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HomeMy WebLinkAboutCity Council - 6142 RESOLUTION NO. 6142 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) WHEREAS, the City Council of the City of Huntington Beach has adopted a resolution entitled "A Resolution Of The City Council Of The City Of Huntington Beach Acknowledging Receipt Of Petition For Establishment Of Community Facilities District, Directing Initiation Of Proceedings Under The Mello-Roos Community Facilities Act Of 1982, And Approving An Agreement Regarding Advances And Employing Consultants In Connection Therewith, " wherein it expressed its desire to undertake proceedings pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "ACT") , to form a community facilities district; and the City Council of the City of Huntington Beach now intends to commence formal proceedings under and pursuant to the ACT to form a community facilities district as provided below; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES HEREBY RESOLVE AS FOLLOWS: 1 . The City Council proposes to conduct proceedings to establish a community facilities district pursuant to the ACT. 2 . The name proposed for the community facilities district is community facilities District No. 1990-1 (Goldenwest/Ellis Area) (the "DISTRICT") . 3 . The proposed boundaries of the DISTRICT are as shown on the map of the DISTRICT on file with the City Clerk, which boundaries are hereby preliminarily approved and to which map reference is hereby made for further particulars . The City Clerk is hereby -1- directed to record, or cause to be recorded, said map of the boundaries of the DISTRICT in the office of the County Recorder within fifteen days of the date of adoption of this Resolution. 4 . The type of public facilities and services proposed to be financed by the DISTRICT and pursuant to the ACT shall consist of those items listed as facilities on Exhibit "A" hereto and by this reference incorporated herein (the "FACILITIES") , and those items listed as services on Exhibit "A" (the "SERVICES") , respectively. 5 . Except to the extent that funds are otherwise available to the DISTRICT to pay for the FACILITIES, the SERVICES and/or the principal and interest as it becomes due on bonds of the DISTRICT issued to finance the FACILITIES, a special tax sufficient to pay the cost thereof, secured by recordation of a continuing lien against all non-exempt real property in the DISTRICT, is intended to be levied annually within the DISTRICT, and collected in the same manner as ordinary ad valorem property taxes. The proposed rate and method of apportionment of the special tax among the parcels of real property within the DISTRICT, in sufficient detail to allow each landowner within the proposed DISTRICT to estimate the maximum amount such owner will have to pay, are described in Exhibit "B" attached hereto and by this reference incorporated herein. 6 . It is the intention of the City Council acting as the legislative body for the DISTRICT to cause bonds of the City to be issued for the DISTRICT pursuant to the ACT to finance in whole or in part the acquisition of the FACILITIES. Said bonds shall be in the aggregate principal amount of not to exceed $3, 500, 000 . 00, shall bear interest payable semi-annually or in such other manner as the City Council shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time -2- 6142 of sale of such bonds, and shall mature not to exceed 40 years from the date of the issuance thereof. 7. The levy of said proposed special tax shall be subject to the approval of the qualified electors of the DISTRICT at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballot among the landowners in said proposed DISTRICT, with each owner having one vote for each acre or portion of an acre such owner owns in the DISTRICT. 8. Except as may otherwise be provided by law, all lands owned by any public entity, including the United States, the State of California and/or the City, or any departments or political subdivisions thereof, shall be omitted from the levy of the special tax to be made to cover the costs and expenses of the FACILITIES. In the event that a portion of the property within the DISTRICT shall become for any reason exempt, wholly or in part, from the levy of the special tax described in Exhibit "B, " the City Council will, on behalf of the DISTRICT, increase the levy to the extent necessary upon the remaining property within the DISTRICT which is not exempt in order to yield the required debt service payments and other annual expenses of the DISTRICT, if any, subject to any maximum special tax that may be levied. 9 . The Director of Public Works of the City, as the officer having charge and control of the FACILITIES and the SERVICES in and for the DISTRICT, or his designee, is hereby directed to study said proposed FACILITIES and SERVICES and to make, or cause to be made, and file with the CityClerk a report in writing, presenting the P g P 9 following: (a) A description of the FACILITIES and SERVICES by type which will be required to adequately meet the needs of the DISTRICT. -3- 6142 (b) An estimate of the fair and reasonable cost of financing the FACILITIES and providing the Service, including the cost of acquisition of lands, rights-of-way and easements, any physical FACILITIES required in conjunction therewith and incidental expenses in connection with said financing, including the costs of the proposed bond financing and all other related costs as provided in Section 53345.3 of the ACT. Said report shall be made a part of the record of the public hearing provided for below. 