HomeMy WebLinkAboutCity Council - 2000-38 RESOLUTION NO. 2000-38
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
DECLARING THE RESULTS OF THE CONSOLIDATED SPECIAL ELECTIONS
FOR CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT
NO. 2000-1 (GRAND COAST RESORT) ON THE PROPOSITIONS WITH
RESPECT TO (i)INCURRING A BONDED INDEBTEDNESS IN AN
AMOUNT NOT TO EXCEED$16,000,000, (d)THE ANNUAL
LEVY OF SPECIAL TAXES TO PAY PRINCIPAL AND
INTEREST ON BONDS AND(iii)THE ESTABLISH-
MENT OF AN APPROPRIATIONS LIMIT AND
AUTHORIZING THE RECORDATION OF
THE NOTICE OF SPECIAL TAX LIEN
WHEREAS, on January 18, 2000, the City Council (the "City Council") of the City of
HuntingtonBeach("City")")adopted Resolution No.2000-6 determ ning the necessity for City of Huntington
Beach Community Facilities District No. 2000-1 (Grand Coast Resort) County of Orange, State of
California(the"Community Facilities District"),to incur a bonded indebtedness in an amount not to exceed
$16,000,000 and calling a special election on the proposition of incurring such a bonded indebtedness for
April 17,2000 and providing for the consolidation of that election with the election on the propositions with
respect to the annual levy of special taxes on taxable property within the Community Facilities District to
pay principal of and interest on such bonds,and the establishment of an appropriations limit for the Com-
munity Facilities District; and
WHEREAS,on January 18,2000,the City Council also adopted Resolution No.2000-37
calling a special election for April 17,2000,for submitting to the voters of the Community Facilities District
the proposition with respect to the annual levy of special taxes on taxable property within the Community
Facilities District to pay the principal of and interest on the bonds thereof,and the proposition with respect
to the establishment of an appropriations limit for the Community Facilities District,and providing for the
consolidation of that election with the election on the proposition of the Community Facilities District
incurring a bonded indebtedness; and
WHEREAS, the City Council has received a statement from the City Clerk (the "City
Clerk"),who pursuant to Resolution No. 2000-37,the resolution calling the election,was authorized to
conduct the consolidated special elections and act as the election official therefor, with respect to the
canvass of the ballots returned in and the results of the consolidated special elections,certifying that more
than two-thirds of the votes cast upon the propositions submitted to the voters in the consolidated special
elections were cast in favor of approving all such propositions;
NOW,THEREFORE, IT IS HEREBY RESOLVED,by the City Council of the City of
Huntington Beach,the following:
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Section 1. Findings. The City Council finds that: (i)there were zero persons registered
to vote within the boundaries of the Community Facilities District at the time of the close of the protest
hearing on April 17, 2000 and pursuant to Section 53326 of the California Government Code("Section
53326") the vote in the consolidated special elections was,therefore,to be by the landowners within the
Community Facilities District with each landowner having one vote for each acre or portion of an acre of
land that he or she owns or has possession OF within the Community Facilities District which would be
subject to the special tax if levied at the time of the consolidated special elections; (ii)pursuant to Section
53326 and Resolution No.XIM-37,the City Clerk distributed the ballots for the consolidated special elec-
tions to the owners of all of the land included within the boundaries of the Community Facilities District(the
"Property Owners"),a list of which is set forth in Exhibit"A",attached hereto and incorporated herein by
reference,by personal delivery with return postage prepaid;(iii)the Property Owners waived the time limits
for holding the consolidated special elections and the election dates specified in Section 53326, and
consented to the calling and holding of the consolidated special elections on April 17, 2000; (iv) the
consolidated special elections have been properly conducted in accordance with all statutory requirements
and the provisions of Resolution No.,lo60 3q;(v)pursuant to Section 53326,the Property Owners,which
own approximately 15.103 acres,was entitled to a total of 16 votes;(vi)the ballot was returned to the City
Clerk prior to 7:00 p.m.,or immediately after the Resolution Calling the Special Election was adopted on
April 17,2000,by the Property Owners;(vii)the ballot returned to the City Clerk by the Property Owners
voted all votes to which they were entitled in favor of all propositions set forth therein;(viii)more than two-
thirds of the votes cast in the consolidated special elections on each such proposition were cast in favor
thereof, and pursuant to Sections 53328, 53329 and 53355 of the California Government Code, all such
propositions carried; (ix)the City Council as the legislative body of the Community Facilities District, is
therefore authorized to take the necessary action to have the Community Facilities District incur a bonded
indebtedness in an amount not to exceed $16,000,000 and to annually levy special taxes on taxable
property within the Community Facilities District in amounts sufficient to pay the principal of and interest
on the bonds of the Community Facilities District;and(x)an appropriations limit for the Community Facili-
ties District has been established in the amount of$1,750,000.
Section 2. Declaration of Results. All votes voted in the consolidated special elections on
the propositions with respect to the Community Facilities District incurring a bonded indebtedness in an
amount not to exceed $16,000,000, the annual levy of special taxes on taxable property within the
Community Facilities District to pay the principal of and interest on the bonds thereof,and the establishment
of an appropriations limit in the amount of$1,750,000 for the Community Facilities District were voted in
favor thereof, and all such propositions carried.
Section 3. Effect of Elections. The effect of the results of the consolidated special
elections,as specified in Section 2 hereof,is that the City Council,as the legislative body of the Community
Facilities District, is authorized to have the Community Facilities District incur a bonded indebtedness in
an amount not to exceed$16,000,000 for the purposes set forth in Proposition A of the Official Ballot for
the consolidated special elections, and, after the Community Facilities District has incurred a bonded
indebtedness and issued bonds therefor, to annually levy special taxes on taxable property within the
Community Facilities District in anamount sufficient to pay the principal of and interest on the bonds at the
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special tax rates and pursuant to the methodology for determining and apportioning such special taxes
which are set forth in Exhibit"B"to Resolution No. 2000-5 adopted by the City Council: on January 18
2000, and an appropriations limit has been established for the Community Facilities District in the amount
of$1,750,000.
Section 4. Notice of Special Tax Lien The Clerk shall record a notice of special tax lien
pursuant to Section 533283 of the California Government Code and Section 3114.5 of the California
Streets and Highways Code.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 17th day of April, 2000.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED
A&W C,#y
City AdmAstrator Director of Economic Development:
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ENIIIBIT A
List of Property Owner(s)
City of Huntington Beach Redevelopment Agency
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF HUNTINGTON BEACH )
I, Connie Brockway , City Clerk of the City of Huntington Beach, do hereby
certify that the foregoing Resolution0ty-58 was duly adopted by the City Council at its regular meeting held
on the 17th day of April, 2000,and that it was so adopted by the following roll call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk
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Res. No. 2000-38
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-offici Clerk of the
City Council of the City of
Huntington Beach, California