HomeMy WebLinkAboutCity Council - 2003-3 RESOLUTION NO. 2003--3
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH WITH RESPECT TO ESTABLISHMENT OF PROPOSED CITY
OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 2003-1
(HUNTINGTON CENTER)
WHEREAS, the City Council (the "City Council") of the City of Huntington Beach
may, by its own initiative, institute proceedings for the establishment of a community
facilities district pursuant to Chapter 3.56 (commencing with Section 3.56.010) of the
Municipal Code of the City of Huntington Beach and Chapter 2.5 (commencing with
Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code,
commonly known as the "Mello-Roos Community Facilities Act of 1982," for the
purposes of constructing and financing through the sale of bonds the construction,
acquisition, furnishing and equipping of public facilities which are necessary to meet
increased demands placed upon the City as a result of the development of said real
property; and
The City Council desires to issue bonds of the proposed community facilities
district, the proceeds of which will be used to pay the cost of acquisition, construction,
furnishing and equipping of public facilities; and
The bonds will be repaid from special taxes to be levied
on the real prope
rty
within the proposed community facilities district, as more fully described herein;
NOW, THEREFORE, the City Council of the City of Huntington Beach does
hereby resolve as follows:
Section 1. Findings. The City Council finds that the foregoing recitals are true
and correct.
Section 2. Proposed District. A community facilities district is proposed to be
established under the terms of Chapter 3.56 (commencing with Section 3.56.010) of the
Municipal Code of the City of Huntington Beach and Chapter 2.5 (commencing with
Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code,
commonly known as the "Mello-Roos Community Facilities Act of 1982" The name
proposed for the community facilities district is "City of Huntington Beach Community
Facilities District No. 2003-1 (Huntington Center) County of Orange, State of California."
Section 3. Description and Map of Boundaries. The boundaries of the proposed
community facilities district, are described in Exhibit "A" attached hereto, and are also
shown on the map entitled "Proposed Boundaries of City of Huntington Beach
Community Facilities District No. 2003-1 (Huntington Center) County of Orange, State
of California," which is on file with the City Clerk. Said map is approved and, pursuant
to Section 3110 of the California Streets and Highways Code, the City Clerk shall, after
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conforming with the other requirements of Section 3111 of said Code, file the original of
said map in her office, and not later than 10 days prior to the date of the public hearing
set forth in Section S hereof shall record a copy of said boundary map with the County
Recorder of the County of Orange.
Section 4. Types of Facilities; Incidental Expenses; Maintenance.
(1) The types of public facilities proposed to be provided within and financed by
the proposed community facilities district are:
(a) Street improvements including costs of condemnation, removal,
demolition, grading, paving, curbs and gutters, sidewalks, street lights and parkway and
landscaping related thereto.
(b) Storm drains, drainage storage ponds and drainage channels
including landscaping, if applicable.
(c) Sewers, sewer treatment facilities and sewer capacity acquisition.
(d) Public parking facilities including a parking structure.
(e) Water distribution facilities, including fire hydrants and reclaimed water
and water storage facilities.
(f) Street signalization and signage, including traffic fees.
(g) Fire facilities including structures and capital equipment.
(h) Acquisition of land, rights-of-way and easements necessary for any of
the facilities specified in paragraphs (a) through (g) above.
(i) The incidental expenses which will be incurred are: (i) the cost of
engineering, planning and designing such facilities and the cost of environmental
evaluations thereof, (ii) all costs associated with the creation of the proposed community
facilities district, issuance of the bonds thereof, the determination of the amount of and
collection of taxes, the payment of taxes, and costs otherwise incurred in order to carry
out the authorized purposes of the community facilities district, and (iii) any other
expenses incidental to the construction, acquisition, completion, and inspection of such
facilities.
(2) The proposed community facilities district shall also pay for maintenance
of, and the provisions of repair and replacement reserves for, any of the publicly owned
facilities listed in clause (1) of this Section 4.
