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HomeMy WebLinkAboutCC Ord 1494 2003-02-24 I ORDINANCE NUMBER ~ AN ORDINANCE OF THE CITY ~OUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2002-02 (SEAL BEACH BOULEVARD/LAMPSON AVENUE LANDSCAPE . MAINTENAN~E) CALLING A SPECIAL ELECTION FOR MAY 27, 2003 RECITALS: WHEREAS, the City Council (the "City Council") of the City of Seal Beach (the "City") has established City of Seal Beach Community Facilities District No. 2002-02 (Seal Beach Boulevard/Lampson Avenue Landscape Maintenance) (the "District") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the "Act") to finance certain.services; and I WHEREAS, by its Resolution Number (the "Resolution"), the City Council authorized, subject to voter approval, the levy of a special tax in connection with the District (tlie "Special Tax") and authorized; subject to voter approval, the establishment of an appropriations limit for the District (the "Appropriations Limit"); and WHEREAS, by the Resolution, the City Council determined that the qualified electors with regard to the establishment of the Appropriations Limit and the levy of the Special Tax are the landowners within the District and determined that each landowner shall have one vote for each acre or portion thereof that he or she owns within the District, as provided in Section 53326 of the Act; and WHEREAS, the City Council desires to hold a mail-ballot special election within the District, at which time there will be submitted to the qualified electors of the District a proposition relating to the levy of the Special Tax and the establishment of the Appropriations Limit. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1. true and correct. Recitals. The above recitals are all I Section 2. Election Called. A special election (the "Special Election") is hereby called for May 27, 2003. Section 3. Submission of Proposition. The City Council herewith submits the establishment of the Appropriations Limit and the levy' of the Special Tax to the qualified electors of the District at the Special Election. The City Council directs that the proposition relating to the establishment of the Appropriations Limit and the proposition relating to the levy of the Special Tax be combined into one ballot proposition (the "Proposition"). If the Proposition receives the approval of more than two- Ordinance Number I'~~~ thirds (2/3) of the votes cast on the Proposition, the Special Tax may be levied as provided for in the Resolution and the Appropriations Limit may be established as provided for in the Resolution. Section 4. Election Official. The City Clerk is hereby designated as the official to conduct the Special Election. It is hereby acknowledged that the City Clerk has on file a certified map of the boundaries of the District, and a sufficient description to allow the Clerk tq determine the boundaries of the District. I Section 5. Mail Ballot. The election shall be conducted by mail ballot. Except as otherwise provided by the Act, the election shall be conducted in accordance with the provisions of law regulating elections of the City of Seal Beach insofar as such provisions are determined by the City ~lerk to be applicable. The City Clerk shall mail the ballots for the Special Election, with return postage prepaid, on or about April 25, 2003. Ballot materials shall include all materials and supplies required by Sections 53327 and 53327.5 of the Act, as well as such other materials as may be required by law. Section 6. submitted to the shall generally Ballot. The ballot proposal to be qualified voters at the Special Election be as follows: PROPOSITION A Shall the special tax set forth in Resolution Number of the City Council of the City of Seal Beach be levied in connection with City of Seal Beach Community Facilities District No. 2002-02 (Seal Beach Boulevard/Lampson Avenue Landscape Maintenance) (the "District"), subjec~ to the accountability measures provided for in Resolution Number , for the purpose of YES funding the maintenance of parkway and median landscaping serving the District and incidental NO expenses, and shall the District establish an Article XIIIB appropriations limit for the District as an amount equal to all the proceeds of the Special Tax collected annually within the District and as defined by Article XIIIB of the California Constitution, as adjusted for changes in the cost of living and changes in population? I Section 7. Return of Ballots. The voted ballots shall be returned to the City Clerk at City Hall, 211 - Bth Street, Seal Beach, California 90740 no later than 5:00 P.M. on May 27, 2003. I Section B. Vote. The appropriate mark placed in the voting square after the word "YES" shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the voting square after the word "NO" in the manner as authorized, shall be counted against the adoption of the Proposition. Ordinance Number /~9~ Section 9. Impartial Analysis. The City Council directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. I Section 10. Election Materials. The City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. Section 12. Notice. Notice of the time and place for holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. Section 13. Certification. The City Clerk shall certify to the passage of this Ordinance and cause it to be published or posted in accordance ~ith law. Section 14. Effective Date. This Ordinance shall take effect immediately upon adoption. I PASSED, APPROVED and ADOPTED by the City council,o~~e City o~ at a meeting thereof held on the cJ. - day of f2003' l , Ja,IWH. ~ Mayor STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I I, Joanne M. Yeo, City Clerk of the City of'Sea1 Beach, California, do hereby certify that the foregoing Ordinance is an original copy of Ordinance Number 1~9~ on file in the office~~ the City rk, introd d at a meeting held on the A -- day of _ , 2003, and passed, approved and adopted by C~ncil of ~~y of Seal Beach at a meeting held on the ~ day of ~ld~Jf~ 2003 by the following vote' AYES: Councilmember NOES: Ordinance NumberJ'l,/~~ ABSTAIN: Councilmembers ABSENT: Councilmembers do hereby further certify that Ordinance Number J/J'G7~ been published pursuant to the Seal Beach Cha~te~ I lution Number 2836. \ I I I I I PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the county afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH SUI\!, a newspaper of general circulation, printed and published weekly in the City of Seal Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the datEl of 2/24/75. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 3/").{!J. L{Lj 0 .5/0B ' " all in the year 2003. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at ~eal Beachi'v\CA, this \)..~ day of o..y , 2003. ~~f Signature PUBLICATION PROCESSED BY: THE SEAL BEACH SUN 216 Main Street Seal Beach, CA 90740 (562) 430-7555 Ordinance Number /~9t/ This space is for the County Clerk's Filing Stamp . Proof of Publication of ............................................... ............................................... Paste Clipping of Notice SECURELY in This Space , .s e.e... a.,+\c~c.Je d . -~.__.- LOWS: of SeoIIleach Communlly FacIJ. Section 1. Illes Dlstncl No. 2OQ2-02 (Seal ReCdaJs. The above recitals Beach Boulevard/Lampson BI'8 all true and correct. Avenue ~Maln. l SectIon 2. . tenance) (the "DI~, subjeal EIecbon CaIJed A special silO- to the accountability measures lion (the "Special EleCUon.) Is provided for In Resolution herebycaJledforMay27.2OO3. Number 5110, for the purpose of funding the maintenance of SectIon 3. parlcway and median land- Submission of Proposition. scapmg serving the Dlstnct and The CIIy Council hereWith sub- incidental expenses, and shall mils the establishment of the the District establish an Amde Appropriabons Limft and Ihe levy XIIIB appropriatIOns limit for the of the. SpecfaJ Tax to the qualf.. Dlstnct as an amount equal to fted electors of the DiItncI at the all the proceeds of the Special SpecleJBllCIIoo. TheCltyCoIJllo TexcolectedemulllyY>ithin!he ATTEST: cd directs that the propOSition District and u defined by ArU.. relating to t:le estabflshment of cle xllla of the California Con.. the ApproprIations Umlt and the SbtuIfon. as adJusted for changes proposition relating 10 the levy In the cost of living and changes of the Speclel Tex be combined In_1 Into one ballot proposition (the YES WHEREAS, the City CounCIl .Proposibonj. If the proposla NO (the "CIlyCOWIQIIj oflhe CJtyol tlon receives the approval of Section 7. Seal Beach (the .Clty.) has more than two-Ihirds (213) of the Return of Ballots. The voted established CIIy of Seal Beach voles cast on the Proposition, ballots shall be returned to the Commuruty FBCllltles DII5b1c1 No. the Special Tax may bs levlsd Crty Clerk at City Hall, 211 a 8Ih 2002a02 (Seal Beach Boulea as provided for In the Resolubon Street, Seal Beach, Call1omla vard/Lampson Avenue Land- andlheApproprialfonsLir1llmay 90740 no later than 5:00 P.M. ~ape Maintenance) (the "01&-- be estabil$h8d B$ pnwlded for on May 'Z1, 2003 tncr) purslBtlto the MeIb-Roos In the ResoJuUon SectIon B. Community FacIlities Act of Vote. The appropnate mark 1982, as amended, commenc- Sectfon 4. pJaced In the VOIIng square after ling with Section 53311 of the BectIonOlllclel. TheCltyCllllk the wad "YES"shall be counted California Government Code II hereby desttJ18ted as the offi-. In favor of the adoption of the (the "Act") 10 finance certeln ..,. clellO cooduct the SpecllI B..,.. Proposition, end the eppropnste VIces; and . UOI1. It Is henq- acknowledged . mark placed illhe VObng square WHEREAS~1ts Resofubon that the City Qerk has on fife a after the word "NO. In the man- Number 5110 ~,certified map of the boundaries ner as authorized, shall be the CIty Co aulhonzed, su~ of the Dlsmel, and a sufficient. counted against the adoption of ject to voter approval, the levy descnptlon 10 allow the Clerk to the PropoSJllon. . of a special tax In connection determine the boundanes of the " with the District (the ':=Ial Dislrfct. a;.. Section S. \ Tex") slid eulhonzed; 10 Impertlal Anelys,s The CIIy voter approval, the eSlabllsha S~on 5. . ~ ,. Council directs the City Clerk 10 ABSTAlN:NONE . ment of an appropriations limit Mall Ballot. The electJon shall transmit a copy of the measure for the Distnct (the "Appropna- be conducted by mall ballot: to the City Attomey. The City ABSENT~ NONE lions LimII"); end Except.. _.. provided by _mey shell preps... en Imper- _ WHEREAS, by lI1e AB&OIutI~thB Act,.the.eJectloft-shall be~50tlal analysis-of the measure'" - and do hereby funher"cerUfy the City CounaJ determined that conducted In accordance with . shOWing the effect of the mea- that Orchnance Number 1494 the qualified eIectOrB WIth regElI'd the prowuons 01 law regulaUng lure on the exlSbng law and the hal been published PUl8Uant 10 10 the establishment of the elections of the City of Seal operation of the measure. the Seal Beach Charter and Appropnellons limN end the levy Ileach In-".. such provisions SectIon 10. Resolution Numbe' 2836. onhe Special Tax are the BnldetsrmmedbytheCIlyClerk...,.: Election Materials. The CIIy landowners Wlttun the Dlstnet 10 be 8DPI1cabJe. The City Clerk Clerk IS authorized, Instructed -and determined that each shallmilItheballotstortheSpe.. anddlrectedloprocuraandfur- landowner shalt have one vote claI Election, wllh rabJm postage nlsh any and all ofIIcIaI ballots, for each acre or pordon thereof prepaid, on or about April 2"5, notices, printed matter and all that he or Ihe owns within the 2003. Ballot materials shall supplies, equipment and para- District, as pl'OVlded In Secbon Include all materials and sup- , phemalla that may be necessary 53326 of the Act; and . plies requlr8d by Secbona 53327 In order to properly and lawluUy ~ WHEREAS, the Cl%a~uncll and 53327.5 of the Act, es well . conduct U'le election. desires to hold a I"fI8II I ape- as luch other matenals as may .. SecUon 12. clal elBCllon wtdun the DI8Irict, be required by law. " .' Nobce. Notice of the bme and el which lime 111... WIll be sub- SecIIon B. ,'. 'piece far holding the _ .. mnted to the quall'led electors Ballot. The ballot prooosal to given and the City Clerk IS of the DwIrIct a propoeItIon relat- be SLIbnut1ed to the quallnld vot- t authoIIzed, InslrucI8d and cIrecI:- InglOthe ievyoflh8 SpecieJ Tex .e.. at the SpecIaJ Election shill ed 10 give fullhe, Dr oddl"...1 and the establishment of the generally be as fdlows: ..' notice of the election, In bme, AppraptlaUonl Urntt. PROPOSITION A fonn and manner as required by ShaII!hespec:lallexselfD!lhln lew. . NOW, THEREFORE, THE Resolution . . SectIon 13. . CITY COUNCIL OF THE CITY: Number 5110 Dr th.~ Certlfieebon. The CIIy Clerk OF SEAL BEACH DOES CouncIIoI!heCllyolSeol eheUcertlfylOthepusageof HEREBY ORDAIN AS FOL..' be lIMed li1_on _ Clly this Oralnonce end couse N 10 . .' '. , Ordinance Number J~9~ SEAL BEACH PUBLIC NOTICES ORDINANCENUMBER1~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CAUFDR- NIA. ACTING IN ITS CAPACI- TY AS THE LEGISLATIVE BODY OF CITY OF SEAL BEACH COMMUNITY FACIU- TIES DISTRICT NO. 2002-02 (SEAL BEACH BOULE. liARD/LAMPSON AVENUE LANDSCAPE MAINTENANCE) CALUNG A SPECIAL ELEC- nON FOR MAY 27, 2003 RECITALS: be published or posted In 8CCOra dance with law. Section 14- EIIect1ve Dele. ThIs Ordonence shall lake effect Immediately uponadopllon I PASSED, APPROVED end ADOPTED by the CIIy Council of the City of Seal Beach at a meebng thereof heJd on the 24th day of February, 2003 (signed) Mayor (signed) C,IyClerk STATE OF CALIFORNIA I COUNTY OF ORANGE SS CITY OF SEAL BEACH ) I, Joanne M. Yea, City Clerk of the City of Seal Beach, Callfora ma, do hereby certify that the foregOIng Ordinance fs an ang- Inal copy of Ordinance Number 1494 on hie In the ofIIce of the CIty Clerk, Introduced at a mema mg held on the 24th day of March, 2003, and passed, l!pproved and adopted by the CIty Council of the CIIy of Seet Beach at a meebng held on the 24th <ley of MOlCh, 2002 by the following vote: AYES: Antos. Campbell, Doane, Larson, YosL I NOES: NONE ~n~ . S7296/10B5170B355.1 ~In!he__s... , 3f2O, 411 0, S'8t'2OO3. . I