HomeMy WebLinkAboutCC Res 5145 2003-07-28
RESOLUTION
NUMBER
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A RESOLUTION 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. 2002-02 (SEAL BEACH BOULEVARD/
LAMPSON AVENUE LANDSCAPE MAINTENANCE) TO
CERTIFY THE RESULTS OF THE JULY 22ND, 2003
SPECIAL LANDOWNER ELECTION, DECLARING THE
RESULTS THEREOF, AND SUCH OTHER MATTERS AS
PROVIDED BY LAW.
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WHEREAS, a Special Landowner Election was called and
conducted in the City of Seal Beach, County of
Orange, State of California, on Tuesday, the 22nd
day of July, 2003, pursuant to Resolution Number
5110 adopted February 24th, 2003 and as ordered by
Ordinance Number 1497 adopted April 14th, 2003; and
WHEREAS, Said Special Landowner Election was held in the City
of Seal Beach for the purpose of submitting to the
qualified landowner electors of the District
proposed Proposition A relating to Community
Facilities District No. 2002-02 (Seal Beach
Boulevard/Lampson Avenue Landscape Maintenance); and
WHEREAS, notice of said election was duly and regularly given
in time, form, and manner as provided by law; in all
respects said election was held and conducted and
votes were cast, received, and canvassed, and the
returns made as set forth by the provisions of the
Elections Code of the State of California, more
specifically Sections 4000 and 4100 et. Seq. for the
holding of mail ballot elections; and
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WHEREAS, pursuant to Ordinance Number 1497, adopted the 14th
day of April, 2003, the City Clerk canvassed the
returns of said election and has certified the
results of same, the results are received, attached,
and made a part hereof as "Exhibit A."
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1.
That the Proposition voted upon at the Special
Landowner Election was as follows:
Proposition A:
Shall the special tax set forth in
Resolution No. 5110 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"),
subject to the accountability
measures provided for in Resolution
No. 5110, for the purpose of funding
the maintenance of parkway and median
landscaping serving the District and
incidental expenses, and shall the
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YES
NO
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Resolution Nwnber ,~~~
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 ?
Section 2. That the number of votes given in the
. City for and against Proposition A are
fA. . as set forth in Exhibit "A" attached
\:"4. ..
I,. hereto.
t';::/'V . '.
sectio~b.~~he Cfty Council does declare and
<;0I\b--...... d'eterm'ine that:
~,. <> ,,;:.I ~ . Is
~ l~\..... ~. .
~/7~,!-~~'Ptop" sition A presented to the qualified
'-/~b~'j~t~~~owner electors of the District on .
.w. ,.,
. ~uly 22nd, 2003 was approved by more than
two-thirds of the votes cast at the
election and Proposition A has carried.
Section 4.
The City Council, acting in its capacity
as the 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.
Section 5.
The City Clerk shall enter into the
records of the City Council of said
City a statement of the results of
said election showing:
(1) The whole number of ballots cast
in the City;
(2) The Measure voted upon;
(3) The total number of votes given
Section 6.
The City Clerk is hereby authorized and
directed to record in the office of the
Recorder of the County of Orange by
August 11, 2003 a notice of special tax
lien in the form required by Streets
and Highways Code Section 3114.5.
That the City Clerk shall certify to the
passage and adoption of this Resolution;
shall enter the same in the book of
original Resolutions of said City; and
in the records of the proceedings of the
City Council of said City in the minutes
of the meeting at which the same was
passed and adopted.
Section 7.
PASSED, APPROVED
~~al Beach, C
~ day of
vote:
the City Council of the City
meeting thereof held on the
, 2003 by the following
Resolution Number .Q]ff
NOES:
AYES:
Councilmemb
ABSENT:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
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~
,
I, Joanne M. Yeo, City Clerk of the City of Seal Beach,
California, do hereby certify that the~fore9~ Resolution is
the original copy of Resolution Number___~:lon file in the
office of the City Clerk, passed, approve an dopted by the
City Council of the City of S~~each at a eg lar adjourned
meeting thereof held on the ~day of ,
2003.
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Resolution Nwnber ~~~
EXHIBIT -A-
CERTIFICATE OF CANVASS
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I, Joanne M. Yeo, City Clerk of the City of Seal Beach,
California, pursuant to Ordinance Number 1497 adopted by
the City Council on April 14th, 2003, do hereby certify
that I have canvassed the returns of the all-mail ballot
Special Tax Election held on July 22nd, 2003, and find that
the number of votes for and against proposition A as
follows:
INITIAL BALLOT MAILING
(Based upon da~a from ~he Office
of ~he Coun~y Assessor)
25
Eligible Landowner Ballo~s 25
To~al Ballo~s Re~urned To Be Coun~ed 16
Based upon ~he formula of ODe (1) vo~e
for each acre or por~ion ~hereof owned
by said landowner(s) wi~hin ~he
boundaries of Communi~y Facili~ies
Dis~ric~ No. 2002-02 ~he 25 ballo~s
represen~ 202 vo~es.
PROPOSITION A
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Shall ~he special ~ax se~ for~h in Resolu~ion
No. 5110 of ~he Ci~y Council of ~he Ci~y of
Seal Beach be levied in connec~ion wi~h Ci~y
of Seal Beach Communi~y Facili~ies Dis~ric~
No. 2002-02 (Seal Beach Boulevard/Lampson
Avenue Landscape Main~enance) (~he "Dis~ric~"),
subjec~ ~o ~he accoun~abili~y measures provided
for in Resolu~ion No. 5110, for ~he purpose of
funding ~he main~enance of parkway and median
landscaping serving ~he Dis~ric~ and inciden~a1
expenses, and shall ~he Dis~ric~ es~ablish an
Ar~icle XIIIB appropria~ions limi~ for ~he
Dis~ric~ as an amoun~ equal ~o all ~he proceeds
of ~he Special Tax collec~ed annually wi~hin
~he Dis~ric~ and as defined by Ar~icle XIIIB of
~he California Cons~i~u~ion, as adjus~ed for
changes in ~he cos~ of living and changes in
popu1a~ion ?
YES 156
NO 25
II DATED THIS 23rd day of July, 2003.
Joanne M. Yeo, City Clerk
City of Seal Beach