Section 5. Special Taxes. Except where funds are otherwise available, special
taxes sufficient to pay for all such facilities, to pay the principal of and interest on the
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bonds of the proposed community facilities district and the annual administrative
expenses of the City and the proposed community facilities district in determining,
apportioning, levying and collecting such special taxes, and in paying the principal of
and interest on such bonds, and the costs of registering, exchanging and transferring
such bonds, secured by the recordation of a continuing lien against all taxable or
nonexempt property in the proposed community facilities district, and maintaining a
reserve fund for such bonds, and paying any amounts that must be paid to the United
States in order to preserve the tax-exempt status of such bonds shall be annually levied
within the proposed community facilities district. Additionally, there shall be levied
special taxes sufficient to pay for the maintenance, repair and replacement of such
public facilities. The rates and method of apportionment of said special taxes shall be as
set forth in Exhibit "B° attached hereto and by this reference made a part hereof.
Section 6. Exempt Properties. Pursuant to Section 53340 of the California
Government Code, properties of entities of the state, federal, and local governments
shall be exempt from the levy of special taxes for the payment of the principal of and
interest on the bonds of the proposed community facilities district.
Section 7. Necessi . The City Council finds that the proposed public facilities
described in Section 4 hereof are necessary to meet increased demands placed upon
the City as a result of new development occurring within the boundaries of the proposed
community facilities district.
Section 8. Hearing. A public hearing on the establishment of the proposed
community facilities district shall be held at 7:00 p.m. on February 3, 2003, in the City
Council Chambers at the City Hall, 2000 Main Street, Huntington Beach, California.
Section 9. Notice. The City Clerk shall publish a notice of the time and place of
said hearing as required by Section 53322 of the California Government Code, and
shall also give notice of the time and place of said hearing by first-class mail to each
registered voter and to each landowner within the proposed community facilities district
as prescribed by Section 53322.4 of said Code. Said notice shall be published at least
seven (7) days and mailed at least 10 days before the date of the hearing, and shall
contain the information required by said Section 53322.
Section 10. Reports. The officers of the City who will be responsible for
providing the proposed types of public facilities to be provided within and financed by
the proposed community facilities district, if it is established, shall study the proposed
district, and, at or before the time of said hearing, file a report with the City Council
containing a brief description of the public facilities by type which will in their opinion be
required to adequately meet the needs of the proposed community facilities district and
their estimate of the fair and reasonable cost of providing those public facilities and the
incidental expenses to be incurred in connection therewith. All such reports shall be
made a part of the record of the hearing to be held pursuant to Section 8 hereof.
Section 11. Annexation of Territo . Other property within the boundaries of the
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City may be annexed into the Community Facilities District upon the condition that
parcels within that territory may be annexed only with the unanimous approval of the
owner or owners of each parcel at the time that parcel or those parcels are annexed.
Section 12. Repayment of Funds Advanced or Work-in-Kind. Pursuant to
Section 53314.9 of the California Government Code, the City Council proposes to
accept advances of funds or work-in-kind from private persons or private entities and to
provide, by resolution for the use of those funds or that work-in-kind, for any authorized
purpose, including, but not limited to, paying any costs incurred by the City in creating
the community facilities district and to enter into an agreement by resolution, with the
person or entity advancing funds or work-in-kind to repay funds advanced, or to
reimburse the person or entity for the value or cost, whichever is less, of the work-in-
kind, as determined by the City Council.
