HomeMy WebLinkAboutCC Ord 1497 2003-04-14
ORDINANCE NUMBER /!f!i1-
AN ORDINANCE 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
MAINTENANCE) CALLING A SPECIAL ELECTION FOR
JULY 22nd, 2003
I
WHEREAS, the City Council of the City of Seal Beach ("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
WHEREAS, by its Resolution Number 5110 (the "ReSOlution"),
the City Council authorized, subject to voter approval, the levy
of a special tax in connection with the District (the "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 I
landowners within the District and determined that each landowner
shall have one vote for each acre or portion thereof that the
landowner 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 FOLLOW:
Section 1.
and correct.
Recitals. The above recitals are all true
Section 2. Election Called. A special election (the
"Special Election") is hereby called for July 22, 2003 for the
purpose of voting on the Proposition.
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. 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-thirds (2/3)
of the votes cast on the Proposition, the Special Tax may be
levied as provided for in this Resolution and the Appropriations
Limit may be established as provided for in this Resolution.
I
I
I
I
Ordinance Number ;I~~"
.
Section 4. Election Official. The City Clerk is hereby
designated as the official to conduct the special election (the
uSpecial Election") on the matters submitted to the qualified
electors. 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 determination of the boundaries
of the District.
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 p~ovisions of
law regulating elections of the City of Seal Beach insofar as
such provisions are determined by the City Clerk to be
applicable. The City Clerk shall mail the ballots for the
Special Election, with return postage prepaid, no later than June
23rd, 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.
to the qualified
be as follows:
Ballot. The ballot proposal to be submitted
voters at the Special Election shall generally
PROPOSITION A
Shall the special tax set forth in Resolution
Number 5110 of.~he City Council of the City of
, Seal Beach be levied in connection with City of
Seal Beach comm~nily Facilities District No.
. . ,
2002-02 (Seal. Bea<<h"Boulevard/Lampson Avenue ,
Landscape M~intenance) (the uDistrictU), subject
to the accountability measures provided for in
,
Resolution Number ~ilO, for the purpose of
funding the mainteriance of parkway and median
landscaping,seE;lhg the District and incidental YES
expenses, and'shall the District establish an
Article XIIIB appropriations limit for the NO
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?
Section 7. Return of Ballots. The voted ballots shall
be returned to the City Clerk at City Hall, 211 Eighth Street,
Seal Beach, California 90740 no later than B:OO PM on July 22nd,
2003.
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.
, ,
Section 9. Impartial Analvsis. The City Council directs
the City Clerk to transmit ~ 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 mea~ure.
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
Ordinance Number /~j1
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 II
to the passage of this Ordinance and cause it to be published or
posted in accordance with law.
Section 14. Effective Date. This Ordinance shall take
effect immediately upon adoption.
PASSED, APPROVED AND ADOPTED by
Seal Beach at a meeting thereof
2003.
the City counc~~ the City of
held on the;' day of April,
~~.~
Mayor
I
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Joanne M. Yeo, City Clerk of the City of Seal Beach,
California, do hereby certify that ~fOregOing Ordinance is an
original copy of Ordinance Number J "1 on file in the office
of the City Clerk, introduced, passed, approved and adopted by
the CitY~~UnCi1 of the~y ~ Seal Beach at a meeting held on
the 7: . - day of I/Lt_ , 2003 by the following vote:
AYES:
Councilmember
NOES:
Counci1members
ABSENT:
Counci1members
and do hereby further certify that Ordinance Number /1/'17 has I
been published pursuant to the Seal Beach Charter and Resolution
N 2836.
PROOF OF PUBLICATION
(2015.5 C,C.P.)
STATE OF CALIFORNIA,
County of Orange
I
I am a citizen of the United States
and a resident of the county afore-
said; J 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 SUN, a
newspaper of general circulation,
printed and published weeklll 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 date of , '
2/24/75. Case Number 1.\82583; that
the notice of which the annexed is a
primed 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 followirlg
dates, to-wit: .
4IM, 5JM} ~/lh
all in the year 2003,
I
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
I
Dated a'leal Beach, ~
Ihls )61:1 ~:L.2003.
Signature
PUBLICATION PROCESSED BY:
THE SEAL BEACH SUN
216 Main Street
Seal Beach, CA 90740
(562) 430-7555
Ordinance Number ~~~
This space is for the County
Clerk's Filing $tamp
the SpecIeJ Tax mey be levied
as provided for In the Resolu-
tion and the Appropriations
Llmlt.may be established as
plOVJded for In the Resolution.
