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HomeMy WebLinkAboutCity Council - 2000-34 RESOLUTION NO. 20�00 34 JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AND THE BOARD OF DIRECTORS OF THE CITY OF HUNTINGTON BEACH REDEVELOPMENT AGENCY WITH RESPECT TO FINDINGS THAT THE THE CITY OF HUNTINGTON BEACH REDEVELOPMENT AGENCY IS A LANDOWNER SUBJECT TO THE LEVY AND COLLECTION OF SPECIAL TAXES WITHIN CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 2000-1 (GRAND COAST RESORT) WHEREAS, The City of Huntington Beach (the "City") is a municipal corporation and charter city duly organized and existing under a charter pursuant to which the City has the right and power to make and enforce all laws and regulations in respect to municipal affairs and certain other matters in accordance with,and as more particularly provided in,Sections 3,5 and 7 of Article XI of the Constitution of the State of California and Section 500 of Article V of the Charter of the City;and WHEREAS, on May 3, 1999,the City Council determined that the public interest and necessity required the adoption of Ordinance No. 3417,entitled"An Ordinance of the City of Huntington Beach Providing for the City of Huntington Beach Community Facilities District Financing Law Including General Provisions and Definitions,Powers and Procedures to Issue Community Facilities District Bonds for the Purpose of Providing Financing for Specified Purposes, and Certain Other Supplemental Provisions"(the"Ordinance"), which established a procedure for the authorization of the levy of special taxes and the issuance of special tax bonds by the City, and enacted the City Special Tax Financing Improvement Code (the"Code");and WHEREAS,Section 3.56.040 of the Code allows the local agency to take any actions or make any determinations which it determines are necessary or convenient to carry out the purposes of the Code and which are not otherwise prohibited by law. NOW, THEREFORE,IT IS HEREBY RESOLVED by the City Council and the Board of Directors of the City of Huntington Beach Redevelopment Agency ("Agency"),the following: Section 1. Findings The City Council and the Agency hereby find that the foregoing recitals are true and correct. Section 2. Determinations. The City Council and the Agency hereby find that,pursuant to Sections 3.56.070(i)and 3.56.040 of the Code,in order to carry out the purposes of the Code,and in order for the City and Agency to carry out their respective purposes, it is necessary and convenient to determine that the Agency is a public agency landowners subject to a special tax. RVPUBIKSC1549755 P' eS, '�( 000-3'v Section 3. Procedures in Connection with Special Tax. The City Council and Board of Directors of the Agency hereby find that pursuant to Section 3.56.070(i)of the Code,the Agency,as fee title owner or leaseholder of any land within the District, is considered a public agency landowner and,as such, is entitled to cast votes based on such possessory interest in land located within the District for the special election proceedings scheduled to take place in connection with the formation of the District on April 17, 2000, and is subject to the levy and collection of special taxes and potential foreclosure proceedings in connection therewith. Section 4. Chai man Authorized to Execute and Submit Ballot. The Chairman of the Agency is hereby authorized to execute and submit the official ballot in connection with the special election for the District to be held on April 17,2000. PASSED AND ADOPTED by the City Council and the Board of Directors of the Redevelopment Agency of the City of Huntington Beach at a regular meeting thereof held on the 17th day of April,2000. Mayor/Chairman ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED _ P W C, 00 City Atninistrator Director of'Economic Development RVPUBNKSC%549755 -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF HUNTINGTON ) BEACH ) z, Connie Brockway , City Clerk of the City of Huntington Beach, hereby certify this to be a true and correct copy of Resolution Number 2000-34. Witness my hand and the seal of the City of Huntington Beach this 17thday of April,2000. 4w.i ae"iwd City Clerk RVPUMKSC1549755 -3- Res. No. 2000-34 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 17th day of April, 2000 by the following vote: AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: None ABSTAIN: None City Clerk and ex-offiefo Clerk of the City Council of the City of Huntington Beach, California