HomeMy WebLinkAboutCity Council - 6163 RESOLUTION NO. 6163
A RESOLUTION CALLING SPECIAL ELECTION
Community Facilities District No. 1990-1
(Goldenwest/Ellis Area)
The City Council of the City of Huntington Beach hereby resolves
as follows :
WHEREAS, on this date, this City Council adopted a 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") ,
ordering the formation of Community Facilities District No. 1990-1
(Goldenwest/Ellis area) (the "District") , authorizing the levy of a
special tax on property within the District and preliminarily
establishing an appropriations limit for the District, and a
resolution entitled "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" (the "Resolution to Incur Indebtedness") ,
determining the necessity to incur bonded indebtedness in the
maximum aggregate principal amount of $2, 500, 000 . 00 upon the
security of said special tax to be levied within the District; and
pursuant to the provisions of said resolutions, the propositions of
the levy of said special tax, the establishment of the
appropriations limit and the incurring of the bonded indebtedness
shall be submitted to the qualified electors of the District as
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required by the Mello-Roos Community Facilities Act of 1982, as
amended (the "Act") .
NOW, THEREFORE, IT IS HEREBY ORDERED as follows :
SECTION 1. Pursuant to Sections 53326, 53353 . 5 and 53325 . 7 of
the Act, the issues of the levy of said special tax, the incurring
of bonded indebtedness and the establishment of said appropriations
limit shall be submitted to the qualified electors of the District
at an election called therefor as provided below.
SECTION 2 . As authorized by Section 53353 . 5 of the Act, the
three propositions described in paragraph 1 above shall be combined
into a single ballot measure, the form of which is attached hereto
as Exhibit "A" and by this reference incorporated herein. Said form
of ballot is hereby approved.
SECTION 3 . This City Council hereby finds that fewer than 12
persons have been registered to votewithin the territory of the
District for each of the ninety (90) days preceding the close of the
public hearings heretofore conducted and concluded by this City
Council for the purposes of these proceedings . Accordingly, an d
pursuant to Section 53326 of the Act, this City Council finds that
for purposes of these proceedings the qualified electors are the
landowners within the District and that the vote shall be by said
landowners or their authorized representatives, each having one vote
for each acre or portion thereof such landowner owns in the District
as of the close of said public hearings .
SECTION 4 . This City Council hereby calls a special election to
consider the measure described in paragraph 2 above, which election
shall be held on July 2, 1990, in the City Council Chambers . The
City Clerk is hereby designated as the official to conduct said
election. It is hereby acknowledged that the City Clerk has on file
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the Resolution of Formation, a certified map of the proposed
boundaries of the District, and a sufficient description to allow
the City Clerk to determine the boundaries of the District.
The voted ballots shall be returned to the City Clerk prior to
7 :30 p.m. on July 2, 1990; and when all of the qualified electors
have voted the election shall be closed.
SECTION 5 . Pursuant to Section 53327 of the Act, the election
shall be conducted by mail ballot pursuant to Section 1340 of the
California Elections Code. This City Council hereby finds that
paragraphs (a) , (b) , (c) (1) , and (c) (3) of said Section 1340 are
applicable to this special election.
SECTION 6 . The City Clerk shall cause to be delivered to each
of the qualified electors of the District a ballot in the form set
forth in Exhibit "A" hereto . Each ballot shall indicate the number
of votes to be voted by the respective landowner to which it
pertains .
Each ballot shall be accompanied by all supplies and written
instructions necessary for the use and return of the ballot . The
envelope to be used to return the ballots shall be enclosed with the
ballot, have the return postage prepaid, and contain the following:
(a) the name and address of the landowner,
(b) a declaration, under penalty of perjury, stating that the
voter is the owner of record or authorized representative of the
landowner entitled to vote and is the person whose name appears
on the envelope,
(c) the printed name, signature and address of the voter,
(d) the date of signing and place of execution of the
declaration pursuant to clause (b) above, and
(e) a notice that the envelope contains an official ballot and
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is to be opened only by the canvassing board.
