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HomeMy WebLinkAboutCity Council - 2004-69 RESOLUTION NO. 2004-69 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING NECESSITY FOR PROPOSED CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 2004-1 (THE STRAND) TO INCUR A BONDED INDEBTEDNESS WHEREAS, pursuant to Chapter 3.56 (commencing with Section 3.56.010) of the Municipal Code of the City of Huntington Beach and Section 53321 of the California Government Code, the City Council (the "City Council") of the City of Huntington Beach (the "City") has adopted a resolution of intention to establish proposed City of Huntington Beach Community Facilities District No- 2004-1 (The Strand) of the County of Orange, State of California, for the purpose of providing and financing public facilities which are necessary to meet increased demands placed upon the City as a result of development which will occur within said proposed community facilities district; and WHEREAS,the City Council desires to issue bonds of the proposed community facilities district, the proceeds of which will be used for purposes of construction, acquisition, furnishing and equipping of public facilities; and WHEREAS, the City Council has determined that it is necessary for said proposed community facilities district to incur a bonded indebtedness to construct, acquire, furnish and equip the public facilities; and WHEREAS, the repayment of the bonds are to be secured by special taxes levied on all property in the proposed community facilities district. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach,the following: Section 1. Bonded Indebtedness. The City Council of the City of Huntington Beach declares that it is necessary that a bonded indebtedness be incurred by and for the proposed City of Huntington Beach Community Facilities District No. 2004-1 (The Strand), County of Orange, State of California, in an amount not to exceed $15,000,000.00 for the purpose of financing the design, acquisition, construction, equipping and furnishing of the public facilities described in the resolution of intention with respect to the establishment of said community facilities district heretofore adopted by the City Council. Section 2. Costs Included. The amount of the proposed indebtedness shall include all costs and estimated costs incidental to, or connected with, the accomplishment of the purposes for which the proposed bonded indebtedness is to be incurred, including, but not limited to, the estimated costs of construction, acquisition, equipping and furnishing of the public facilities which are proposed to be provided within and for the proposed community facilities district, acquisition of land and rights of way, satisfaction of contractual obligations relating to expenses or the advancement of funds for expenses existing at the time the bonds are issued, architectural, engineering, inspection, legal, appraisal, fiscal and financial consultant fees, bond and other G-Wuivihi[Wis6Redevelopment Agencylstrand-RcsoNecessity.DOC 2 1 Resolution No. 2004-69 reserve funds, discount fees, interest on any bonds of the proposed community facilities district due and payable prior to the expiration of one year from the date of completion of the construction, acquisition, equipping and furnishing of the public facilities, not to exceed two years, election costs, and all costs of issuance of the bonds, including, but not limited to fees for bond counsel, costs of obtaining credit ratings, bond insurance premiums, fees for letters of credit, and other credit enhancement costs, and printing costs. Section 3. Pa ent of Bonded Indebtedness. All non-exempt parcels of property within the proposed community facilities district shall be subject to the levy of special taxes to pay the principal of and interest on the bonds thereof which may be issued and sold to finance the design and construction of public facilities described in the Resolution of Intention. The tax is to be apportioned in accordance with the formula set forth in Exhibit "B" to the Resolution of Intention. Section 4. Hearing. A public hearing on the proposed bonded indebtedness for said proposed community facilities district shall be held at 7:00 p.m. on September 20, 2004, in the City Council Chamber at 2000 Main Street, Huntington Beach, California. Said hearing shall be conducted concurrently with the hearing on the establishment of said proposed community facilities district. Section 5. Notice. The City Clerk shall publish a notice of the time and place of said hearing pursuant to Section 53346 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 or owner of leasehold interest in land within the proposed community facilities district. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of August , 2004. Mayor ATTEST: APPROVED AS TO FORM: lire) city Clerk - ty Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED /,' Aa 6 O�! >ty Adihinistrator Di Tor o nomic Develop nt x'_ Director of ublic Works G:NulvihillWiscaedevelopment AgencylStrand-ResoNecessity.DOC 2 2 Resolution No. 2004-69 STATE OF CALIFORNIA } COUNTY OF ORANGE ) ss. CITY OF HUNTINGTON ) BEACH } I, ,roan L. Flynn , City Clerk of the City of Huntington Beach, hereby certify this to be a true and correct copy of Resolution Number 2004-69 Witness my hand and the seal of the City of Huntington Beach this 16th day of August , 2004 City C1 G:Wu1vihi11\Misc\Redevelopment Agency%Strand-ResoNecessity.DOC 2 3 Res. No. 2004-69 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly appointed, 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 16th day of August, 2004 by the following vote: AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen NOES: None ABSENT: Hardy ABSTAIN: None CO Clerk and ex-offici lerk of the City Council of the City of Huntington Beach, California