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HomeMy WebLinkAboutCity Council - 2004-77 RESOLUTION NO. 2004-77 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 2004-I (THE STRAND) PROPOSITIONS REGARDING INCURRENCE OF BONDED INDEBTEDNESS, THE ANNUAL LEVY OF SPECIAL TAXES WITHIN THE COMMUNITY FACILITIES DISTRICT TO PAY PRINCIPAL OF AND INTEREST ON BONDS THEREOF, AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT WHEREAS, pursuant to Section 53325.1 of the California Government Code and Chapter 3.56 of the Municipal Code of the City of Huntington Beach (the "Code") the City Council (the "City Council") of the City of Huntington Beach (the "City") has adopted the resolution of formation for the City of Huntington Beach Community Facilities District No. 2004-1 (The Strand), County of Orange, State of California (the "District"), establishing the District and the boundaries thereof(the "Resolution of Formation"); and WHEREAS, pursuant to Section 53351 of the California Government Code and the provisions of the Code, the City Council has also adopted a resolution determining that it is necessary that the District incur a bonded indebtedness in an original aggregate amount not to exceed $15,000,000 for the purposes of refinancing certain public facilities of the District; and WHEREAS, by that resolution, the City Council called special elections on the propositions to be submitted to the voters of the District with respect to the District incurring bonded indebtedness for the refinancing of such public facilities; and WHEREAS, pursuant to Section 53326 and 53350 of the California Government Code and the provisions of the Code, it is necessary that the City Council submit to the voters of the District the annual levy of special taxes on taxable property within the District to pay the principal of and interest on the bonds thereof and to fund the reserve fund, if such bonds are authorized and issued; and WHEREAS, pursuant to Section 53325.7 of the California Government Code and the provisiors of the Code, the City Council may also submit to the voters of the District a proposition for the establishment of an appropriations limit for the District; and WHEREAS, the City Clerk has advised the City Council that she has received a statement from the Registrar of Voters of the County of Orange that no persons are registered to vote in the territory of the District; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AS FOLLOWS: I RVPMKABl678703.3 Resolution No. 2004-77 Section 1. Findin s. The City Council finds that. (i) the foregoing recitals are true and correct; (ii) 12 persons have not been registered to vote within the territory of the District for each of the 90 days preceding the close of the public hearing on November 15, 2004; (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this resolution shall be by the landowners of the District whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within the District which would be subject to the proposed special taxes if they were levied at the time of the election; (iv) the sole owner of all of the Iand in the District has by written consent (a) waived the time limits set forth in Section 53326 of the California Government Code for holding the election called by this resolution and the election on the propositions of the District incurring bonded indebtedness, which pursuant to Section 4 hereof is consolidated with the election called hereby, (b) consented to the holding of the consolidated special elections on November 15, 2004, (c) waived notice and mailed notice of the time and date of the consolidated special elections, (d) waived an impartial analysis by the City Attorney of the ballot propositions pursuant to Section 9280 of the California Elections Code and arguments and rebuttals pursuant to Sections 9281 to 9287, inclusive, and 9295 of that Code, and mailing of a statement pursuant to Section 9401 of that Code, and (e) waived a synopsis of the measures to be included in the official ballot for said elections pursuant to Section 12111 of that Code; and (v) the City Clerk (the "City Clerk") has consented to the holding of the consolidated special elections on November 15, 2004. Section 2. Call of Election. The City Council hereby calls and schedules a special election for November 15, 2004, on the proposition of the annual levy of special taxes within the District for the payment of principal of and interest on the bonds of the District, and on the proposition of the establishment of an appropriations limit for the District. Section 3. Propositions. (a) The propositions to be submitted to the voters of the District at such special election shall be as follows: First Proposition: Shall a bonded indebtedness in an original aggregate principal amount not to exceed $15,000,000 be incurred by and for City of Huntington Beach Community Facilities District No. 2004-1 (The Strand), County of Orange, State of California (the "Community Facilities District"), for a maximum term of not more than 35 years and with interest at a rate or rates not to exceed the maximum interest rate permitted by law, for the purposes of