HomeMy WebLinkAboutCity Council - 2003-13 RESOLUTION NO. 2003-13
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. 2003-1
(HUNTINGTON CENTER) COUNTY OF ORANGE, STATE OF CALIFORNIA, ON THE
PROPOSITIONS WITH RESPECT TO (i) INCURRING BONDED INDEBTEDNESS IN
AN ORIGINAL AMOUNT NOT TO EXCEED $30,000,000, (ii) THE ANNUAL LEVY OF
SPECIAL TAXES TO PAY PRINCIPAL AND INTEREST ON BONDS, AND (iii) THE
ESTABLISHMENT OF AN APPROPRIATIONS LIMIT AND AUTHORIZING THE
RECORDATION OF THE NOTICE OF SPECIAL TAX LIEN
WHEREAS, on January 6, 2003, the City Council (the "City Council") of the City
of Huntington Beach (the "City") adopted a Resolution determining the necessity for City
of Huntington Beach Community Facilities District No. 2003-1 (Huntington Center)
County of Orange, State of California (the "Community Facilities District"), to incur a
bonded indebtedness in an original aggregate principal amount not to exceed
$30,000,000 and calling a special election on the proposition of incurring such a bonded
indebtedness for February 3, 2003, 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, together with the maintenance, repair and replacement of public
facilities, and the establishment of an appropriations limit for the Community Facilities
District; and
On January 6, 2003, the City Council also adopted a resolution calling a special
a election (the "Election Resolution") for February 3, 2003, 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
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The City Council has received a statement from the City Clerk (the "City Clerk"),
who pursuant to the Election Resolution 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, the City Council of the City of Huntington Beach does
hereby resolve, determine and order as follows:
Section 1. Findings. The City Council finds that:
(i) there were no persons registered to vote within the boundaries of the
Community Facilities District at the time of the close of the protest hearing on February
3, 2003, 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 owning land 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 owned within
the Community Facilities District which would have been subject to the special tax if
levied at the time of the consolidated special elections;
(ii) pursuant to Section 53326 and the Election Resolution, the City Clerk
distributed the ballots for the consolidated special elections to Huntington center associates, LLC
the owner of all of the land included within the boundaries of the Community Facilities
District(the "Property Owner") by overnight mail with return postage prepaid;
(iii) the Property Owner 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 February 3, 2003;
(iv) the consolidated special elections have been properly conducted in
accordance with all statutory requirements and the provisions of the Election
Resolution;
(v) pursuant to Section 53326, the Property Owner, which owned
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approximately rA3,Wcres, was entitled to a total of 44 votes;
(vi) the ballot was returned to the City Clerk prior to 7.00 p.m. on February
3, 2003, by the Property Owner;
(vii) the ballot returned to the City Clerk by the Property Owner voted all
votes to which it was 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 original aggregate amount not to
exceed $30,000,000;
(x) the City may 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
(xi) an appropriations limit for the Community Facilities District has been
established in the amount of $4,000,000.
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 original aggregate amount not to exceed $30,000,000, 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 to pay for maintenance,
repair and replacement of public facilities; and the establishment of an appropriations
limit in the amount of$4,000,000 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
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Community Facilities District incur a bonded indebtedness in an original aggregate
amount not to exceed $30,000,000 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 an amount
sufficient to pay the principal of and interest on the bonds including funding a reserve
fund, and to pay for maintenance, repair and replacement of public facilities, at the
special tax rates and pursuant to the methodology for determining and apportioning
such special taxes which are set forth in Exhibit "A" to the Resolution of Formation
adopted by the City Council on February 3, 2003, and an appropriations limit has been
established for the Community Facilities District in the amount of$4,000,000.
Section 4. Notice of Special Tax Lien. The City Clerk shall record a notice of
special tax lien pursuant to Section 53328.3 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 3ra day of February 2003.
Mayor
ATTEST: APPROVED AS TO FORM:
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City Clerk L*ityttorn y
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REVIEWED AND APPROVED: INITIATED AND APPROVED
City Adffiinistrator Director of Economic Development
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Res. No. 2003-13
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-offcio 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 an regular meeting thereof held on the
3Ed day of February 2003 by the following vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk and ex. off Clerk of the
City Council of the City of
Huntington Beach, California