HomeMy WebLinkAboutCity Council - 2004-78 RESOLUTION NO. 2004-78
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. 2004-1 (THE STRAND) COUNTY OF ORANGE,
STATE OF CALIFORNIA, ON THE PROPOSITIONS WITH
RESPECT TO (i) INCURRING BONDED INDEBTEDNESS IN
AN ORIGINAL AMOUNT NOT TO EMCEED $15,000,000,
(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 November 15, 2004, 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. 2004-1 (The Strand) County of Orange,
State of California (the "Community Facilities District"), to incur a bonded indebtedness in an
original aggregate principal amount not to exceed $15,000,000 and calling a special election on
the proposition of incurring such a bonded indebtedness for November 15, 2004, 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
WHEREAS, on November 15, 2004, the City Council also adopted a resolution
calling a special election (the "Election Resolution') for November 15, 2004, 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 indebted-ness; and
WHEREAS, 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, BE IT RESOLVED, DETERMINED AND ORDERED
BY THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, 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
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Resolution No. 2004-78
of the close of the protest hearing on November 15, 2004, 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 CIM Group and Cracchiolo, S.W. & D.L. Trust A&C, the owners of all of the land included
within the boundaries of the Community Facilities District (collectively the "Property Owners")
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 November 15,
2004; (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 Owners, which owned approximately 2.26 acres, were entitled to a total of 3
votes; (vi) the ballot was returned to the City Clerk prior to 7:00 p.m. on November 15, 2004, 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 there-in; (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 indebted-ness in an original aggregate amount not
to exceed $15,000,000; (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 indebted-ness in an original aggregate amount not to exceed
$15,000,000, 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 Community
Facilities District incur a bonded indebtedness in an original aggregate amount not to exceed
$15,000,000 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 fimding 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
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Resolution No. 2004-78
adopted b the City Council on November 1504 and an appropriations limit has been established
P Y Y �
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 15th day of November, 2004.
yor
APPROVED AS TO FORM:
io[,4vy Attorney Al t I O I I01f
REVIEWED AND APPROVED: INITIATED AND APPROVED:
ity Adm istrator Director of Economic Development
Director of Public Wd ks
RM13NRUNAL.SHAH16787683
Res. No. 2004-78
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
004W't)
CiU Clerk and ex-offici lerk of the
City Council of the City of
Huntington Beach, California