Section 13. Description of Voting Procedures. The voting procedures to be
followed in conducting the consolidated special elections on (i) the proposition of the
proposed community facilities district incurring a bonded indebtedness in an amount not
to exceed $30,000,000 (ii) the proposition with respect to the levy of special taxes on
the land within the community facilities district to pay the principal of and interest on the
bonds thereof and the maintenance, repair and replacement of the public facilities, and
(iii) the proposition with respect to the establishment of an appropriations limit for the
community facilities district in the amount of$4,000,000, if the community facilities
district is established and such consolidated special elections (the "consolidated special
elections") are held, shall be as follows:
(a) If at least 12 persons have been registered to vote within the territory
of the proposed community facilities district for each of the 90 days preceding the close
of the public or protest hearing (the "protest hearing"), the vote in the consolidated
special elections shall be by the registered voters of the community facilities district with
each voter having one vote. In that event, the consolidated special elections shall be
conducted by the City Clerk, and shall be held on a date selected by the City Council in
conformance with the provisions of Section 53326 of the California Government Code
and pursuant to the provisions of the California Elections Code governing elections of
cities, insofar as they may be applicable, and pursuant to said Section 53326 the ballots
for the consolidated special elections shall be distributed to the qualified electors of the
community facilities district by mail with return postage prepaid or by personal service,
and the consolidated special elections shall be conducted as a mall ballot election.
(b) If 12 persons have not been registered to vote within the territory of
the community facilities district for each of the 90 days preceding the close of the
protest hearing, and pursuant to Section 53326 of the California Government Code, the
vote is therefore to be by the landowners or owners of the leasehold interest in the land
(as defined in Section 3.56.070 of the Municipal Code of the City of Huntington Beach)
of the community facilities district, with each landowner or leaseholder of record at the
close of the protest hearing having one vote for each acre or portion of an acre of land
that he or she owns within the community facilities district, the consolidated special
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elections shall be conducted by the City Clerk pursuant to the Municipal Code of the
City of Huntington Beach and Section 53326 of the California Government Code.
Section 14. Tender of Bonds. This City Council hereby reserves the right, on
behalf of the proposed community facilities district to accept tenders of bonds in full or
partial payment of special taxes to be levied within the proposed community facilities
district pursuant to Section 3.56.320 of the Municipal Code of the City of Huntington
Beach.
The procedures for conducting the consolidated special elections, if they are
held, may be determined as the City Council may determine to be necessary or
desirable by a resolution subsequently adopted by the City Council.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at
a regular meeting thereof held on the 6th day of January, 2003.
Mayor
ATTEST: APPROVED AS TO FORM:
�_ _/d.-a' tL -
City Clerk ttorney
REVIEWED AND APPROVED: INITIATED AND APPROVED
t �
City AcIf inistrator Director of Economic Development
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EXHIBIT A
LEGAL DESCRIPTION
CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO.2000-1
(HUNTINGTON CENTER)
COUNTY OF ORANGE
City of Huntington Beach Community Facilities District No. 2003-1 (Huntington Center),
County of Orange, State of California, includes the land situated in the State of
California, County of Orange, City of Huntington Beach, described as follows:
Parcels 2 though 9 as shown on Parcel Map No. 86-200 filed in Book 255, pages
40-45, of Parcel Maps in the Office of the County Recorder of Orange County,
California.
(Map Attached)
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PROPOSED BOUNDARIES OF C` A�T THE
THE CITY OF HUNTINGTON BEACH CITY OBIMINREQUESTGF THE
F FGT ON BEAD,
COMMUNITY FACILITIES DISTRICT nATE
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No. 2003-1 eooKINM M7df K _
BOOK PAGE
(HUNTINGTON CENTER) VIL! p °aYOF AT THE FID,Nx OF__a0.00K_.
MAPS
COUNTY OF ORANGE —FAA��OF
ASSESSMENT AN0 CQAIMLINITY FACR,nES
DISTRICTS.IN THE OFFICE OF THE COUNTY
STATE OF CALIFORNIA STATE OF CAUFOE COLIJTY OF ORANGE,
STATE OF CIW FORW0.
. _ MARLENEA ILDOM
- INTEWM COUNTY CT.ERKMECORDER .
— j � DEPUTY
544- fil
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J9` FILED IN THE OFFICE OF THE CITY CLERK f't
OF THE CYTY OF HUNTINGTON BEACH THIS 1�C
OAY OF ,2000.
