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HomeMy WebLinkAboutCC Ord 1513 2004-01-26 ORDINANCE NUMBER J'~~ 1 AN ORDINANCE 'OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2002-01 (HERON POINTE) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THAT DISTRICT PURSUANT TO AN AMENDED AND RESTATED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES . RECITALS: WHEREAS, the City Council (the "City Council") of the City of Seal Beach, California (the "City"), has conducted proceedings in accordance with the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the "Act"), for the establishment of the City of Seal Beach Community Facilities District No. 2002-01 (H~ron pointe) (the "District"); and WHEREAS, the District was established pursuant to Resolution No. 5063 of the City Council, adopted on Septamber 23, 2002 (the "Resolution of Formation"); and 1 WHEREAS, the Resolution of Formation, among other things, provided a description of facilities for the District, as set forth in Exhibit A to the Resolution of Formation and prescribed g rate and method of apportionment of special tax for the District, as set forth in Exhibit B to the Resolution of Formation; and WHEREAS, the City Council previously adopted Resolution Number "di9/ stating its intention to consider alterations to the rate and method of apportionment of special tax for the district (the "Resolution of Consideration"); and WHEREAS, a copy of the Resolution of Consideration making reference to and incorporating by reference the map of boundaries of the District and making reference to and incorporating by reference a proposed "Amended and Restated Rate and Method of Apportionment for City of Seal Beach Community Facilities District No. 2002-01 (Heron Pointe)" (the "Amended and Restated RMA"), as set forth in Exhibit A to the Resolution of Consideration, is on file in the office of the City Clerk, and is inc?rporated herein by reference; and 1 WHEREAS, in accordance with the Act, notice was published and mailed to all landowners within the District regarding a public hearing (the "Hearing") set for January 12, 2004 at 7:00 p.m. or as soon thereafter as possible on the alteration of the rate and method of apportionment 9f special taxes for the District; and WHEREAS, prior to the Hearing there was filed with the City Council a revised report in connection with the Amended and Restated RMA containing a brief Ordinance Number /~~ description of the facilities by type necessary to adequately meet the needs of the District, and an estimate of the fair and reasonable costs of financing the facilities, including the cost of acquiring land and easements and any incidental expenses, and including the costs of the proposed bond financing and all other related costs, as provided for in" Section 5 3 3 4 5 . 4 of the Act; and WHEREAS, at the public hearing all persons desiring to be 1 heard on all matters pertaining to the Amended and Restated RMA were heard and a full and fair hearing was held; and ' WHEREAS, WHEREAS, at the public hearing evidence was presented to the City Council on the matters before it and the City Council at the conclusion of the hearing is fully advised as to all matters relating to the alteration of the rate and method of apportionment of special taxes for the District; and subsequent to the public hearing, the City Council adopted Resolution Number 4198 which, subject to the approval of the qualified electors of the District, altered the rate and method of apportionment of special taxes for the District; and WHEREAS, on January 12, 2004, a special election was held within the District at which the qualified electors of the District approved the alteration of the rate and method of apportionment of special taxes for the District; and WHEREAS, 1 on January 12, 2004, the City Council adopted Resolution Number 5'191 which declared the results of the January 12, 2004 election conducted by the City Clerk, which results showed that more than two-thirds of the votes cast in the District were in favor of the proposition to alter the rate and method of apportionment of special taxes for the District; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Recitals. The above recitals are all true and correct. Section 2. Authorization of Levy of Special Tax. By passage of this Ordinance, the City Council authorizes the levy of a special tax within the District at the maximum rate and in accordance with the Amended