providing; (1) The types of public facilities listed in the Resolution of Formation of the District adopted November 15, 2004, and (2) The incidental expenses which will be incurred are all costs associated with the creation of the Community Facilities District, issuance of the bonds thereof, the determination of the amount of and collection of taxes, and the payment of taxes, and costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District? Second Proposition: Shall special taxes be levied annually on taxable property within City of Huntington Beach Community Facilities District No. 2004-1 (The Strand), County of Orange, State of California (the "Community Facilities District"), to pay the principal of and 2 RVPUBIKA13I678703.3 c Resolution No. 2004-77 interest on the bonds of the Community Facilities District issued and sold to finance and refinance those purposes specified in Proposition A of this ballot, to establish and replenish the reserve fund for the bonds, or to accumulate funds for future bond payments, including any amount required by federal law to be rebated to the United States with regard to the bonds, and to pay expenses incidental thereto and to the levy and collection of the special taxes, so long as the special taxes are needed to pay the principal of and interest on the bonds and for such other purposes, together with the payment of, and the provisions of repair and replacement reserves for, maintenance of any of the publicly owned facilities financed with the proceeds of such bonds, at the special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit "A" to the Resolution of Formation adopted by the City Council of the City of Huntington Beach on November 15, 2004? Third Proposition: Shall an appropriations limit, as defined by subdivision (h) of Section ' 8 of Article XIII B of the California Constitution, be established for City of Huntington Beach Community Facilities District No. 2004-1 (The Strand), County of Orange, State of California, in the amount of$4,000,000? Section 4. Consolidation of Elections. The special election called hereby on the propositions to be submitted to the voters of the District, as set forth in Section 3 hereof, shall be consolidated with the special election on the proposition of the District incurring bonded indebtedness. The ballots for said consolidated elections shall be in the forms attached hereto as Exhibit "A." Section 5. Conduct of Election. Except as otherwise provided in Section 6 hereof, the consolidated special elections shall be conducted by the City Clerk in accordance with the provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as they may be applicable. Section 6. Election Procedures. The procedures to be followed in conducting the consolidated special elections on (i) the proposition of the District incurring a bonded indebtedness in an original aggregate amount not to exceed $15,000,000, (ii) the proposition with respect to the levy of special taxes on taxable property within the Community Facilities District to pay the principal of and interest on the bonds of the Community Facilities District and maintenance of public facilities, and (iii) the proposition with respect to the establishment of an appropriations limit for the District in the amount of $4,000,000 (the "Consolidated Special Elections") shall be as follows: (a) Pursuant to Section 53326 of the California Government Code, ballots for the Consolidated Special Elections shall be distributed to the qualified electors by the City Clerk by mail or by personal service. (b) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and in particular Division 4 (commencing with Section 4000) of that Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in the appropriate form attached hereto as Exhibit"A," and shall also mail or deliver to all such 3 RVPUMKAB1678703.3 4 Resolution No. 2004-77 qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a return identification envelope addressed to the City Clerk for the return of voted official ballots and a copy of the Resolution of Formation adopted by the City Council on November 15, 2004 . (c) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner- voter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is Entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and fin-ther certifying as to the acreage of the landowner-voter's land ownership within the District. (d) The return identification envelope mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi)the date of signing and place of execution of the declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk. (e) The information to voter form to be delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 7:00 p.m. on the date of the elections; provided that if all qualified electors have voted, the elections shall be closed with the concurrence of the City Clerk. (f) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the elections, the City Clerk shall canvass the votes cast in the Consolidated Special Elections, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot. Section 7. Accountability Measures. Pursuant to Section 53410 of the California Government