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HomeMy WebLinkAboutCity Council - 6161 RESOLUTION NO. 6161 A RESOLUTION OF FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 1990-1 (GOLDENWEST/ELLIS AREA) , AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT AND SUBMITTING LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE DISTRICT Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) The City Council of the City of Huntington Beach hereby resolves as follows : WHEREAS, on May 7, 1990, this City Council 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" (the "Resolution of Intention") , stating its intention to form Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) (The "District") , of the City pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act") the provisions of which Resolution of Intention are incorporated herein by this reference as if fully set forth herein, and on this date, this City Council held a noticed public hearing as required by the Act and the Resolution of Intention and at said hearing evidence was presented to this City Council on said matters before it, including a report by the Director of Public Works, or his designee (the "Report") as to the facilities and services to be provided through the District and the costs thereof, a copy of which is on file with the City Clerk, and written protests with respect to the formation of the District the furnishing of specified types of facilities in services and/or the rate and method of apportionment of the special taxes have not been filed with the City Clerk by fifty percent (50%) or -1- more of the registered voters residing within the territory of the District or property owners of one-half (1/2) or more of the area of land within the District and not exempt from the special tax; and the special tax proposed to be levied in the District has not been eliminated by protest by fifty percent (50%) or more of the registered voters residing within the territory of the District or the owners of one-half (1/2) or more of the area of land within the District and not exempt from the special tax. NOW, THEREFORE, IT IS HEREBY ORDERED as follows : SECTION 1 . The foregoing recitals are true and correct . SECTION 2 . The proposed special tax to be levied within the District has not been precluded by majority protest pursuant to Section 53324 of the Act. SECTION 3 . All prior proceedings taken by this City Council in connection with the establishment of the District and the levy of the special tax have been duly considered and are hereby found and determined to be valid and in conformity with the Act. SECTION 4 . The community facilities district designated "Community Facilities District No. 1990-1 (Goldenwest/Ellis Area" of the City is hereby established pursuant to the Act . SECTION 5 . The boundaries of the District, as set forth in the map of the District heretofore recorded in the Orange County Recorder ' s Office in Book 52 at page 9 of Maps of Assessment and Community Facilities Districts, are hereby approved, are incorporated herein by reference and shall be the boundaries of the District . SECTION 6 . 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 -2- 6161 reference incorporated herein (the "Facilities") , and those items listed as services on Exhibit A (the "Services") , respectively. SECTION 7. 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 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 probable maximum amount such owner will have to pay, are described in Exhibit B attached hereto and by this reference incorporated herein. SECTION 8 . It is hereby found and determined that the Facilities and Services are necessary to meet increased demands placed upon local agencies as the result of development occurring in the District. SECTION 9 . The Director of Finance of the City of Huntington Beach, 2000 Main Street, Huntington Beach, California 92648, telephone number (714) 536-5228 is the officer of the City which will be responsible for preparing annually a current roll of special tax levy obligations by assessor ' s parcel number and which will be responsible for estimating future special tax levies pursuant to Section 53340 . 1 of the Act. SECTION 10 . Upon recordation of a notice of special tax lien pursuant to Section 3114 . 5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall -3- 6161 attach to all nonexempt real property in the District and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with the law or until collection of the tax by the City ceases . SECTION 11 . In accordance with Section 53325 . 