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HomeMy WebLinkAboutOrdinance #4082 ORDINANCE NO 4082 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE CITY OF THE HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO 2000-1 (GRAND COAST RESORT) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO 2000-1 (GRAND COAST RESORT) WHEREAS, pursuant to Chapter 3 56 (commencing with Section 3 56 010) of the Municipal Code of the City of Huntington Beach (the "Code") and the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2 5 of Pait 1 of Division 2 of Title 5 of the Califoinia Government Code (tile "Act") after a public heating on April 17, 2000, the City Council (the "City Council") of the City of Huntington Beach (the "City"), adopted Resolution No 2000-35 on Apiil 17, 2000, which formed City of Huntington Beach Community Facilities District No 2000-1 (Grand Coast Resort) (the "District"), and authorized tine levy of a Special Tax in accordance with the rate and method of apportionment for [lie District (the "Rate and Method of Apportionment"), the incurting of bonded indebtedness and the establishment of an appropriations hmit for the District, which were approved by mole than two thirds vote by tine qualified electors within the District on Aptil 17, 2000, and WHEREAS, subsequent to such foimation, the Disttict ieceived a petition signed by PCH Beach Resott, LLC, the lessee of 25% of mote of the taxable property (the "Owner") within the District to amend and restate the Rate and Method of Apportionment (the "Amended and Restated Rate and Method"), and WHEREAS, after adopting Resolution No 2016-02 stating its intention to adopt the Amended and Restated Rate and method attached as Attachment "A" thereto, this City Council held a noticed public hearing (the "Public Hearing") as requited by law, at which Public Heating all persons desiring to be heard on all matters peitaining to the approval of the Amended and Restated Rate and Method, were heard and a full and flan hearing was held, and no majority protest of the type described in Section 53337 of the Act was received, and WHEREAS, at the Public Heating, evidence was presented to the City Council on the matters before it, and the approval of the Amended and Restated Rate and Method was not precluded by a majoiity protest of the type desciibed in Section 53337 of the Act, and this City Council at the conclusion of the hearing was fully advised as to all matters relating to the approval of the Amended and Restated Rate and Method; and WHEREAS, upon concluding the Public Heating, the City Council called and duly held an electron on Match 7, 2016, within the boundaries of the Disttict pursuant to Resolution No 2016-08 for the purpose of presenting to the qualified electors within the Dishtct the proposition on the approval of the Amended and Restated Rate and Method, at which the qualified electors 16-5112/131478 1 ORDINANCE NO 4082 approved by more than a two-thirds vote Proposition A, authorizing the levy of a Special Tax within the District in accordance with the Amended and Restated Rate and Method, and WHEREAS, on March 7, 2016, following the close of the special election and the canvassing of the ballots, the City Council adopted Resolution No 2016-09 (the "Resolution of Change"), certifying the results of the special election and approving the Amended and Restated Rate and Method; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 2000-1 (GRAND COAST RESORT), ORDAINS AS FOLLOWS- 1 The above recitals are all true and correct 2 By the passage of this Ordinance, the City Council authorizes the levy of a Special Tax within the District at the maximum rates and in accordance with the Amended and Restated Rate and Method The Amended and Restated Rate and Method hereby replaces and supersedes in its entirety the Rate and Method of Apportionment as identified in Ordinance No 3519 of the City; provided that by its terms, the Amended and Restated Rate and Method will not be effective and shall not apply to the levy of the Special Tax until fee title to all Taxable Property within the District is conveyed to a person or entity which is not an entity of the State, federal or any local government. 3. The City Council is hereby further authorized to determine in each subsequent fiscal year, by ordinance, or by resolution if permitted by then applicable law, on or before August 10 of each year, or such later date as is permitted by law, the specific Special Tax rate and amount to be levied on each parcel of land in the District pursuant to the Amended and Restated Rate and Method The Special Tax rates to be levied pursuant to the Amended and Restated Rate and Method shall not exceed the applicable maximum rates set forth therein, but the Special Tax may be levied at a lower rate if authorized by the Amended and Restated Rate and Method 4. Properties or entities of the State, federal or other local governments shall be exempt from the Special Tax, except as otherwise provided in Sections 53317 3 and 53317 5 of the Act and the Amended and Restated Rate and Method No other properties or entities are exempt from the Special Tax unless the properties or entities are expressly exempted in the Resolution of Change, or in a Resolution of Change to levy a new Special Tax or Special Taxes or to alter the Rate and Method of Apportionment of an existing Special Tax as provided in Section 53334 of the Act. 5. All of the collections of the Special Tax pursuant to the Amended and Restated Rate and Method shall be used as provided for in the Act and the Resolution of Change The Special Tax shall be levied within the District only so long as needed for the purposes described in the Amended and Restated Rate and Method 6 The Special Tax levied pursuant to the Amended and Restated Rate and Method shall be collected in the same manner as ordinary ad valorem property taxes are collected and 2 16-5112/131478 ORDINANCE NO 4082 shall be subject to the same penalties and the same procedure, sale and lien piioiity in case of delinquency as is provided for ad valoiem taxes (which such pioceduies include the exercise of all rights and remedies permitted by law to make coiiections, including, but not limited to, the issuance of amended or supplemental tax bills), as such procedure may be modified by law of by this City Council from time to time 7 As a cumulative remedy, if any amount levied as a Special Tax for payment of the interest or principal of any bonded indebtedness of the District, together with any penalties and other charges accruing under this Ordinance, are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal on said bonds, order that the same be collected by an action brought in the Superior Court to foreclose the lien of such Special Tax 8 This Ordinance relating to the levy of the Special Tax within the District shall take effect 30 days following its final passage, and the specific authorization for adoption is pursuant to the provisions of Section 53340 of the Act 9 The City Clerk is hereby authorized to transmit a certified copy of this Ordinance to the Office of the Clerk-Recorder of the County of Oiange, and to perform all other acts which aie required by the Act, this Ordinance or by law in order to accoup lisp the purpose of this Ordinance. INTRODUCED ON the 7°i day of Mai ch, 2016 - 3 16-5112/131478 ORDINANCE NO 4082 PASSED, APPROVED AND ADOPTED this AL"' day of Mai ch, 2016 Mayor ATTEST i Cle►k REV1E ED AND APPROVED APPROVED AS T FORM Cit} na ei i Attouney I TIA1 ED A APPR VED Ass and City Mana 4 16-5112/131478 Ord. No. 4082 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF HUNTINGTON BEACH ) I, JOAN L FLYNN, 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 March 7,2016, and was again read to said City Council at a Regular meeting thereof held on March 21,2016, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council AYES: Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize, Peterson NOES: None ABSENT: None ABSTAIN: None I,Joan L Flynn,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 Wave on March 31,2016 /4* In accordance with the City Charter of said City Joan L Flynn,City Clerk City Nrk and ex-office Clerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California