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Home My WebLink AboutCC Res 5426 2006-01-23 RESOLUTION NUMBER 5426 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING THE RESULTS OF A SPECIAL ELECTION IN CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2005-01 (PACIFIC GATEWAY BUSINESS CENTER) AND DIRECTING THE RECORDING OF A NOTICE OF SPECIAL TAX LIEN RECITALS: I WHEREAS, in proceedings heretofore conducted by the City Council of the City of Seal Beach (the "City Council") pursuant to the Mello,Roos Community Facilities Act of 1982, as amended, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the "Act"), the City Council adopted on January 23, 2006 a resolution entitled "A Resolution of the City Council of the City of Seal Beach Calling a Special Election Within City of Seal Beach Community Facilities District No. 2005-01 (Pacific Gateway Business Center)" (the "Resolution Calling Election"), caIling for a special election (the "Special Election") of the qualified electors within Community Facilities District No. 2005-01 (Pacific Gateway Business Center) (the "District"); and WHEREAS, pursuant to the terms of said resolution, which are by this reference incorporated herein, the Special Election was held on January 23, 2006, and the City Clerk has on file a Certificate of the City Clerk as to the Results of the Canvass of the Election Returns (the "Certificate"), a copy of which is attached hereto as Exhibit A and by this reference incorporated herein; and WHEREAS, this City Council has reviewed said Certificate and hereby approves it. 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEAL BEACH: 1. Recitals. The above recitals are all true and correct. 2. Ballot Propositions, The issues presented at the Special Election were Propositions A and B, as set forth in Exhibit B attached hereto and by this reference incorporated herein. 3. Election Results. The results of the Special Election are as set forth in the Certificate on file with the City Clerk and attached hereto as Exhibit A. Pursuant to the Certificate, Propositions A and B presented at the Special Election were approved by morc than two-thirds of the votes cast by the qualified electors of the District. 4. Ballot Propositions Authorized. This City Council, acting in its capacity as legislative body of the District, is hereby authorized to levy on the land within the District the special tax described in Proposition A for the purposes described therein, to take the necessary steps to levy the special tax authorized by Proposition A, and to issue one or more series of bonds in an amount not to exceed $10,000,000 as specified in Proposition A. The appropriations limit as specified in Proposition B is hereby established. I 5. Finding of Validitv. It is hereby found that all prior proceeding and actions taken by this City Council with respect to the District were valid and in conformity with the Act. 6. Notice of Special Tax Lien. The City Clerk is hereby directed to record in the office of the County Recorder of the County of Orange within fifteen (15) Resolution Number 5426 the date hereof a notice of special tax lien with respect to the District in substantially the form required by Califomia Streets and Highways Code Section 3114.5. I AYES: PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach this 23rd day of Januarv ,2006 by the following vote: counciIMembersO/l1idKJ/~;~ ~I ~ Council Members . ~/ Council Members ~ Council Members ~J NOES: ABSENT: ABSTAIN: c!'~ ~ Mayor ATTEST: ~~.4 ~ ity lerk I STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing Resolution is the original copy of Resolution Number 5426 on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach at a meeting thereof held on the 23rd day of Januarv , 2006. ~~ ity Clerk I Resolution Number 5426 I EXHIBIT A CERTIFICATE OF TifE CITY CLERK AS TO THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2005-01 (pACIFIC GATEWAY BUSINESS CENTER) I, Linda Devine, City Clerk of the City of Seal Beach, hereby certify that I canvassed the returns of the Special Election in the City of Seal Beach Community Facilities District No. 2005- 01 (pacific Gateway Business Cejlter) and that the election was held in the Chambers of the City Council at 211 Eighth Street, Seal Beach, California 90740 on January 23, 2006. I further certify that the total number of ballots cast in said election and the total number of votes cast for and against Propositions A and B are fulI, true and correct: " Qualified . Eligible Votes '. , Voters Cast Yes No Proposition A } 1.1f; LfS- yj Proposition B I 4b 46 )" I IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 23rd day of January, 2006. D By:i9;JjIM. . J. f,,1V:W III a DeVille City Clerk City of Seal Beach ~~r;f(~ /,2-3- pI? ~~0Nt:~ !_a23-0lP ~. ~ I-;Zs ~Z~t76 I S7296,II06l866417 A-I Resolution Number 5426 EXHIBIT B PROPOSITION A: 1 Shall the City of Seal Beach, on behalf of City of Seal Beach Community Facilities District No. 2005-01 (Pacific Gateway Business Center) (the "District"), subject to the accountability measures provided in the resolutions entitled "A Resolution of Formation of the City Council of the City of Seal Beach to Establish City of Seal Beach Community Facilities District No. 2005-01 (Pacific Gateway Business Center), to Make Environmental Findings With Respect Thereto Pursuant to the California Environmental Quality Act, to Establish an Appropriations Limit Therefor, to Authorize the Levy of a Special Tax Therein, and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified Electors Thereof' (the "Resolution of Formation") and "A Resolution of the City Council of the City of Seal Beach to Declare the Necessity to Incur Bonded Indebtedness within City of Seal Beach Community Facilities District No. 2005-01 (Pacific Gateway Business Center)" (the "Resolution of Necessity"), incur an indebtedness and issue one or more series of bonds in the maximum aggregate principal amount of $10,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds, to finance the facilities and incidental expenses described in the Resolution of Formation and the Resolution of Necessity; and shall a special tax with a rate and method of apportionment as provided in the Resolution of Formation and the Resolution of Necessity be levied annually on lands within the District to pay for the facilities, services, incidental expenses, and other purposes described in the Resolution of Formation and the Resolution of Necessity, including the payment of principal and interest on bonds issued to finance the facilities, incidental expenses, and the costs of the City of Seal Beach in administering the District? I PROPOSITION B: Shall City of Seal Beach Community Facilities District No. 2005,01 (Pacific Gateway Business Center) (the "District") establish an Article xnIB appropriations limit for the District at an amount equal to all the proceeds of the special tax collected annually within the District and as defined by Article XIlIB of the California Constitution, as adjusted for changes in the cost of living and changes in population? 1