Code, if the voters approve the propositions contained in the official 4 RVPUB\KAB1678703.3 ReSOlution No. 2004-77 ballots for the consolidated special elections with respect to the District incurring bonded indebtedness for the purposes for which such indebtedness is to be incurred and bonds of the District are to be issued (the "Bond Propositions"), the incurring of such bonded indebtedness and the issuance of bonds of the District shall be subject to the following accountability measures: (a) The Bond Propositions shall identify the specific purposes for which the bonds are to be issued; (b) The proceeds of the bonds shall be applied only for the specific purposes identified in the Bond Propositions; (c) An account or accounts shall be created pursuant to the fiscal agent agreement for such bonds into which the proceeds of the sale of such bonds, if any, shall be deposited; and (d) The City Administrator shall file a report with the City Council no later than January 2 of the calendar year beginning after the year in which the bonds are issued and annuallythereafter, which shall contain the information required b Section q Y 53411 of the California Government Code. The City Council finds that the Bond Propositions which are set forth in the official ballots for the consolidated special elections, which are attached as Exhibit "A" hereto, identify the specific purposes for which the District will incur bonded indebtedness and issue bonds. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15`h day of November, 2004. Mayor APPROVED AS TO FORM: c r City Attorney v �� REVIEWED AND APPROVED: INITIATED AND APPROVED: C.� Citf Administrator birector of Economic Development Director of Publip: orks 5 RVPUBIKAM78703.3 Resolution No. 2004-77 EXHIBIT "A" OFFICIAL BALLOT CONSOLIDATED SPECIAL ELECTIONS FOR CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 2004-1 (THE STRAND) COUNTY OF ORANGE STATE OF CALIFORNIA To vote, mark a cross (+) in the voting square after the word "YES" or after the word "NO." All marks otherwise made are forbidden. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Huntington Beach and obtain another. PROPOSITION A: Shall a bonded indebtedness in an original aggregate principal amount not to exceed $15,000,000 be incurred by and for City of Huntington Beach Community Facilities District No. 2004-1 (The Strand), County of Orange, State of California (the "Community Facilities District"), for a maximum term of not more than 35 years and with interest at a rate or rates not to exceed the ❑ Yes maximum interest rate permitted by law, for the purposes of providing; (1) The types of El No public facilities listed in the Resolution of Formation of the District adopted November [Proposition A] 15, 2004, and (2) The incidental expenses which will be incurred are all costs associated with the creation of the Community Facilities District, issuance of the bonds thereof, the determination of the amount of and collection of taxes, and the payment of taxes, and costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District? RVPUBIKAB1678703.3 A-I Resolution No. 2004-77 PROPOSITION B: Shall special taxes be levied annually on taxable property within City of Huntington Beach Community Facilities District No. 2004-1 (The Strand), County of Orange, State of California (the "Community Facilities District"), to pay the principal of and interest on the bonds of the Community Facilities District issued and sold to finance and refinance those purposes specified in Proposition A of this ballot, to establish and replenish the reserve fund for the bonds, or to accumulate funds for future bond payments, including any ❑ Yes amount required by federal law to be rebated to the United ❑ No States with regard to the bonds, and to pay expenses incidental thereto and to the levy and collection of the special taxes, so [proposition BI long as the special taxes are needed to pay the principal of and interest on the bonds and for such other purposes, together with the payment of, and the provisions of repair and replacement reserves for, maintenance of any of the publicly owned facilities financed with the proceeds of such bonds, at the special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit "A" to the Resolution of Formation adopted by the City Council of the City of Huntington Beach on November 15,2004? PROPOSITION C: Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII ❑ Yes B of the California Constitution, be established ❑ No for City of Huntington Beach Community Facilities District No. 2004-1 The ( Strand), [Proposition C] County of Orange, State of California, in the amount of$4,000,000? PROPOSITION A AND PROPOSITION B ARE SUBJECT TO THE ACCOUNTABILITY MEASURES PRESCRIBED IN SECTION 53410 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. 2 RVPUBIKAB1678703.3 Res. No. 2004-77 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 15th day of November, 2004 by the following vote: AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Winchell NOES: None ABSENT: None ABSTAIN: None Ci Clerk and ex-officio Uerk of the City Council of the City of Huntington Beach, California