and Restated RMA set forth in Exhibit A to the Resolution of Consideration, which is on file with the City Clerk and the provisions thereof are incorporated herein by this reference as if fully set forth herein. I. Section 3. Annual Rate Determination. The City Council is hereby further authorized to determine on or before August 10 of each year, or such other date as is established by law or by the County Auditor- Ordinance Number ;I~~ Controller of the County of Orange, the specific special tax to be levied on each parcel of land in the District, except that the special tax rate to be levied shall not exceed the maximum rates set forth in the Amended and Restated RMA but the special tax may be levied at a lower rate. I Section 4. Exemption of Government Property. Properties or entities of the state, federal, or other local governments shall be exempt from the above- referenced and approved special tax only to the extent set forth in the Amended and Restated RMA and otherwise shall be subject to tax consistent with the provisions of Section 53317.3 and 53317.5 of the Act. Section 5. Use of Collections. All of the collections of the special tax shall be used only as provided for in the Act and in the Resolution of Formation. The special tax shall be levied only so long as needed for its purpose as described in the Reso~ution of Formation. 1 Section 6. Collection. The special tax shall be collec~ed in, the same manner as ordinary ad valorem taxes and shall be subject to the same penalties and the same procedure, sale and lien in any case of delinquency as applicable for ad valorem property taxes; provided, however, that the special tax may be collected in such other manner as may be provided by the City Council. In addition, the provisions of Section 53356.1 of the Act shall apply to any delinquent Special Tax payments. Section 7. Authorization. The specific authorization for adoption of this Ordinance is pursuant to the provisions of Section 53340 of the Act. Section 8. to be Certification. The City Clerk shall certify the passage of this Ordinance and cause it to published or posted in accordance with law. PASSED, APPROVED AND )201'TED by the of Seal Beach this ~ day of the City 2004. 't~JJI~ I L Ordinance Number /.5/~ 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 the ~~~ing Ordinance is an original copy of Ordinance Number on file in the office of the Cit~erk, int d ed a a meeting thereof held on the - day of , 2004 and was passed, approved and ado~~ by the i Council at a meeting thereof held on the 016 - day of 2004 by the llowin vote: AYES: 1 NOES: ABSENT: ABSTAIN: and do hereby further certify that Ordinance Number ~~~ has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. 1 1 , : 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 cQunty 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 SUN, 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 date of 2/24/75. Case Number AB2583; 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: I J2-- 25 -6S II in the year 2003. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, CA, this 'Z ro day of fYJ'~.~ 2003. ~) ignature PUBLICA ION PROCESSED BY: THE SEAL BEACH SUN 216 Main Street Seal Beach, CA 90740 (562) 430-7555 I Ordinance Number /5J.a This space is for the County Clerk's Filing Stamp Proof of Publication of ............................................... ............................................... NOTICE OF PUBUC III!ARING I NOW, THEREFOR!!, THE cnY City 01 Sea' Beech COUNCIL OF THE CIIY OF Community Facilities SEAL BEACH DOES IiERE8Y Dlet~ct No. 2002.01 . RESOLVE, DETERMINE AND (Heron Polnle) I ORDER AS FOLLOWS: NonCE IS HEREBY GIVEN I' . Section 1. The full name of that on December 8, 2003, the the DIstnct IS "Clly 01 Seal Beach City Council of the City 01 Seal , Community Faclbtles Dlstncr No BeechedoptedeResolulJonenU- ' 2002-01 (Heron pom'e).. tied -A Resolution 01 the City Secuon2. Thelemkiyndud- CounaI at fhs €rfy of Seal Beach I eel In the DISfnct Is as sliown on 10 ConSider Alterations to Ihe Ihe map lhereof fried In BOOk 85 Rate and Method of Apponron. of lhe Maps of Assessment and ment 01 Special Tax for Cqm-' Conmunlly Facilrll8S O,slncls al mundy Facilrbes DIstnct No 2(X)2.. Page 36, In Ihe office of the 01 (Heron Polnta) - Pursuant 10 I Counly ReCOrder of Ihe Counly !he _DOS Comrn.nlly FllClI, Of OIei1ge, CaUfom... which map Illes Act of 1982, as amended I Is hereby illCOrporaled by refer- (the -Acr), the City Council of I ence _ the City 01 Seal Beach hereby I', h Secllon 3. The CfIy Council gives notlCG as tallows' r ." { ereby dete~lnes lhal publiC . A. The text 01 salq l3esolu-. Convenience and neCesslly lion Is as follows' - , . :~ulre alterations be made 10 - WHEREAS:1he CITY COUN. the Ong!na/ RMA,'eUCh "'at, alter CIL (the "CIty Councll-) of the the alferauons, Ihe rata and CITY OF SEAL BEACH ('he m8lhodO'llIJPO"",","8ftt"'soe- -CIty") has conducted proceed- . - ~ tax for the DisIrIcI WOl,jj raad, r'lgs1n~I1C8W11hIhaMello- ,inllsenllrety,assBtforlhlnlhe : " Roos Community FacllJlles Act Amended and Restated RMA. of 1982, as amended, com- Secllon 4. A pubbc heanng , mencmg Wtth Section 53311 of (the -Heanng; Will be held by, I the CallfomlB Government Code the City Coul1Cl,'at 7:00 P.M ,or (the -Acli, for the establishment _ as soon d1ereafter as Possible. on of tha City of Seal Beach Com- Monday January 12, 2004, at munily Facllllles District No. the City Or Seal Beach City Hall r 2(X)2..(j1 (Heron Panle) (the -018- Coullell Chambers, 211 Eighth I Irtd-); and Streel Seal Beech, California, I WHEREAS, the Dlstrtct was 90740 to consI4er and fInally I 8Slabllshed pursuant to ResoJu- determine whether 10 submit the I tlon No. 5003 of the City Coun- question of altering the rate and : clI. adopted on September 23, melhod of BJJPortlOMlent of spa_ , 2002 (the "ResolutIon 0' For~ cia I tax for the District as mallorf); and , descnbed above to the qualified WHEREAS, the Resolution' electors of the Dlsulcl 01 FoITTl8bon, among oIherthrvs. '- Secllon 5. The .cIty officer prescnbed a rate of method of who IS or Will be responSible for I apportIOnment of special tax for L th8 facilities to be financed by I the Dlstnd, as set forIh In Exhlt>>- I the District previously caused : II B 10 the Resolution of Forma- II to be filed a report With the City i bon (the "Original AMA"); and -Council contalntng the follOWIng, ' WHEREAS, pUlSUBnl to See-,. (a) a brief deSCription of the : lion 53331 of the Act, the City, [ f!lahtles by type whICh will In his Council, Upon making certain 1 or her opinion be required 10 ade- , detennlnations, IS authonzed 10-'1 quately meet the needs of the commence and undertake pro-." , District. arid ceedlngs ,to aller the rate and ' (b) 8n esllmate oIlha fair and method of &pporIIonment of ape- i reasonable cost of financing the _.0181 tax for the District; and - -.J facilities, Including the cost of ,'... WHEREAS, a,proposed , acqulnng land and easements '~8r1d_lilllfleleend " Melhod Appon,ooment"". CIIy 01 , Sa.. B88Ch CornIoonlly Faa/dlee Dlstnct No 2002-01 (Heron Polnte)- (the "Amended and Restated RMA-) Is sel forth In Exhlbrt A Bttached hereto and Is hereby blCQ,f^"Iated by reference. Ordinance Number ~~~ 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 cQunty 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 SU.N, 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 dat~ of 2/24/75. Case Number A.B2583; that lhe 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: all in the year 2003. I certify (or declare) under penalty of perjury that" the foregoing is true and correct. Dated at Seal Beach, CA, this. day of , 2003. ~ rtrl:JotAA..-l Signature PUBLI ATION PROCESSED BY: THE SEAL BEACH SUN 216 Main Street Seal Beach, CA 90740 (562) 430-7555 This space is for the County Clerk's Filing Stamp Proof of Publication of I ......-........................................ ............................................... and any incidental expenSes, ai1d rVla Act ara Monday, January 12, ~theCOSlSoflheprqJOsed 2004, al the hour of 7'00 P.M. bond financing and an olhai relaI- In the regular meetIng place of ed costs, as Provided for In See- the Clly Council of the City of lion 53345.3 of the Act. Such C11y Seal Beach, City Hall CounCil offJcerlshBl'Bbydlrectedtocause Chambers, 211 Eighth Street, 10 be fIled WIth the City Council a Seal Beach, California revJsed I8por1ln connectJon wllh AI said hearing, the testlma- the Amended and Restated RMA. ny of an Interested pe,soos or which IS to be made part of the taxpayers In the District lor or record of the Hearing. agelnslthe alteration of the rate Section 8. The City Clerk 18 and melhod of appolllonmenl of hereby directed to publish a the special taxes for the DIstrict notICe ("Notice.) of the Heanng I will be heard Any Interesfed per- pursuant to SectIon 6061 of the : son may flis a protest In wrHrng