ORDINANCE NUMBER 1497 SoctIon 4. Clerk Is euthonzed, Instructe,
AN ORDINANCE Or: THE Election.Offlclal The City and dlrectecl lo procure and fur
CITY COUNCIL OF TIlE CITY Clerk Is hereby deslgneled u nlsh eny end en 01f1claJ bellols
OF SEAL BEACH, CALlFOR- the oIIJcIello c:onduclthe Spe- notices, printed meller end el
NIA, ACTING IN ITS CA,PACf. erar Election ,. 18 hereby supplies, equlpmenl and para,
TY AS THE LEGISLATIVE acknowledged that the City phernalta that may be neees.
SODY OF CITY OF SEAL :CJerk has on Ne a cer1llled ~ salY In order to properly aile
BEACH COMMUNITY FACfU. 'of the boundanes 01 the DlstrIcI. lawlully concIuct the elecOOn.
nES DISTRICT NO. 2002-02 and a sufficient description to SecUon 12.
(SEAL BEACH BOULE., eIIow lI1e Clerk lo determine the NoIIce. NoIk:e of the Iune end
VARO/LAMPSON AVENUE' boundsries oIlI1e OISIncl. piece lor holding 1I1e election is
LANDSCAPE MAINTE- ' Seellon 5. given and the City Clerk 18
NANCE) CALLING A SPE- Mall Ballot The eIecIIon shaU authorized, Instructed and
ClAL ELEcnON FOR. " ,be conducted by mall ballot dll8ded to give further or adcIf.
JUt. y 22. 2003 r . -. ~t as otherwise provldeci fIonal nobce of the election, in
AECfTALS: I . 1-' Illy Ih8 Act. the electlori shall be time, form and manner as
WHEREAS, the City CounCIl lconducteclln 8CCOrdsnce wilI1 reqUIred by Isw.
(II1e "City Council") 0I111e CIty 'the pnlVisiona 0/ law reguletln9 SectIon 13-
of Seal Beach (the "CIty-) haS elecllons 0' the City 0' Sea Certlficabon. The.Clty Clerk
_hod CIty 01 Seerlieech .Beech Insolar u such provt- shail certriy lo the _ of
Community FaCIlities District :slons are determined by the this OrdJnance and cause II to
No. 2002-02 (Seal BeaCh 'Clty Clerk to be applicable. be PUbliShed or posted In
BOulevard/Lampson Avenue The CI~ Clerk shall mall the accordance WIth law. .
l.andscepe Melnlenence) (the . bellots fOr 1I1e SpllClel EJecbon SectIon 14-
:otstttc:r) pur&uantm the Melto- with refilm f'OS!8ge prepaid, on Elfechve Date. This Ordl-
ADOs COmmunity Facilllles Act ,or about June 231d, 2003. Bal- nance shall lake eIIect Immedl-
0' 1982, 88 amended, com- lot materials shall Include all ately upon adoption.
menclng with Secbon 53311 of matenals 8n!I_~ppll8S raqwred PASSED, APPROVED and
the Call'ornla Government: bv SectIons 53327 and 53327.5 ADOhePTED by the City CourlClf
COde (the "Acr) to Mance 08,... lol the Act, as well as such of t City of Seal Beach at a
lain servK:8S,; and . other materials as mey be meeting thereof held on the
WHEREAS, by Its ResoluUon 'r8qWredbylsw. 14111deyolApnI,2003.
Number 5110 (the "Resolu- _ 8. (signed)
bon', lI1e City Council eull1o- Bellot. The bellot _ lo AMeyor ,
rlzed, BUblect fa voter apProval be submItted to the qualified TTEST:
the levy of a special tax In ~ voters at the SP8CIaI Election' (Signed)
nectlon with the District (the 'shaD genemlly b8 as foIJows: CJoanCjne Veo
"S_sl Tex") end eull1011zed PROPOSlTfON A . CIIy 8Ik
sUbJeCllo voter epprovel 111'; Shell lI1e specfellax set forth STATE OF CAUFORNIA I
esteblishment of en sppro'prta_ In ResoluUon Number 5110 01 COUNTY OF ORANGE"
tlOI'IS limit for the Dlstlict (the the City Coundl of the City of SS
"Aopl\lllriellons Umh")"end Seel Buch be levied In con- CITY OF SEAl BEACH )
WHEREAS, by the'Reeolu_ nection wilI1 City 0/ SeelBeech I. Joenne M. Veo, City Clerk 0/
tlon, the City Council deter- Community Facilities District the Clay of Seal 8eacfi, CaIIfor..