10 . The City Council, as legislative body for the DISTRICT, will conduct a public hearing on the establishment of the DISTRICT and consider and finally determine whether the public interest, convenience and necessity require the formation of the DISTRICT and the levy of said special tax. Said public hearing shall be held on Monday, June 18, 1990, at 7:30 p.m. , in the City Council Chambers, City Hall, 2000 Main Street, Huntington Beach, California . -4- 6142 11. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the DISTRICT. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form of Exhibit "C" hereto. PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, at a regular meeting thereof held on the 7th_ day of May 1990. Mayor ATTEST: APPROVED AS TO FORM: a City Clerk Ci y Attorney �'-9d REVIEWED AND APPROVED: ZINITVAND/)APPROVED: • T City Administrator '' Directox f Admini trati e Services -5- 6142 EXHIBIT "A" DESCRIPTION OF FACILITIES TO BE FINANCED BY THE DISTRICT COMMUNITY FACILITIES DISTRICT NO. 1990-1 (GOLDENWEST/ELLIS AREA) FACILITIES TO BE FINANCED Improvements to Ellis Avenue in the vicinity of the DISTRICT, including road improvements, curb, gutter, sidewalk, storm drain and signal improvements, striping and related improvements . Improvements to Goldenwest Avenue in the vicinity of the DISTRICT, including road improvements, curb, gutter, sidewalk, storm drain and signal improvements, striping and related improvements . Improvements to Quarterhorse Lane in the vicinity of the DISTRICT, including road improvements, curb, gutter, sidewalk, storm drain and signal improvements, striping and related improvements . Improvements to Saddleback Lane in the vicinity of the DISTRICT, including road improvements, curb, gutter, sidewalk, storm drain and signal improvements, striping and related improvements . Improvements to Edwards Street in the vicinity of the DISTRICT, including road improvements, curb, gutter, sidewalk, storm drain and signal improvements, striping and related improvements. Water and sewer system improvements along Ellis Avenue, Quarterhorse Lane and Saddleback Lane in the vicinity of the DISTRICT, including related improvements . Undergrounding of utilities along one or more of the foregoing streets in the vicinity of the DISTRICT, including any related work. Fire station improvements, including construction and related costs . Acquisition of emergency vehicle traffic interruption devices . SERVICES TO BE PROVIDED Police and Fire protection SERVICES, Paramedic SERVICES, in each case in addition to those currently provided in the DISTRICT. OTHER Costs of engineering, design, planning and coordination related to the above-listed FACILITIES. Bond related expenses, including underwriters discount, reserve fund, capitalized interest, bond counsel and all other incidental expenses . Administrative fees of the City and the Bond trustee or fiscal agent related to the DISTRICT and the Bonds . -6- 6142 EXHIBIT "B" PROPOSED RATE METHOD OF APPORTIONMENT OF SPECIAL TAX INCLUDING ESTIMATED MAXIMUM ANNUAL AMOUNT OF SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO. 1990-1 (GOLDENWEST/ELLIS AREA) -7- 6142 EXIHIBIT B Prepared by: Rod Gunn Associates,Inc. As of 04/25/90 CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 1990-1 (Golden West/Ellis Area) Rate and Method of Apportionment of Special Tax The Special Tax is to be levied by the Finance Director of the City on behalf of the District each Fiscal Year on all parcels within the District in an amount equal to the maximum Special Tax, less any Services Credit, as such terms are defined below. On March 1 of each year all taxable Parcels within the District shall be categorized by the Finance Director either as Developed Parcels or Undeveloped Parcels,and shall be subject to a Special Tax in accordance with the Rate and Method of Apportionment specified below. Undeveloped Parcels A Special Tax shall be levied on each Undeveloped Parcel as follows: (Taxable Sq. Ft.of Parcel X Maximum) - Services = Special (Taxable Sq. Ft.of District Special Tax) Credit Tax Developed Parcels A Special Tax shall be levied on each Developed Parcel as follows: 1 ) (Maximum - Total Special Tax Levied X Total Number of) - Services = Special (Special Tax on Undeveloped Parcels Developed Parcels) Credit Tax Definitions Act means the Mello-Roos Community Facilities Act of 1982,as amended. The Bonds means the City of Huntington Beach Community Facilities District No. 1990-1 (Golden West/Ellis Area) 1990 Special Tax Bonds,and any other bonds of the District payable from the Special Tax. The City means the City of Huntington Beach,California. Developed Parcel (1) is any Parcel that is within the boundaries of the District based on the latest available equalized rolls of the County of Orange as of March 1 of the applicable year which is not exempt from the Special Tax pursuant to Section 53311,et seq. of the California Government Code, (2) RGA 1 6142 EXIHIBIT B is not greater than 50,000 square feet in total square footage and (3) with respect to which a building permit for a single family dwelling has been issued as of March 1 of the current year. The