�y hry� I ` J
C ONNIE BROCICWAY.THE CITY CLERK OF
THE CITY OF HUMTINGTON 86010i CD
I HFREBY CERTIFY THAT THE WITHIN MAP
AL-256,95 _ SHOWING THE BOUNDARIES OF THE CITY
OELTA�50'S8'�6 I OF HJNTLNGTCN BEACH COMMUNITY TAN:?ZS04 ,Y FAGLITkE3 DISTRICT NO.Apl,
I 35 I (HUNTINGTON CENTER COUNTY OF J
/ Fwwa ORANGE,STATE OF CAIFORNUS WAS s
APPROVED BYTHE CITY COUNCIL OF THE
/r CITY CF HUNnNGTON BEACH AT A fi
NB 3xw REGULAR MEETI THEREOF HELD ON
THE—DAY OFNG .2W3 BY YTS Q Q
plL RESOLLTT,ON NO. • Q r J
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OISTPotT NQ 2903r1. I I ANTE-RUNE EOINGER AVE.BEING Fffi9'29'30Y! -
I PER PARCEL MAP NO.E6-2 W
i I FILED IN BOOK 25S.PAGES l0•45
,OF PARCEL MAPS IN THE OFFICE
OF THE COUNTY RECORDER OF ORANGE COUNTY,CAIIFOP.NIA
- = I LOCATION NEAP
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PARCELS 2 TFROW Hl9 AS SHOWN ON PARCEL NAP NO.8&200
FILED IN BOOK M PAGES A0445,OF PARCEL MAPS BY THE FFI OCE
OF THE OOUNT COUNTY.Y RECORDER OF ORANGE CALWORMA
SHEET 1 OF 1
EXHIBIT B
CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2003-1
(HUNTINGTON CENTER)
RATE AND METHOD OF APPORTIONMENT OF
THE SPECIAL TAX
(Attached)
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CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2003-1
(HUNTINGTON CENTER)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax applicable to each Assessor's Parcel of Taxable Property in the City of
Huntington Beach Community Facilities District No. 2003-1 (Huntington Center) (herein
CFD No. 2003-1) shall be levied and collected according to the tax liability determined
by the Administrator through the application of the procedures described below. The real
property in CFD No. 2003-1, unless exempted by law or by the provisions hereof, shall
be taxed for the purposes, to the extent, and in the manner herein provided.
A. DEFINITIONS
The capitalized terms hereinafter set forth have the following meanings when used in this
Rate and Method of Apportionment:
Acre or Acreage means the land area of an Assessor's Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area
shown on the applicable final map, parcel map, or the other parcel map recorded with the
County Recorder. If the Acreage of a particular Parcel is unclear after reference to
available maps, the Administrator shall determine the appropriate Acreage for a Parcel.
Act means Chapter 3.56 (commencing with Section 3.56.010) of the Municipal Code of
the City of Huntington Beach and, as applicable, the Mello-Roos Community Facilities
Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311), Part 1,
Division 2, of Title 5 of the Government Code of the State of California.
Administrative Expenses means any or all. of the following actual or reasonably
estimated costs directly related to the administration of CFD No. 2003-1: the fees and
expenses of any Fiscal Agent or trustee (including any fees and expenses of its counsel)
employed in connection with any Bonds; any costs associated with the marketing or
remarketing of the Bonds; the expenses of the Administrator and the City in carrying out
their duties under any Indenture or resolution with respect to the Bonds, including, but
not limited to, the levy and collection of the Special Tax, the fees and expenses of legal
counsel, charges levied by the County or any division or office thereof in connection with
the levy and collection of Special Taxes, audits, continuing disclosure or other amounts
needed to pay arbitrage rebate to the federal government with respect to Bonds; costs
associated with complying with continuing disclosure requirements; costs associated with
responding to public inquiries regarding Special Tax levies and appeals; attorneys' fees
and other costs associated with commencement or pursuit of foreclosure for delinquent
Special Taxes; and all other costs and expenses of City, the Administrator, the County,
and any Fiscal Agent, escrow agent or trustee related to the administration of CFD No.
