of Huntington Beach, California