HomeMy WebLinkAboutCity Council - 2002-41 RESOLUTION
SO UTIQN N0.2002-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH DECLARING RESULTS OF SPECIAL
ELECTION AND DIRECTING RECORDING OF NOTICE OF
SPECIAL TAX LIEN
WHEREAS, in proceedings heretofore conducted by this City Council pursuant to the
provisions of Chapter 3.56 (commencing with Section 3.56.010) of the Municipal Code of the
City of Huntington Beach (the "Code") and, as applicable under the Code, the Mello-Roos
Community Facilities Act of 1982, constituting Section 53311 et seq. of the California
Government Code (the "Act," and, together with the Code, the "Law"), this City Council on
this date adopted a resolution entitled "A Resolution of the City Council of the City of
Huntington Beach Calling Special Election Within Improvement Area A and within
Improvement Area B of the City of Huntington Beach Community Facilities District No. 2002-1
(McDonnell Centre Business Park)", calling for a special election of the qualified electors within
Improvement Area A of the City of Huntington Beach Community Facilities District No. 2002-1
(McDonnell Centre Business Park) ("Area A") and of the qualified electors within Improvement
Area B of the City of Huntington Beach Community Facilities District No. 2002-1 (McDonnell
Centre Business Park) ("Area B"); and
Pursuant to the terms of said resolution, which are by this reference incorporated
herein, the special election was held on this date, and the City Clerk has on file a Canvass and
Statement of Results of Election, a copy of which is attached hereto as Exhibit A;and
This City Council has reviewed the canvass and hereby approves it.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington
Beach as follows:
Section 1. The issues presented at the special election were the incurring of a bonded
indebtedness in the maximum aggregate principal amount for each of Area A and Area B of
$13,000,000, the levy of a special tax within each of Area A and Area B to be levied in
accordance with the respective formula for such improvement area heretofore approved by this
City Council by its resolution adopted this date entitled "A Resolution of the City Council of
the City of Huntington Beach of Formation of Improvement Area A and Improvement Area B
of the City of Huntington Beach Community Facilities District No. 2002-1 (McDonnell Centre
Business Park)," and the approval of an appropriations limit for each of Area A and Area B of
not to exceed$13,000,000 pursuant to said resolution.
Section 2. Pursuant to the canvass of the special election on file with the City Clerk, the
issues presented at the special election with respect to Area A were approved by the qualified
elector of Area A by more than two-thirds of the votes cast at the special election regarding
Area A, and the issues presented at the special election with respect to Area B were approved
by the qualified elector of Area B by more than two-thirds of the votes cast at the special
election regarding Area B.
Res.No.2002-41
Section 3. Pursuant to such voter approval, Area A is hereby declared to be fully
formed with the authority to incur bonded indebtedness and to levy special taxes as heretofore
provided in these proceedings and in the Law, and Area B is hereby declared to be fully formed
with the authority to incur bonded indebtedness and to levy special taxes as heretofore
provided in these proceedings and in the Law.
Section 4. It is hereby found that all prior proceedings and actions taken by this City
Council with respect to each of Area A and Area B were valid and in conformity with the Law.
Section 5. The City Clerk is hereby directed to execute and cause to be recorded in the
office of the County Recorder of the County of Orange a notice of special tax lien for Area A
and Area B in the form required by the Act, said recording to occur no later than fifteen days
following adoption by the City Council of this Resolution.
Section 6. This Resolution shall take effect upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 3rd day of .Tune 2002.
44 A-A
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk C 4,d a City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED.
A W � 4,0
_ G
City A istrator Director of EconoKic Development
08003.07:J6156
4/19/02
Res.No.2002-41
Ex.A
EXHIBIT A
CANVASS AND STATEMENT OF RESULT OF ELECTION
CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2002-1
(MCDONNELL CENTRE BUSINESS PARK)
I hereby certify that on June 3, 2002, I canvassed the returns of the special elections held
on June 3, 2002, in Improvement Areas A and B of the City of Huntington Beach Community
Facilities District No. 2002-1 (McDonnell Centre Business Park) and the total number of ballots
cast in said election and the total number of votes cast for and against the respective ballot
measures are as follows and the totals as shown for and against the measure are full, true and
correct:
Qualified
Landowner Votes
Votes Cast YES NO
Improvement Area A of the City of
Huntington Beach Community
Facilities District No. 2002-1
(McDonnell Centre Business Park) .41 41 41 0
Special Tax and Bond Election June 3,
2002.
BALLOT MEASURE A: Shall the City of Huntington Beach incur an indebtedness and
issue bonds in one or more series in the maximum aggregate principal amount of $13,000,000,
with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the
time of sale of such bonds on behalf of Improvement Area A of the City of Huntington Beach
Community Facilities District No. 2002-1 (McDonnell Centre Business Park) ("Area A"), the
proceeds of which will be used only to finance the costs of improvements specified in the
Resolution of Intention to form Area A and the costs of issuing the bonds as well as the
establishment of a bond reserve fund; shall a special tax payable solely from lands within Area
A be levied annually upon Iands within Area A to be applied only to the payment of the
principal and interest upon such bonds to be issued and to replenish the reserve fund for the
bonds and to pay the costs of the City in administering Area A; and shall the annual
appropriations limit of Area A be established in the amount of$13,000,000?
Qualified
Landowner Votes
Votes Cast YES NO
Improvement Area B of the City of
Huntington Beach Community
Facilities District No. 2002-1
(McDonnell Centre Business Park) 49 49 49 0
Special Tax and Bond Election June 3,
Res.No.2002-41
Ex.A
2002.
BALLOT MEASURE B: Shall the City of Huntington Beach incur an indebtedness and
issue bonds in one or more series in the maximum aggregate principal amount of $13,000,000,
with interest at a rate or rates not to exceed the maximum interest rate permitted by Iaw at the
time of sale of such bonds on behalf of Improvement Area B of the City of Huntington Beach
Community Facilities District No. 2002-1 (McDonnell Centre Business Park) ("Area B"), the
proceeds of which will be used only to finance the costs of improvements specified in the
Resolution of Intention to form Area B and the costs of issuing the bonds as well as the
establishment of a bond reserve fund; shall a special tax payable solely from lands within Area
B be levied annually upon lands within Area B to be applied only to the payment of the
principal and interest upon such bonds to be issued and to replenish the reserve fund for the
bonds and to pay the costs of the City in administering Area B; and shall the annual
appropriations limit of Area B be established in the amount of$13,000,000?
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 3'v"day
2002
By: �GG�
City Clerk,
City of Huntington Beac
-4-
Res. No. 2002-41
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 3rd
day of June, 2002 by the following vote:
AYES: Green, Dettloff, Boardman, Cook, Winchell, Bauer
NOES: None
ABSENT: Houchen (out of room)
ABSTAIN: None
City Clerk and ex•officio G erk of the
City Council of the City of
Huntington Beach, California