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HomeMy WebLinkAboutCity Council - 6162 RESOLUTION NO. 616 A RESOLUTION DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN COMMUNITY FACILITIES DISTRICT NO. 1990-1 (GOLDENWEST/ELLIS AREA) AND SUBMITTING PROPOSITION 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, the 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 Act of 1982" (the "Resolution of Intention stating its intention to form Community Facilities ) g Y 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") and a resolution entitled "A Resolution of Intention to Incur Bonded Indebtedness of the Proposed Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) Pursuant to the Mello-Roos Community Facilities Act of 1982" (the "Resolution of Intention to Incur Indebtedness") stating its intention to incur bonded indebtedness within the boundaries of the District for the purpose of financing the costs of certain facilities specified in the Resolution of Intention, and on this date, this City Council held a noticed public hearing as required by the Act and at said hearing all persons desiring to be heard on all matters pertaining to the formation of the District, the provision of said facilities (the "Facilities") and services and the levy of the special tax on property within the District were heard and a full and fair hearing was held, and subsequent to said hearing this City Council adopted a -1- i resolution entitled "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" (the "Resolution of Formation" an d d on this this i n date, t s City Council also held a noticed public hearing as required by the Act relative to the matters material to the questions set forth in the Resolution of Intention to Incur Indebtedness and no written respect protests with to the p matters material to the questions set forth in the Resolution of Intention to Incur Indebtedness have been filed with the City Clerk. NOW, THEREFORE, IT IS HEREBY ORDERED as follows : SECTION 1. The foregoing recitals are true and correct. SECTION 2 . It is necessary to incur bonded indebtedness in the maximum aggregate principal amount of $2, 500,000 .00 within the boundaries of the District. SECTION 3 . The indebtedness is incurred for the purpose of financing the costs of the Facilities, as provided in the Resolution of Formation including, but not limited to, the costs of issuing and selling bonds to finance the Facilities and the initial costs of the City in administering the District. SECTION 4 . The whole of the District shall pay for the bonded indebtedness through the levy of the special tax. The tax is to be apportioned in accordance with the formula set forth in Exhibit "B" to the Resolution of Formation. SECTION 5 . The maximum amount of bonded indebtedness to be incurred is $2, 500, 000 . 00 and the maximum term of the bonds to be issued shall in no event exceed forty (40) years. -2- 6162 SECTION 6 . The bonds shall bear interest at rate or rates not to exceed the maximum interest rate permitted by applicable law at the time of sale of the bonds, payable semiannually or in such other manner as this City Council or its designee shall determine, the actual rate or rates and times of payment of such interest to be determined by this City Council or its designee at the time or times of sale of said bonds . SECTION 7. The proposition of incurring the bonded indebtedness herein authorized shall be submitted to the qualified electors of the District and shall be consolidated with elections on the proposition of levying special taxes within the District and the establishment of an appropriations limit for the District pursuant to Section 53353 . 5 of the Act. The time, place and conditions of said election shall be as specified by separate resolution of this City Council . PASSED AND ADOPTED by the City Council of the City of Huntington adjourned Beach at a regular meeting thereof held on the 25 day of June 1990. Mayor AT EST. APPROVEZXA�. TO FORM: t_ y.`f� City Clerk City Attorney G -s—ckD JrVI WED AND APPROV INIT EI) A VED: 5 City Administrator Dir ctor of Ad inistrat' a rvices -3- 6162 1 Res. No. 6162 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 19 90 , by the following vote: AYES: Councilmembers: MacAllister, days, Bannister, Silva, Erskine NOES: Councilmembers: Winchell ABSENT: Councilmembers: Green City er. and ex-o icio Clerk of the Cit, Council of the City of Huntington Beach, California