mined that the qualdled elec- ,No. 2002-02 (Se8' Beach nIB, dO hefebr C8t1Ify that the
tors with regard to the eatab- . Boulevard/Lampson Avenue ~g Ordinance fs an orlgl~
IIshment 0' the Appropnallons Landscaee MaJntenance) (the naI ~ 01 Ordinance Number
Umll.end lI1e levy of lI1e Spe- "District l' subject to Ihe 1497 on file In the ofIk:e of lI1e
clal Tax are the landowners accountab Illy m&asures plOVId- CIty Clerk, Introduced, P8S8Bd,
within the District and deter- ad for In Aesorubon Num- approved and adopted by the
mined that each landowner ber ~110, for the purpose of City CourICII of the City of Seal
shall have one vote for each funding the maintenance of Beach at a meBllng held on the
acre or portion thereof that he ~ and median 14th da~ of AprII,.2D02 by the
or aile owns wlllun the District ilng S81Ving the 0IS1rict following vote:
u P/llVIded In Section 5332tl oi end entel _ses, end AVES. Anlos, Campbell,
the Act; and . shall the District establish an Ooe.ne, Larson, Yost
WHEREAS the Clly:Councll Attk:Ie XIIIB eP/llllPristions limo NOES: NONE
desires to h'old a mall-ballot 'or the Dlslrlet ai an amount ABSENT: NONE
s~al eJection within the Ols ~I to aJI the Proceeds of the and do hereby further certify
bid, at which dme there wIQ ~ SpeCIal Tax collected annually that Ordinance Number 1491'
8ubrnltled to the qualified elee- Within the District and as has been published pursuant to
tors at the 0IsInct a defined by Article XIIIB of the the Seal Beach Charter and
relBUng to the levy ~~s: Call'ornla -Conslltutlon, as AesoIutIon Numbsr 2838
c1a1 Tax and the establishment adjusted 'or Changes in the ~,gned)
of the ~nsllons Umll cost of living end cnenges In Cl8JX
. po IsOon? 96I1lll151708355.1
NOW, H REFORE. THE I ~ " Published In the Seal Beach
CITY COUNCIL OF TIlE CITY . Sun A~' ___
OF SEAL BEACH ODES NO '.... S'22, w.w~
r5~~V ORDAIN AS FOL- =:nJ'1leI1ots. The voted
lloctIOn 1 bellots shall be retumed lo 1I1e
Recltels. 'The ebove recitals City Clerk ot City Hell, 211 .8!f1
are-au true and correct. _ Street, Seal Beach, California
&ect1on2. '. 90740 no later thari 8.00 P.M
Election Called. A epec/e' ~ 22nd, 2003. -
election (1I1e 'Spec1sJ E1"'~ on L ,
Is for the purpose of vob~ Vota. The appropriate mark
the proposition hereby ~Ied placed In the votlnp square
~ 22 2003 alter 1I1e word "YES shell be
on 3. ' . . counted In favor of the adoptfon
Submission of Proposition 0' the Proposition, and the
The City Council hereWith sua.: eppropnete msrit r,lsced.ln lI1e
milS the establishment 0' th voting square af er the word
A e -NO" ln the manner 88 autho-
pproprlatlons Limit and the nzed shall be counted agelnst
levy 0/ lI1e SPOClllJ To lo!he 111 ado' pilon of 111 P lion
qualified electors of the DIstrtct e e I'OpOSI
SectIon 8.
al the Spe~lal. Election. The Imparllal AnalYSIS. The City
City CounCil directs that the Council directs the City Clerk to
prOPQ81t1on relalln,g to the transmit a copy 01 the measure
estBbllshment of the Ap~- 'to the CIty Attorney The City
dons Umlt and the pro . AUorney shall p;epare an
relating to the I~ of Sp. 'Impartial analysJs of the mea.
mal Tax be OC?'"bined..lnto one lure showing the effect 0' the
ball~ proposition (the Proposa- measure on the BXlstlng law
tlon ). II the. PropoSltJon and the operatfon of U1e mea.
receives the approval 01 more sure
I than Iwo-tfllrds (2/3) 0' .the SeCuon 10. '. . .
~IU fOot on t~e.~IllJ>OlIIt!on; ~loc.llOI1 Mqterieill. 'I}1q Cill<