2003-1.
Administrator means the Director of Economic Development or such other person or
entity designated by the City Administrative Officer or the City Council to administer the
Special Tax according to this Rate and Method of Apportionment of Special Tax.
Assessor's Parcel or Parcel means a lot, parcel or airspace parcel shown on an
Assessor's Parcel Map with an assigned Assessor's Parcel number.
Assessor's Parcel Map means an official map of the Assessor of the County designating
Parcels by Assessor's Parcel number.
Bonds mean any bonds or other debt (as defined in Section 53317(d) of the Act), whether
in one or more series, issued by the City for CFD No. 2003-1 under the Act.
City means the City of Huntington Beach.
City Council means the City Council of the City of Huntington Beach, acting as the
legislative body of CFD No. 2003-1.
County means the County of Orange.
Development Agreement means the Owner Participation Agreement(OPA) between the
Redevelopment Agency of the City of Huntington Beach and Huntington Center
Associates, LLC, dated October 2, 2000.
Exempt Land means (1) any real property within the boundaries of CFD No. 2003-1
which generally serves the development subject to the Development Agreement and is
owned by a governmental agency for public right-of-way purposes including, but not
limited to parking structures, streets, public walkway corridors, and slopes as determined
in each Fiscal Year by the Administrator or (2) any Assessor's Parcel for which the
Special Tax has been paid in full.
Fiscal Agent means the fiscal agent who is.a party to the Indenture, if so approved.
Fiscal Year means the period commencing on July 1 and ending on the following June
30, in any year in which the Bonds are outstanding.
Indenture means the indenture, fiscal agent agreement, resolution or other instrument
approved pursuant to the Resolution of Issuance and pursuant to which Bonds are issued,
as modified, amended and/or supplemented from time to time, and any instrument
replacing or supplementing the same.
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Maximum Special Tax means, with respect to any Parcel of Taxable Property, the
maximum Special Tax, determined in accordance with Section C, that can be levied in
any Fiscal Year on such Parcel. Maximum Special Tax shall not include the amounts
payable under the Parking Structure Maintenance Special Tax.
.Outstanding Bonds means all Bonds that are then outstanding under the Indenture.
Parking Structure Maintenance Special Tax means the portion of the Special Tax to
be levied in an amount equal to the amount required in any Fiscal Year for CFD No.
2003-1 necessary to pay all actual, documented maintenance costs, management fees and
other operating expenses of the parking structure being financed by a portion of the Bond
proceeds to the extent such costs, fees and operating expenses exceed revenues generated
by such parking structure. The calculation and inclusion or exclusion of particular items
of expense or income into such costs, fees, expenses and revenues shall be subject to and
limited by the provisions of the following documents,which documents shall be in the
form approved by the City Council in connection the issuance of the Bonds, and which
documents,upon such approval, shall be deemed to be incorporated herein by this
reference: (i) any covenants, conditions or restrictions encumbering such parking
structure and/or the real property upon which it is to be constructed as of the date of
issuance of the Bonds, (ii) the initial parking management agreement governing the
operation and maintenance of such parking structure(the provisions of such initial
parking management agreement to govern the determination of the Parking Structure
Maintenance Special Tax for so long as the Special Tax lien remains in effect,
notwithstanding any earlier expiration or terrnination of such agreement), and(iii) any
amendments to the foregoing covenants, conditions or restrictions or agreements.
Reserve Fund means the fund of that name created under the Indenture.
Resolution of Issuance means the resolution adopted by the City Council of the City,
acting as the legislative body of CFD No. 2003-1, authorizing the issuance of the Bonds
in accordance with the Act.