District is Community Facilities District No. 1990-1 (Golden West/Ellis Area) of the City of Huntington Beach,California. Fiscal Agent means the fiscal agent for the Bonds appointed under the Fiscal Agent Agreement. Fiscal Agent Agreement means the agreement by that name approved by the Resolution of Issuance. Fiscal Year means the period starting on July 1 and ending the following June 30. Maximum Special Tax is an amount for any Fiscal Year determined by reference to Attachment I hereto. Resolution of Issuance is any Resolution adopted by the City Council of the City authorizing the issuance of Bonds. Services Credit is an amount equal to any proceeds of the Special Tax Levied within the District which has been allocated by the City to the payment of police and fire protection services and/or paramedic services authorized under the Act which have not been expended for such purpose by the last day of the prior Fiscal Year. Special Tax is any tax authorized by Section 53340 of the California Government Code adopted by Ordinance of the City and levied within the District. Taxable Square Footage of Parcels is all of the area within any Parcel within the District which is not exempt from the Special Tax pursuant to Section 53311, et. seq. of the California Government Code. Total Taxable Square Footage of the District means the aggregate Taxable Square Footage for all Parcels within the District. Undeveloped Parcel is any Parcel within the boundaries of the District (based on the latest equalized rolls of the County of Orange as of March 1 of each year) which is not a Developed Parcel, and is not exempt from the Special Tax under the provisions of the Act. RGA 2 6142 i EXIHIBIT B CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 90-1 ATTACHMENT I Fiscal Year Maximum End June so Special Tax 1991 320,000 1992 326,400 1993 332,928 1994 339,587 1995 346,378 1996 353,306 1997 360,372 1998 367,579 1999 374,931 2000 382,430 2001 390,078 2002 397,880 2003 405,837 2004 413,954 2005 422,233 2006 430,678 2007 439,291 2008 448,077 2009 457,039 2010 466,180 2011 475,503 2012 485,013 2013 494,713 2014 504,608 2015 514,700 2016 524,994 2017 535,494 2018 546,204 2019 557,128 2020 568,270 2021 300,000 2022 and Previous Fiscal Year Thereafter Increased by 2% 6142 EXHIBIT "C" NOTICE OF PUBLIC HEARING CITY OF HUNTINGTON BEACH Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) Notice is hereby given that on May 7, 1990, the City Council of the City of Huntington Beach adopted a Resolution entitled "A Resolution Of Intention to Establish A Community Facilities District And To Authorize The Levy Of Special Taxes Pursuant To The Mello-Roos Community Facilities Act Of 1982. " Pursuant to the Mello-Roos Community Facilities Act of 1982 (the "ACT") the City Council hereby gives notice as follows : A. The text of said Resolution of Intention is as follows : WHEREAS, the City Council of the City of Huntington Beach has adopted a resolution entitled "A Resolution Of The City Council Of The City Of Huntington Beach Acknowledging Receipt Of Petition For Establishment Of Community Facilities District, Directing Initiation Of Proceedings Under The Mello-Roos Community Facilities Act Of 1982, And Approving An Agreement Regarding Advances And Employing Consultants In Connection Therewith, " wherein it expressed its desire to undertake proceedings pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "ACT") , to form a community facilities district; and the City Council of the City of Huntington Beach now intends to commence formal proceedings under and pursuant to the ACT to form a community facilities district as provided below, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES HEREBY RESOLVE AS FOLLOWS: -8- 6142 1. The City Council proposes to conduct proceedings to establish a community facilities district pursuant to the ACT. 2 . The name proposed for the community facilities district is community facilities District No . 1990-1 (Goldenwest/Ellis Area) (the "DISTRICT") . 3 . The proposed boundaries of the DISTRICT are as shown on the map of the DISTRICT on file with the City Clerk, which boundaries are hereby preliminarily approved and to which map reference is hereby made for further particulars . The City Clerk is hereby directed to record, or cause to be recorded, said map of the boundaries of the DISTRICT in the office of the County Recorder within fifteen days of the date of adoption of this Resolution. 4 . The type of public facilities and services proposed to be financed by the DISTRICT and pursuant to the ACT shall consist of those items listed as facilities on Exhibit "A" hereto and by this reference incorporated herein (the "FACILITIES") , and those items listed as services on Exhibit "A" (the "SERVICES") , respectively. 5 . Except to the extent that funds are otherwise available to the DISTRICT to pay for the FACILITIES, the SERVICES and/or the principal and interest as it becomes due on bonds of the DISTRICT issued to finance the FACILITIES, a special tax sufficient to pay the cost thereof, secured by recordation of a continuing lien against all non-exempt real property in the DISTRICT, is intended to be levied annually within the DISTRICT, and collected in the same manner as ordinary ad valorem property taxes. The proposed rate and method of apportionment of the special tax among the parcels of -9- 6142 real property within the DISTRICT, in sufficient detail to allow each landowner within the proposed DISTRICT to estimate the maximum amount such owner will have to pay, are described in Exhibit "B" attached hereto and by this reference incorporated herein. 