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Home My WebLink AboutCC Res 5063 2002-09-23 RESOLUTION NO.~ RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF SEAL BEACH TO ESTABLISH CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2002-1 (HERON POINTE), TO ESTABLISH AN AI)PROPRIA TIONS LIMIT FOR THE DISTRICT, TO AUTHORIZE, WITn MODIFICATIONS, THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, TO CALL A SPECIAL ELECTION WlTI-lIN TIlE DISTRICT AND TO TAKE CERTAIN OTHER ACTIONS I RECITALS: WHEREAS, the City Council (the "City Council") of the City of Seal Beach, CalifOlma (the "City"), has prevIOusly adopted Resolution No. 5049 statmg its intention to conduct proceedmgs to form City of Seal Beach Commumty FaClhl1es District No. 2002- I (Heron Pointe) (the "District") pursuant to the Mello-Roos Commumty Facilities Act of 1982, as amended, commencmg With Section 53311 of the Cahfornla Government Code (the "Act") to finance certain public facilil1es. WHEREAS, a copy of ResolutIOn No. 5049 settmg forth a descrlpl10n of the proposed boundaries of the Dlstnct, the faclhtles to be financed by the Disl1 ict, mcludmg mcidental expenses, and the I ate and method of apportionment of the special lax proposed to be leVied Within the District is on file m the otlice of the City Clerk of the City and, except to the extent modified by thiS Resolution, is incorporated herein by reference. WHEREAS, the City Council has previously adopted Resolul1on No. 5050 stating the City Council's intention, acting as the leglslal1ve body of the District, to authorize the issuance and sale of a seIies of bonds for the Dlstnct in maxImum aggregate principal amount of$5,000,000 to tinance the cost of designing and constructmg such pubhc fac1l111es. WHEREAS, Resolul1on Nos 5049 and 5050 set September 23,2002 as the date of a pubhc hearing on the establishment of the Distnct, the extent of the Distnct, the furnIshing of specified types of public facilities within the District, the proposed rate IInd method of apportionment ofthe special tax wltlnn the Distllct, IInd the proposed debt issues. I WHEREAS, II notice ofthe pubhc hearing was published and was mailed to 1111 landowners proposed to be mcluded in the District in accordance With the Act WHEREAS, pnor to the public hearing there WIIS filed With the City CounCil a repOlt enl1t1ed "Community Facilll1es Dlstnct Report - Mello-Roos Commumty Facihties Act of 1982 - City of Seal Beach Commumty Facilities Distnct No 2002-1 (Heron Pointc)" (the "Report") contammg a description ofthe facilities necessary to adequately meet the needs of the Dlstnct and an estunate of the cost oftinancing such faclhl1es as required by Section 53321.5 of the Act. WHEREAS, at the pubhc heanng 1111 persons desiring to be heard on all matters pel tammg to the estabhshment of the District, the extent of the District, the furmshing of speCified types ofpubhc facilities wltlun the DistIict, the proposed rate and method of apportionment ofthe special tax, and the propused debt issue were heard and a tull and tan healing was held. ..- . WHEREA~, at the pubhc hearing eVidence was presented to the City CounCil on the matters befure it and the 'City, Council at the conclusion of the hearing IS fully adVised as to 1111 mllttels lelating to the fonnation of the Distllct: the levy of the speCial tax and the mcurrence of bonded mdebtedness therem. " ~ - . WHEREAS, the CIty CounCil deSIres to proceed WIth the establishment ofthe Distnct and to I make the necessary findings to incur the bonded indebtedness. WHEREAS, the City Council desires to hold a special electIOn m the District nt which tnne there will be submitted to the qualified electors of the District certain proposil1ons rdal1ng to the authonzation to levy a ~peci,lltax Within the District, the establishment of an appropnahons Inmt for the Dlstnct and the incurrence of a bonded mdebtedness to pay for cel tain faCilities. WHEREAS, the City Conncil has detennined that there have been fewer than twelve registered voters residmg in the proposed boundaries of the Distnct tor the period of90 days prior to I I I Resolution Number ~~ September 23, 2002 and that the qualified electors of the District are the landowners within the District. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL UEACII DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Seelion 1. Recitals The above recitals are all true and eon'ect Section 2. Findlllg of ValidIty Pursuant to SectIOn 53325. 