Special Tax means the special tax to be levied pursuant to the Act and this Rate and
Method of Apportionment of Special Tax in each Fiscal Year on Taxable Property within
CFD No. 2003-1.
Special Tax Requirement means the amount required in any Fiscal Year for CFD No.
2003-1 necessary: (i) to pay the annual scheduled debt service on the Outstanding Bonds
due in the calendar year which commences in such Fiscal Year, (ii) to pay any amounts
required to establish or replenish the Reserve Fund for all Outstanding Bonds, (iii) to pay
Administrative Expenses, (iv) to pay costs of any credit enhancement (including fees and
expenses related to any letter of credit) for the Bonds, and less a credit for available funds
determined pursuant to the indenture, and (v) to pay the Parking Structure Maintenance
Special Tax.
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Taxable Property means all of the Assessor's Parcels within the boundaries of CFD No.
2003-1, which are not Exempt Land or exempt from the Special Tax pursuant to law,but
in no circumstance shall the total amount of Taxable Property be less than 40.63 acres.
Trustee means the trustee who is a party.to the Indenture, if so approved.
B. IDENTIFYING TAXABLE PROPERTY
Not less than fifteen business days prior to the beginning of each Fiscal Year, the
Administrator shall determine which Parcels in CFD No. 2003-1 are Taxable Property.
The Taxable Property shall be subject to Special Taxes in accordance with the rate and
method of apportionment described in Sections C and D below.
C. MAXIMUM SPECIAL TAX
The Maximum Special Tax for the Assessor's Parcels of Taxable Property in CFD No.
2003-1 shall be the greater of (1) $65,050 per Acre or (2) the amount determined
pursuant to the following steps:
Step 1: Determine the maximum annual debt service on all Outstanding
Bonds,
Step 2: Multiply the total debt service determined in Step 1 by 1.1 and add
the Administrative Expenses;
Step 3: Determine the Acreage of Taxable Property within the CFD No.
2003-1;
Step 4: Divide the amount from Step 2 by the Acreage from Step 3 to
determine the Maximum Special Tax per Acre of Taxable
Property.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2004-2005, and for each Fiscal Year thereafter, the City
Council shall levy the Special Tax proportionately on each Assessor's Parcel of Taxable
Property at up to 100% of the Maximum Special Tax, as determined by reference to
Section C, above, as needed to satisfy the Special Tax Requirement.
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E. LIMITATIONS
No Special Taxes shall be levied on any Parcel after such Parcel becomes Exempt Land.
The Special Tax may be levied and collected on Taxable Property commencing with
Fiscal Year 2004-2005, and for each Fiscal Year thereafter, and until the date on which
principal and interest on all Outstanding Bonds have been paid in full (or provision for
their payment has been made). Notwithstanding the foregoing, the Parking Structure
Maintenance Special Tax may be levied and collected until such time as the City and the
CFD No. 2003-01 have divested all remaining ownership interests in the parking
structure. Upon determination by the Administrator that such requirements have been
met, the Special Tax lien shall be removed from all Parcels in CFD No. 2003-1.
F. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary
ad valorem property taxes,provided, however,that the City on behalf of CFD No. 2003-1
may directly bill the special tax or any portion thereof, may collect special taxes or any
portion thereof at a different time or in a manner if necessary to meet its financial
obligations, and may covenant to foreclose and may actually foreclose on delinquent
Assessor's Parcels as permitted by the Act. Notwithstanding the foregoing, the Parking
Structure Maintenance Special Tax shall be directly billed in each instance and not billed.
with ad valorem property taxes.