as Government Co~e In a news~ ,'pf'OVJded In Section 53337 of the =:~n=~~a=:;. . Act. If the owners 01 one-hall or District Such Notice shall be more or the area 01 land R\ the substantially In Ule lorm specl~ I terntory Included In the District fled In SectIon 53335 of the Act i and not exempt from the special Publication 01 the Notice shali tax Ilia written protests agaInst be completed at least 7 days the alteration ollhe rate and pnor to the date oIlhe Hearing. J,!l~thQd QI.apJlOl1lpnmQflt 01 the Section 7. The City Clerk Is speCIal taxes for the DIStflcl and hereby directed 10 send B copy . the protests are not withdrawn 01 the Nnttce 01 the Hearing by' to reWce the vakJe of the protests ffrst-clar:, mall, POStage prepaid, to less than a maJonty, the City to each registered voter and to 'CounaI shall take no turtheJ BdIon each landowner Within the pro- ' l'on the proposed aheretlOl1lor a POsed DIStrict as shown on the' I period 01 one year Imm the date last equalized assessment roll. J of said hearing . Mailing 01 the NotIce shall be The pIqx&ld votr1g procedure Ccinplala,fall0as115 days prloi ahlill ba by spadaima.'-i" tiiiiJif- to the date 01 the Hearing. delivered ballot to the owner 01 Section B. At the conclusion the reel pmparty located within 01 the Hearing should the City. lhe District Council dalennlne to submft the For further Informabon, please question of sharing the rate and . call the C>>bce oIlha City Cleric at malhcd of a_mant of spa, (562) 431-2527. clal tax for the District to the quaJ- Dated DBCBmber 22, 2003 Illed electors of the Dlatrict, the (signed) proposed voting procedure al Joanne M Yea. City Cleric . the election Will be B landowner i City 01 Seal Beach vote with each landowner who I Pub. Seal Beach Sun Journal IS Ihe owner 01 record 01 land I 12/2512003. within the District at the close 01 I... the Haanng, Dr the Buthorlzed : representative thereot, haVing one vole lor each acre or par- bon lhereot oWned wllhln the Ols- tlIcI Ballots lor the speaal elee- bon may be"'dlslrlbuted by mall with return postage prepaid or by personal servICe. The complete lext ollhe Amended and Restated Rate and Method 01 Apportionment lor City 01 Seal BeBch Commu- nIty FacUI!les Dlstrlcl No. 2002- 01 (Heron PoInte) 18 on IIIe 11'I the oIhce 01 the City Cleric and avail- able lor public inspection. Tbe lIme and place estab- lished under said Resolution for the public heanng required under I ~~1 , '1"D 1/ ~ I PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange Ordinance Number ~~~ . This space is for the County Clerk's Filing Stamp I 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 SUM. a newspaper of general circulation, printed and published weekl}! 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 A82583; that the notice of which the annexed is a printed copy (set in type nqt 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: J )2Z!eJ'1 all in the year 2004. Proof of Publication of ............................................... ............................................... I certify (or declare) under penalty of perjury that the foregoing is true and correct. , , : SUMMARY - ' DRDINANCE NUMBER ,1513 'COMMUNITY FACIUTIES DISTRICT- 2002-01 - HERON POINTE (HELLMAN) ,. Ordinance Numbsr 1513 of . the City of Seal Beach eu1ho~zeal the levy of a,speclallax within' ,'Sea1 BeachCOOImunrty F_' ,fOISlnct:Number 2002-01, Heron ~ POlnte (Hellman prpper1Y) pur- SU8nt 10 an amended and restat. . ad rata and method 01 appor- tknn... oIspecIeJ taxes.1he PU'- pose of the special taxes 18 to finance public Improvements Ordinance Numb,W1513 was Introduced at the regular City COuncil moeIfng 01 Ja~ 12111 2004 and IIrst readIng wa~ Bp~roVed by Ih~ ~~Iowlng vole: AY"E"S;- An~~s~'C~mpbell Doane. Larson, Yost, I NOES None, Mollon earned ~ 9rd!flBllCB Number 1513wlll receive second reading aiJd be .conSldered lor adopllon at the regular meellng of January 26th ~"'~OQ4-,~CoPles' of dj.~,-:;~~~ ,r., umber1513areavadabJefro ' I the office of Ihe Clty'Clerk'lClm i Hell, ~11 .'Slh',Slreel SeZ; Beach;, telephone (5~2) 431: . 2527.' . "',..,1" _ ,:. Al:OATEO THIS 13th d~~ of J~uary, 2004. " . _ l . Joanne M, Yeo; City C1e"rk . ; , City of Seal.Beach . . 'Pub Seat~_ Beach"lsuJ' JoumaI112212004" . -.' I,., j I Dated at Seal Beac'b CA, this '22- day of '- .nu:!-wl./. 2004. Signature PUBLIC ION PROCESSED BY: THE SEAL BEACH SUN 216 Main Street Seal Beach, CA 90740 (562) 430-7555 :1 '. "