1 (b) of the Act, the City Council finds and determmes that all of the proceedmgs prior hereto were vahd and taken in confonTI1ty with the reqUirements of the law, and specifically the provisions of the Act. Section 3. Name of District. The City Council hereby establishes and declares the tormalion ofa commumty facihtIes district pursuant to the Act to be designated "CIty of Seal Beach Commumty Faclhl1es District No. 2002-1 (Heron Pomte)" Seelion 4, Modifications, The rate and method of apportionment of the Specllll Tax among parcels ofreal property ofthe Distnct, IS modified to be as shown m Exhlbll "B," attached hereto and mCOlporated herem by reference, which mcludes sutlielent detail to allow each I eSlllent or landownel wlthm tile plOposed District to eslimate the maximum amount such resIdent or owner will have to pay The modifications do not cause an increase in the special tax agamst any parcel 01 parcels SectIon 5 Facilities, The facilihes proposed to be financed by the Dlstnct under the Act shall consist of those facilities set forth on Exhibit "A," attached hereto and incorporated herein by refelenee (the "Facihlies"). The estimated cost of the Faeililies and incidental expenses to be financed IS set forth m the RepOl t, winch estimates may change as the Faeihties are deSIgned or bid for construcl1on. The City IS authonzed by the Act to contribute revenue to, or to construct or acquire the Faclhhes, allm IIccordance with the Act. The City Council finds that the proposed Facihtles are necessary to meet the mcreased demand that Will be placed upon public inlillstructUle as a result of new development within the District. Section 6 No MlIionty Protest The City Council hereby finds that wrillen protests against the establishment of the Distnct, agalllst the furnlshmg ora speCified type offaclhty Within the Dlstnct, or against the levymg ofa specified special tax Within the Dlstnct have not been filed by one-half or more of the registered voters within the boundanes of the District or by the propel ty owners of one-half 01 more of the area ofland within the boundaIies of the DIstrict l11erefore, the CIty Council finds and declares that tile special tax to be levied 111 the Dlslnct has not been precluded by majority protest plllsuant to Seclion 53324 of the Act. Section 7. Special Tax. Except where funds are otherwise aV8llable to pay for the Facilities and/or the pnncipal and mterest as it becomes due on bonds of the Dlstnct Issued to finance the Facilities, a special tax (the "Special Tax") is hereby authorized, subject to approval by two-thirds of the votes cast withlll the Dlstnct, to be leVied annually in accordance with the plUcedures of the Act withm the boundanes of the DlstIiet suffiCient to pay for the costs thereof, I11cludlllg incidental expenses, The Special Tax will be secured by the recordation of a contmuing lien agamst all non-exempt property in the District and Will be collected in tile same manner as ordlllalyad valorem propelty taxes and shall be subject to the same penall1es, procedure, sllle and lien in any case of dehmluency as applicable for lid valorem propel ty laxes. PlOvlded, howevel, such Special Tax may be collected m such other manner as may be provided by the City CouncIl. In the first year in which such a SpeCial Tax IS leVied, the levy shall mclude a sum suffiCient to repay to the City all amounts, ifany, trans felTed 10 the District pursuant to SectIOn 53314 oftheAct and mterest thereon. The proposed rate and method of apportionment of the Special Tax among parcels of real propel1y m the Dlstnet, in sutlielent detail to allow each reSident or IlIndowner to estnllate the maximum amount such reSident or owner will have to pay, is shown m Exhibit "B", attached hereto IInd incorpOlated herein by reference. The SpeCIal Tax IS based upon the expected demand that each parcel Will place on the Facilities and the benefit that each parcel denves from the nght to access the Facilihes and the City Council hereby detennmes such basis to be reasonable. In the case of allY Special Tax to pay for the Facilities to be levied against any parcel used for private resldenl1al purposes: (i) Ule maximum Special Tax shall be specified as a dollar amount Resolution Number ~ which shall be calculated and thereby established not later than the date on which the parcel is first subject to the tax because of its use for prIvate resldenlial purposes and which amount shall not be mereased over time over two percent per year; (ii) the tax year after which no further SpeCIal Tax subject to thiS sentence shall be levied or collected shall be as set fOlth m Exll1blt "B" hereto, and (Ill) under no circumstances will the Special Tax leVied agamst any parcel subject to thIS sentence be increased as a consequence of delinquency or default by the owner of any other parcel within the DISli'ict by more than 10 percent. For the pmposes hereof, a parcel is used tor "private residenl1al purposes" not later than the date on which an oceupllncy penmt for private lesldentialuse IS issued Subject to the limitations set fOlth in the prevIOus paragraph, in the event that a portion ofthe property within the Dlstnct shall become exempt for any reason, wholly or pmtlally, fi'om the levy of the Special Tax, the City CounCil shall, on behalf of the District, cause the levy to be increased, subject to the lumtalion of the maximum Specllll Tax for a parcel as set forth 111 Exhibit "8" to the extent