G. APPEALS
The City Council shall establish as part of the proceedings and administration of CFD
No. 2003-1, a special three-member Review/Appeal Committee. The Review/Appeal
Committee shall interpret this Rate and Method of Apportionment and make
determinations relative to the annual administration of the Special Tax and any appeals,
as herein specified. The owner of any Taxable Property within CFD No. 2003-1 claiming
that the amount or application of the Special Tax is not correct may file a written notice
of appeal with the Review/Appeal Committee not later than one calendar year after
having paid the Special Tax that is disputed. The Review/Appeal Committee shall
promptly review the appeal, and if necessary, meet with the owner, consider written and
oral evidence regarding the amount of the Special Tax, and resolve the appeal. If the
Review/Appeal Committee's decision requires the Special Tax to be modified or changed
in favor of the owner, a cash refund shall not be made (except for the last year of the
levy), but an adjustment shall be made to the next Special Tax levy. This procedure shall
be exclusive and its exhaustion by any owner shall be a condition precedent to any legal
action by such owner.
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H. PREPAYMENT OF SPECIAL TAX
The following definitions apply solely to this Section H:
Amount of Current .Special Taxes Paid means the amount of the Special Tax levied
against the subject Assessor's Parcel that was paid to the County or the City by the owner
of the subject Assessor's Parcel and would be applied to debt service payments on the
Redemption Date and the Interest Payment Date immediately following the Redemption
Date.
Outstanding Bonds means all Bonds that are deemed to be outstanding under the
Indenture the day immediately preceding the next Interest Payment Date.
Redemption Date means the Interest Payment Date on which Bonds are proposed to be
redeemed from the prepayments of the Special Tax.
1. Prepayment in Full
The Special Tax obligation applicable to such Assessor's Parcel may be fully prepaid and
the obligation of such Assessor's Parcel to pay the Special Tax permanently satisfied as
described herein. The owner intending to prepay the Special Tax obligation on one or
more Assessor's Parcel(s) shall provide the Administrator with written notice of intent to
prepay. It shall be a condition precedent to prepayment that the Iowner intending to
prepay the Special Tax must pay to the County all past due Special Tax on the Assessor's
Parcel to be prepaid and provide proof of payment to the Administrator. Promptly
following receipt of such notice, the Administrator shall notify the owner of such
Assessor's Parcel(s) of the prepayment amount of such Assessor's Parcel(s). The
Administrator may charge a reasonable fee for providing this figure. Prepayment must be
made not less than 90 days prior to the next occurring date that Bonds may be redeemed
from the proceeds of such prepayment pursuant to the Indenture.
The Prepayment Amount (defined below) shall be calculated as summarized below
(capitalized terms as defined above or below):
Bond Redemption Amount
Plus Redemption Premium
Plus Defeasance Amount
Plus Administrative Fees and Expenses
Less Reserve Fund Credit
Less Amount of Current Special Taxes Paid
Total: Equals Prepayment Amount
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As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be
calculated as follows:
Paragraph No.
J. For Assessor's Parcels of Taxable Property intended to be prepaid, compute the
Maximum Special Tax for such Assessor's Parcels for the current Fiscal Year.
2. Divide the Maximum Special Tax computed pursuant to Paragraph 1 by the total
Maximum Special Tax of all Assessor's Parcels of Taxable Property for the
current Fiscal Year.
3. Multiply the quotient computed pursuant to Paragraph 2 by the Outstanding
Bonds as defined in this Section G to compute the amount of Outstanding Bonds
to be retired and prepaid, and round the result up to the nearest multiple of$5,000
(the Bond Redemption Amount).
4. Multiply the Bond Redemption Amount less the par amount of Bonds scheduled
to mature on the Redemption Date by the applicable redemption premium (the
Redemption Premium).
5. Compute the amount needed to pay interest on the Bond Redemption Amount
from the Interest Payment Date immediately preceding the Redemption Date to
the Redemption Date.
6. Compute the amount the Administrator reasonably expects to derive from the
reinvestment of the Prepayment Amount from the date of prepayment until the
redemption date for the Outstanding Bonds to be redeemed with the prepayment.
7. Add the amounts computed pursuant to Paragraph 5 and subtract the amount
computed pursuant to Paragraph 6 (the Defeasance Amount).