7 of the Act, the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the District is hereby preliminarily established at $750, 000 . 00 and said appropriations limit shall be submitted to the voters of the District as hereafter provided. The proposition establishing said annual appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be in accordance with the applicable provision of Section 53325 . 7 of the Act . SECTION 12 . Pursuant to the provisions of the Act, the proposition of the levy of the special tax and the- proposition of the establishment of the appropriations limit specified above shall be submitted to the qualified electors of the District at an election the time, place and conditions of which election shall be as specified by a separate resolution of this City Council . PASSED AND ADOPTED by the City Council of the City of Huntington a adjourned Beach at regular meeting thereof on the 25th day of June 1990 . _ Mayor A EST, APPROVED FORM?: Ci y;:,vC.terk City torney 6-,-c D REVIEWED AND APPROVED: I E OVED: -- Director-if dminis at ve Services City Administrator -4- 6161 EXHIBIT A 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, sidewalks, 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 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 . -5 6161 APPENDIX A DEBT SERVICE SCHEDULES 6161 CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT 90-1 S 0 U R C E S A N D U S E S O F F U N D S DELIVERY DATE: 7/24/90 SOURCES PAR AMOUNT OF BONDS................... $2,375,000.00 +PREMIUM /-DISCOUNT................... $0.00 BOND PROCEEDS........................................... 2,375,000.00 ACCRUED INTEREST........................................ 12,518.23 $2,387,518.23 USES OF FUNDS IMPROVEMENT FUND........................................ 1,826,480.00 UNDERWRITERS DISCOUNT (% or E)..........( 1.750000%)... 41,562.50 COST OF ISSUANCE........................................ 115,000.00 ACCRUED INTEREST............................`............ 12,518.23 CAPITALIZED INTEREST.................................... 199,468.84 DEBT SERVICE RESERVE.................................... 190,000.00 CONTINGENCY............................................. 2,488.66 $2,387,518.23 Prepared by Rod Gunn Associates, Inc., Seal Beach, California RUNDATE: 06-04-1990 a 18:37:46 FILENAME: HS KEY: 90.1 N rn N CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT 90-1 DEBT SERVICE SCHEDULE DATE PRINCIPAL COUPON INTEREST PERIOD TOTAL FISCAL TOTAL -------- -------------- ---------- -------------- -------------- .............. 4/ 1/91 146,953.13 146,953.13 10/ 1/91 97,968.75 97,968.75 244,921.88 4/ 1/92 97,968.75 97,968.75 10/ 1/92 20,000.00 8.250000 97,968.75 117,968.75 215,937.50 4/ 1/93 97,143.75 97,143,.75 10/ 1/93 25,000.00 8.250000 97,143.75 122,143.75 219,287.50 4/ 1/94 96,112.50 96,112.50 10/ 1/94 25,000.00 8.250000 96,112.50 121,112.50 217,225.00 4/ 1/95 95,081.25 95,081.25 10/ 1/95 30,000.00 8.250000 95,081.25 125,081.25 220,162.50 4/ 1/96 93,843.75 93,843.75 10/ 1/96 30,000.00 8.250000 93,843.75 123,843.75 217,687.50 4/ 1/97 92,606.25 92,606.25 10/ 1/97 35,000.00 8.250000 92,606.25 127,606.25 220,212.50 4/ 1/98 91,162.50 91,162.50 10/ 1/98 35,000.00 8.250000 91,162.50 126,162.50 217,325.00 4/ 1/99 89,718.75 89,718.75 10/ 1/99 40,000.00 8.250000 89,718.75 129,718.75 219,437.50 4/ 1/ 0 88,068.75 88,068.75 10/ 1/ 0 40,000.00 8.250000 88,068.75 128,068.75 216,137.50 4/ 1/ 1 86,418.75 86,418.75 10/ 1/ 1 45,000.00 8.250000 86,418.75 131,418.75 217,837.50 4/ 1/ 2 84,562.50 84,562.50 10/ 1/ 2 50,000.00 8.250000 84,562.50 134,562.50 219,125.00 4/ 1/ 3 82,500.00 82,500.00 Prepared by Rod Gunn Associates, Inc., Seal Beach, California RUNDATE: 06-04-1990 a 18:38:35 FILENAME: HS KEY: 90.1 rn F-' rn F- CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT 90-1 DEBT SERVICE SCHEDULE DATE PRINCIPAL COUPON INTEREST PERIOD TOTAL FISCAL TOTAL ........ ......... .......... .............. .............. ......