Analysis and arguments with respect to the ballot measures are
hereby waived, as provided in Section 53327 of the Act .
SECTION 7 . The City Clerk shall accept the ballots of the
qualified electors in the City Council Chambers on and prior to 7:30
p.m. on July 2, 1990, whether said ballots be personally delivered
or received by mail . The City Clerk shall have available ballots
which may be marked at said location on the election day by said
qualified electors .
SECTION 8 . This City Council hereby further finds that the
provision of Section 53326 of the Act requiring a minimum of 90 days
following the adoption of the Resolution of Formation to elapse
before said special election is for the protection of the qualified
electors of the District. There is on file with the City Clerk a
written petition executed by the qualified electors of the District
requesting a shortening of the time for said special election to
expedite the process of formation of the District. Accordingly,
this City Council finds and determines that the qualified electors
have been fully apprised of and have agreed to the shortened time
for the election and have thereby been fully protected in these
proceedings . This City Council also finds and determines that the
City Clerk has concurred in the shortened time for the election.
SECTION 9 . The City Clerk is hereby directed to publish in a
newspaper of general circulation circulating within the District a
copy of this resolution and a copy of the Resolution to Incur
Indebtedness, as soon as practicable after the date of adoption of
this Resolution.
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6163
PASSED AND ADOPTED by the City Council of the City of Huntington
adjourned
Beach at regular meeting thereof held on the 25th day
of June 1990 .
Mayor
ATTEST: APPROVED AS TO FORM:
C t,Y,,C1erk City Attorney 154 s
REVIEWED AND APPROVED: INITIATED ND APPR ED:
r
City Admini ` trator Director of Adiiinistrativ Ser ices
i
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EXHIBIT A
CITY OF HUNTINGTON BEACH
Community Facilities District No. 1990-1
(Goldenwest/Ellis Area)
OFFICIAL BALLOT
SPECIAL TAX ELECTION
(July 2, 1990)
This ballot is for a special, landowner election. You must
return this ballot in the enclosed postage paid envelope to the
office of the City Clerk of the City of Huntington Beach no later
than 7:30 p.m. on July 2, 1990, either by mail or in person. The
City Clerk' s office is located at 2000 Main Street, Huntington
Beach, California, 92648 .
To vote, mark a cross (X) on the voting line after the word
"YES" or after the word "NO" . All marks otherwise made are
forbidden. All distinguishing marks are forbidden and make the
ballot void.
If you wrongly mark, tear, or deface this ballot, return it to
the City Clerk of the City of Huntington Beach and obtain another.
BALLOT MEASURE: Shall the City of
Huntington Beach incur an indebtedness
and issue bonds in the maximum aggregate Yes :
principal amount of $2, 500, 000 . 00, with
interest at a rate or rates not to exceed No:
the maximum interest rate permitted by
law at the time of sale of such bonds on
behalf of Community Facilities District No.
1990-1 (Goldenwest/Ellis Area) (the
"District") , the proceeds of which will be
used to finance certain public street,
water, sewer, storm drain, traffic control
and fire station improvements and the
undergrounding of utilities; shall a
special tax payable solely from lands
within the District be levied annually
upon lands within the District to pay for
the principal and interest upon such bonds ,
the costs of the City in providing additional
police and fire protection services and
paramedic services within the District and
the costs of the City in administering the
District, and shall the annual appropriations
limit of the District be established in the
amount of $750, 000 . 00?
By execution in the space provided below,you also indicate your
waiver of the time limit pertaining to the conduct of the election
and any requirement for analysis and arguments with respect to the
ballot measure, as such waivers are described and permitted by
Section 53326(a) and 53327(b) of the California Government Code.
Number of Votes:
Property Owner:
By:
Its:
6163
Res. No. 6163
STATE OF CALIFORNIA
COUNTY OF ORANGE 3 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, Mays, Bannister, Silva, Erskine
NOES: Councilmembers:
Winchel1
ABSENT: Councilmembers:
Green
City Clerk abd ex-offielo Clerk
of the City ,Council of the City
of Huntington Beach, California