8. Determine the administrative fees and expenses associated with the costs of
computation of the prepayment, the costs to invest the prepayment proceeds, the
costs of redeeming Bonds, and the costs of recording any notices to evidence the
prepayment and the redemption(the Administrative Fees and Expenses).
9. Determine the reserve fund credit (the Reserve Fund Credit) which shall equal
the lesser of: (a) the expected reduction in the Reserve Requirement (as defined
in the Indenture), if any, associated with the redemption of Outstanding Bonds as
a result of the prepayment, or (b) the amount derived by subtracting the new
Reserve Requirement (as defined in the Indenture) in effect after the redemption
of Outstanding Bonds as a result of the prepayment from the balance in the
reserve fund on the prepayment date, but in no event shall such amount be less
than zero.
10. The Special Tax prepayment is equal to the sum of the amounts computed
pursuant to Paragraphs 3, 4, 7 and 8, less (i) the amounts computed pursuant to
Paragraph 9 and (ii) the Amount of Current Special Taxes Paid (the Prepayment
Amount).
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11. From the Prepayment Amount, the amounts computed pursuant to Paragraphs 3,
4, 7 (if greater than zero), and 9 shall be deposited into the appropriate fund as
established under the Indenture and be used to redeem Outstanding Bonds or
make debt service payments (as appropriate). The amount computed pursuant to
Paragraph 8 shall be retained by the Administrator.
With respect to any Assessor's Parcel that is prepaid, the City Council shall (i) cause a
suitable notice to be recorded in compliance with the Act, to indicate the prepayment of
the Special Tax and the release of the Special Tax lien on such Assessor's Parcel, (ii)
notify the County that the Special Tax, if any, remaining on the secured tax roll for the
Assessor's Parcel has been satisfied and that the County should remove such amounts
from the secured tax roll, and (iii) refund the owner for any Special Tax payments made
on the Assessor's Parcel after the date of prepayment. From and after the prepayment,
the obligation of such Assessor's Parcel to pay the Special Tax shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the
amount of the Maximum Special Tax that may be levied on Taxable Property within CFl7
No. 2003-1 after the proposed prepayment is at least 1.1 times the maximum annual debt
service on all Outstanding Bonds.
2. Prepayment in Part
The Maximum Special Tax on an Assessor's Parcel of Taxable Property may be partially ;
prepaid. The amount of the prepayment shall be calculated as in Section H.1, except that
a partial prepayment shall be calculated according to the following formula:
PP=(PHxF) + G
Where these terms are defined as follows:
PP = the partial prepayment
PH= the Prepayment Amount calculated according to Section H.1, minus the amounts
determined in Paragraph No. 8 of Section H.1.
F = the percent by which the owner of an Assessor's Parcel(s) is partially prepaying
the Maximum Special Tax:
G = the amounts determined in Paragraph No. 8 of Section H.1.
The owner of an Assessor's Parcel who desires to partially prepay the Maximum Special
Tax shall notify the Administrator of (i) such owner's intent to partially prepay the
Maximum Special Tax, and(ii) the percentage by which the Maximum Special Tax shall
be prepaid. The Administrator shall promptly provide the owner with a statement of the
amount required for the partial prepayment of the Maximum Special Tax for an
Assessor's Parcel following receipt of the request.
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With respect to any Assessor's Parcel that is partially prepaid, CFD No. 2003-1 shall (i)
distribute the funds remitted to it according to Paragraph 11 of Section H.1, and (ii)
indicate in the records of CFD No. 2003-1 that there has been a partial prepayment of the
Maximum Special Tax and that a portion of the Maximum Special Tax equal to the
outstanding percentage (i.e., 100% - F) of the remaining Maximum Special Tax shall
continue to be authorized to be levied on such Assessor's Parcel pursuant to.Section D.
9
Res. No. 2003-3
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 an regular meeting thereof held on the
6t" day of January 2003 by the following vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk and ex-officio CfCrk of the
City Council of the City of
Huntington Beach, California