-------- 10/ 1/ 3 55,000.00 8.250000 82,500.00 137,500.00 220,000.00 4/ 1/ 4 80,231.25 80,231.25 10/ 1/ 4 55,000.00 8.250000 80,231.25 135,231.25 215,462.50 4/ 1/ 5 77,962.50 77,962.50 10/ 1/ 5 60,000.00 8.250000 77,962.50 137,962.50 215,925.00 4/ 1/ 6 75,487.50 75,487.50 10/ 1/ 6 65,000.00 8.250000 75,487.50 140,487.50 215,975.00 4/ 1/ 7 72,806.25 72,806.25 10/ 1/ 7 70,000.00 8.250000 72,806.25 142,806.25 215,612.50 4/ 1/ 8 69,918.75 69,918.75 10/ 1/ 8 80,000.00 8.250000 69,918.75 149,918.75 219,837.50 4/ 1/ 9 66,618.75 66,618.75 10/ 1/ 9 85,000.00 8.250000 66,618.75 151,618.75 218,237.50 4/ 1/10 63,112.50 63,112.50 10/ 1/10 90,000.00 8.250000 63,112.50 153,112.50 216,225.00 4/ 1/11 59,400.00 59,400.00 10/ 1/11 100,000.00 8.250000 59,400.00 159,400.00 218,800.00 4/ 1/12 55,275.00 55,275.00 10/ 1/12 105,000.00 8.250000 55,275.00 160,275.00 215,550.00 4/ 1/13 50,943.75 50,943.75 10/ 1/13 115,000.00 8.250000 50,943.75 165,943.75 216,887.50 4/ 1/14 46,200.00 46,200.00 10/ 1/14 125,000.00 8.250000 46,200.00 171,200.00 217,400.00 4/ 1/15 41,043.75 41,043.75 10/ 1/15 135,000.00 8.250000 41,043.75 176,043.75 217,087.50 Prepared by Rod Gunn Associates, Inc., Seal Beach, California RUNDATE: 06.04-1990 2 18:38:39 FILENAME: HB KEY: 90-1 rn N rn F- r CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT 90-1 DEBT SERVICE SCHEDULE DATE PRINCIPAL COUPON INTEREST PERIOD TOTAL FISCAL TOTAL 4/ 1/16 35,475.00 35,475.00 10/ 1/16 145,000.00 8.250000 35,475.00 180,475.00 215,950.00 4/ 1/17 29,493.75 29,493.75 10/ 1/17 160,000.00 8.250000 29,493.75 189,493.75 218,987.50 4/ 1/18 22,893.75 22,893.75 10/ 1/18 170,000.00 8.250000 22,893.75 192,893.75 215,787.50 4/ 1/19 15,881.25 15,881.25 10/ 1/19 185,000.00 8.250000 15,881.25 200,881.25 216,762.50 4/ 1/20 8,250.00 8,250.00 10/ 1/20 200,000.00 8.250000 8,250.00 208,250.00 216,500.00 2,375,000.00 4,177,284.38 6,552,284.38 ACCRUED 12,518.23 12,518.23 2,375,000.00 4,164,766.15 6,539,766.15 Prepared by Rod Gunn Associates, Inc., Seal Beach, California RUNDATE: 06-04.1990 8 18:38:41 FILENAME: HB KEY: 90.1 rn rn N CITY OF HUNTINGTON BEACH law COMMUNITY FACILITIES DISTRICT 90-1 ' DEBT SERVICE SCHEDULE Dated 7/ 1/90 with Delivery of 7/24/90 Bond Years 50,633.750 Average Coupon 8.250000 Average life 21.319474 N I C % 8.250000 % Using 100.0000000 T I C % 8.430068 % From Delivery Date Prepared by Rod Gunn Associates, Inc., Seat Beach, California RUNDATE: 06-04-1990 8 18:38:43 FILENAME: HB KEY: 90-1 rn N CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT 90-1 CAPITALIZED INTEREST FUND DELIVERY DATE: 7/24/90 PERIOD BEGINNING ACCRUED CONSTR. FUND DEBT SERVICE CAPITALIZED TOTAL FUNDS BOND INTEREST ENDING ENDING BALANCE INTEREST EARNINGS RESERVE INT. EARNINGS AVAILABLE CAPITALIZED BALANCE ( 8.000000 %) ( 8.000000 X) (100.000000 %) ........ .............. .............. .............. .............. .............. .............. .............. 4/ 1/91 199,468.84 12,518.23 10,428.89 11,494.53 233,910.49 146,953.13 86,957.37 10/ 1/91 86,957.37 7,600.00 3,411.38 97,968.75 97,968.75 12,518.23 18,028.89 14,905.91 244,921.87 Note: Capitalized Interest Earnings Utitized Annual Compoundings Using a 30/360 Year Basis Prepared by Rod Gunn Associates, Inc., Seat Beach, California RUNDATE: 06-04-1990 8 18:38:54 FILENAME: HB KEY: 90-1 rn N F-' EXHIBIT B CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 1990-1 (Goldenwest/Ellis Area) RATE AND METHOD OF APPORTIONMENT OF THE 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 (Goldenwest/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) 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. 1 6161 The District is Community Facilities District No. 1990-1 (Goldenwest/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 land ending the following June 30. Maximum Special Tax is an amount for any Fiscal Year equal to$264,000. 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. 2 6161 CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 1990-1 (Goldenwest/Ellis Area) ATTACHMENT I Fiscal Year Maximum End June 30 Special Tax 1991 $264,000 1992 269,280 1993 274,666 1994 280,159 1995 285,762 1996 291,477 1997 297,307 1998 303,253 1999 309,318 2000 315,504 2001 321,815 2002 328,251 2003 334,816 2004 341,512 2005 348,342 2006 355,309 2007 362,415 2008 369,664 2009 377,057 2010 384,598 2011 392,290 2012 400,136 2013 408,139 2014 416,301 2015 424,627 2016 433,120 2017 441,782 2018 450,618 2019 459,630 2020 468,823 2021 and Previous Fiscal Year Thereafter Increased by 2% 3 6161 Res. No. 6161 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 adjourned meeting thereof held on the 25th day of June 1990 , by the following vote: AYES: Councilmembers: MacAllister, Mays, Bannister, Silva, Erskine NOES: Councilmembers: Winchell ABSENT: Councilmembers: Green 4%voo� city Clerk and ex-off-Kno er of the City Council of the City of Huntington Beach, California