6. It is the intention of the City Council acting as the legislative body for the DISTRICT to cause bonds of the City to be issued for the DISTRICT pursuant to the ACT to finance in whole or in part the acquisition of the FACILITIES. Said bonds shall be in the aggregate principal amount of not to exceed $3 , 500,000 . 00, shall bear interest payable semi-annually or in such other manner as the City Council shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and shall mature not to exceed 40 years from the date of the issuance thereof . 7 . The levy of said proposed special tax shall be subject to the approval of the qualified electors of the DISTRICT at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballot among the landowners in said proposed DISTRICT, with each owner having one vote for each acre or portion of an acre such owner owns in the DISTRICT. 8 . Except as may otherwise be provided by law, all lands owned by any public entity, including the United States, the State of California and/or the City, or any departments or political subdivisions thereof, shall be omitted from the levy of the special tax to be made to cover the costs and expenses of the FACILITIES. In the event that a portion of the property within the DISTRICT shall become for any reason exempt, wholly -10- 6142 or in part, from the levy of the special tax described in Exhibit"B, " the City Council will, on behalf of the DISTRICT, increase the levy to the extent necessary upon the remaining property within the DISTRICT which is not exempt in order to yield the required debt service payments and other annual expenses of the DISTRICT, if any, subject to any maximum special tax that may be levied. 9 . The Director of Public Works of the City, as the officer having charge and control of the FACILITIES and the SERVICES in and for the DISTRICT, or his designee, is hereby directed to study said proposed FACILITIES and SERVICES and to make, or cause to be made, and file with the City Clerk a report in writing, presenting the following: (a) A description of the FACILITIES and SERVICES by type which will be required to adequately meet the needs of the DISTRICT. (b) An estimate of the fair and reasonable cost of financing the FACILITIES and providing the Service, including the cost of acquisition of lands, rights-of-way and easements, any physical FACILITIES required in conjunction therewith and incidental expenses in connection with said financing, including the costs of the proposed bond financing and all other related costs as provided in Section 53345 .3 of the ACT. Said report shall be made a part of the record of the public hearing provided for below. 10 . The City Council, as legislative body for the DISTRICT, will conduct a public hearing on the establishment of the DISTRICT and consider and finally determine whether the public interest, convenience and necessity require the formation -11- 6142 of the DISTRICT and the levy of said special tax. Said public hearing shall be held on Monday, June 18, 1990, at 7:00 p.m. , in the City Council Chambers, City Hall, 2000 Main Street, Huntington Beach, California. 11. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the DISTRICT. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form of Exhibit "C" hereto. B. The time and place established under said Resolution for the public hearing required under the ACT are Monday, June 18, 1990, at 7:00 p.m. , in the City Council Chambers, City Hall, 2000 Main Street, Huntington Beach, California. C. At said hearing, the testimony of all interested persons or taxpayers for or against the establishment of the DISTRICT, the extent of the DISTRICT or the furnishing of the specified types of FACILITIES will be heard. Any person interested may file a protest in writing as provided in Section 53323 of the ACT. If the owners of one-half or more of the area of land in the territory proposed to be included in the DISTRICT file written protests against the establishment of the DISTRICT and the protests are not withdrawn to reduce the value of the protests to less than a majority, the City Council shall take no further action to establish the DISTRICT for a period of one year from the date of said hearing, and if the majority protests of the landowners are only against the furnishing of a type or types of FACILITIES within the DISTRICT, or against levying a specified special tax, those types of FACILITIES or the specific special tax will be eliminated from the proceedings to form -12- 6142 the DISTRICT. D. The proposed voting procedure shall be by special mail or hand-delivered ballot to the property owners within the territory proposed to be included in the DISTRICT. Dated: MAY 9, 1990 City Clerk City of Huntington Beach -13- 6142 Res. No. 6142 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 resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 7TH day of MAY 1990 by the following vote: AYES: Councilmembers: MacAllister, Winchell, Green, Mays, Barinister, Silva, Erskine NOES: Councilmembers: None ABSENT: Councilmembers: None My Clerk and ex-offnat Clerk of the City Council of the City of Huntington Beach, California