necessary upon the remaming property WIthin the Dlstnct which is not delinquent or exempt m order to yield the Special Tax revenues required for the purposes descnbed herein. I TIle City CounCil finds that there IS not an ad valorem property tax currently bemg leVied on property wit1lln the District tor the exclusive purpose of paying principal or interest on bonds or other indebtedness mCI\rJ'ed to linance the construchon of capital facllihes whIch provllle the same services to the territory ofthe District as are proposed to be provided by the Facllil1es to be financed by the District. Section 8. Notice of Special Tax Lien. Upon recordation ofa nol1ee of special tax lien With respect to the District pursuant to Section 3114.5 of the Streets and Highways Code, a contlllulllg lien to secure each levy of the SpeCIal Tax shall attach to aU nonexempt real property 111 the District, and this lien shall contmue in force and effect until the SpeCial Tax obligal1on is prepaid and pelmanently satisfied and lien cllnceled m accordance With law or until colleclion ofthe SpeCial Tax by the City Council ceases, Section 9. AOl1ropnahons Lumt. An appropliahons lhmt for the District is hereby established, subject to voter approval, as an amount equal to alL the proceeds of the SpeCIal Tax collected annually Within such District and as defined by Article xmB of the Cuhfor11la I Constllution, as adjusted for changes in the cost of livmg and changes in populal1on, Section 10 Agricultural. Timber or Livestock Uses. The City Council hereby finds and declares that lands within the Dlstnct, if any, bemg devoted primanly to agncultural, timber or h vestock uses and bemg used for the commercial production of agricultural, timber or ploducts IS conl1guous to other land which IS l11cluded Within the District and that such lands will be beuelited by the Facihties to be prOVided withm the Disliict. Section 11, Preparahon of Annual Roll, The current Director of Finance, 211 Eighth Street, Seal Deach, CA 90740, (562) 431-2527 IS deSignated to be responsible for preparing annually, or authonzmg a deSignee to prepare, a CUITent roll of Special Tax levy obhgations by IIssessor's parcel number and for estimating tuture Special Tax leVies pursuant to Section 53340.2 of the Act Seclion 12. Renort The Report IS hereby approved and IS made a part ofthe record ofthe public hearing regardl11g the fonnation of the Dlstnct and IS ordered to be kept on tile 111 the oflice of the City Clerk and open for pubhe mspection, SectIOn 13, SpeCial Tax Accountabilitv Measures. Pursuant to and in compliance with tile proVISions of Govelntnent Code Section 50075 I, the City CounCil hereby establishes the followmg accountability measures pertaming to the lcvy by the DIstrict oflhe special tax desloTIbed in Seclion 7 above A. Such special tax shall be leVIed for the speCific purposes set forth m Section 7 hereof. I B. The proceeds of the levy of such specllll tax shall be applied only to the specllic purposes set forth 111 Section 7 hereof. C, The DISlilCt shall establish an account or accounts mto which the plOceeds of such special tax shaJl be depOSIted I I I Resolution Number ~6~ D, The City Manager, or Ius or her designee, acting fOl and on behalf of the Dlstnct, shall mmually file a repOlt with the ClIy Council as lequired pursuant to Governrnent Code Section 50075 3 Section 14. Election. The City Council herewith submits the establishment of the applOpllations limit fOl the District and the levy ofthe Special Tax to the qualified electOls of the Dlstnct, such electors bcing the landowners wltllln the District who ale the owners of record on the date hereof, or the authorized representatives thereof, wltll each landownel having one vole for each acre or portion ofacle owned, ThClC is heleby called and ordered to be on September 23, 2002, or such later date as IS consented to by tile City Clerk and the landowners withm the Dish ict, a special elechon fOl tile pUlpOSC of submitting such plOpositions to the voters The City Council hereby nllther directs tllllt the ballot proposihonlelating to the levy ofthe Special Tax and tile proposition relating to the IIlcurrmg of a bonded indebtedness be combined into one ballot proposition. The City Clclk shall conduct tile elecl1ons, shall give notice as lequired by law and shall procUle such selVlces and supplies as are necessary fur the conduct ofthe election. Except as otherwise provided by tile Act, tllC elections shall be conducted by pelsonally delivered or mailed ballot and, except as otllelwlse provided by tile Act, the elcctions s1lall be conducted in accordance WIth the plOvisions of law legulating elections of tile City of Seal Beach insofar as such provisions are detenllined by the City Clerk to be applicablc. P A~ APPROV~ ADpOPTY:D by the City Council of the City of Seal Beach !hi day of ~2002 by the following vote: AYES: Council Membe~a~~iid< rIJ::~-e,~ NOES: Council Members ABSENT: Council Members ~~ Mayor ATTEST: APPROVED AS TO FORM: City Atturney STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne~, Yeo, Clt~ C~erk oft~e,City of Seal Beach, California, d~c:..hY certify that the foregomg Resolul1on IS the onginal copy of Resolution Nu er~ on file in the office of the City Clerk, passed, approved, and adoJ'ted by th, ity ouncil the City of Sea Beach at a meeting thereof held on th~ay of , 2002. Resolution Number ~b8 RATE AND METHOD OF APPORTIONMENT FOR CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRlCT NO. 2002-01 (HERON POINTE) A Special Tax as hereinafter defined shaU be levied on aU Assessor's Purcels 111 the CIty of Seal I Beach Commumty Facilities District No. 2002-01 (Heron Pointe) ("CFD No, 2002-01 ") and collected each Plscal Year commencing m Fiscal Year 2002-03, in an amount determlllcd by the City Council of the City of Seal Beach, through the application ofthe Rate and Method of ApP0l1ionmcnt as desCribed below. All of the real property in CFD No. 2002-01, unlcss cxemptcd by law or by the provIsions hereot; shaU be taxed for the purposes, to the extent and m the manner herein provided. A. DEFINITIONS The terms hereinaftel set fOl th have the follow1llg meanings: "ACI.C 01. ACI.eagc" means the land area of an Assessor's Parcel as shown on an Assessor's I'alcel Map, or If the land area is not shown on an Assessor's Parccl Map, the land mea shown on the applicable final map, parcel map, condonllnium plan, 01. other recOlded County parcel map. "Act" means the MeUo-Roos Community Facilities Act of 1982, as amended, being Chapter 25, Divlslun 2 of Title 5 of the Govenlluellt Code oflhe Stale ofCahfonlla. "Administrative Expcnses" means the ti:>llowlIlg actual or reasonllhly eslimated costs dllectly I elated to the admimstral10n ofCFD No, 2002-01. the costs of computing tlie Special Taxes and preparing the annual Special Tax coUection schedules (whether by the CIty or deSIgnee thereof or both); the costs ofcoUectmg the Special Taxes (whether by the County or I othelwise); the costs ofrelTIltting the Specllll Taxes to the Trustee, the costs of the Trustee (mcluding Its legal counsel) m the discharge of the duties required of it undel the Indentl1le; the costs to the City, CFD No 2002-01 or any deSignee thereof of complying with m blli age rebate requirements, the costs to tile City, CFD No. 2002-01 or any deSignee thereof of cumplymg with C1ly, CFD No. 2002-01 or obligated persons dlsclosllle requirements assoclllted with a.p,I!.licable fedcral and state sccunhes laws and of the Act; the costs assoclllted wltli preparing"Special Tax disclosure statements and respondmg to pubhc inquiries legllrOing ihe'iSr.eclal Tuxes; tile costs of the City, CPD No 2002-01 or any de;ngnee thereofrelated.t?'ill1:appeal ofthc Specilll Tax; the costs assocIated with the release ofti.l11ds fi'om any escr6w a'ceollllt; and the CIty's annual adnlllllstration fees and thiId party expenses. Adnlln'istr~ti~e Exp,e}ses shall also include amounts eslimated or advanced by the City or CPD No. 20e2-01.~for any other admmistral1ve purposes of CFD No. 2002-01, includ1l1g ~ttorney's fee\an~o'thercosts I elated to commenc1llg and plllsulllg to complel1on any foreclosure/of delinoulmt Special Taxes. "'-~...F- "Assessor's I)arccl" means a lot or parcel shown 111 an Assessor's Parcel Map WIth an assigned Assessor's parcel numbel "Assessor's Pm"ccl Mup" means an offiCIal map of the County Assessor of tho:: COllnty designating pmcels by Assessor's parcel number "Assigncd Special Tax" means the Special Tax for each Land Use Class of Developed Propel1y, as determincd inuccoruance With Section C below. I "Backup Speciul Tux" means the Speellll Tax apphcllble to each Assessor's Parcel of Developed PropCJty, as detcnnined in IIccordance WIth Section C below, "Bouds" meuns any bonds orothCJ debt (as defined in Secl10n 533l7(d) ofthe Act), whether 111 one or more series, issued by the City on bchalfofCFD No. 2002-0l under the Act "CFD Admiuistrator" means an ofticial of the City, or deSignee thereof, responSIble for detennimng the Special Tax Requirement and provldlllg for the levy and collection of the Special Taxes, ResolutJ.on Number~6' "CFn No, 2002-111" means the City of Seal Beach Commnmty Facilil1es District No 2002- Ot (Heron Pointe) "City" mellns the City of Seal Beach "Conncil" means the City Council ofthe City. I "County" mellns the County of Orange, "Dcvcloped Property" means for each Fiscal Year, all Taxable Property, exclusive of Taxable Public Property and Taxable Property Owner Association Property, for winch a building pelmit for new consl1uction was Issued ancr January 1,200 I and pnor to JanulllY I of the pliOl Fiscal Year. "Fiscnl Y em"" means the peliod starting July I and endmg on the followmg June 30. "Indcntul"e" means the I11denture, fiscal agent agreement, resolulion or othel I11stlllment pursuant 10 whIch Bonds are Issued, as modified, amended and/or supplemented li-om time to lime, "Laud Usc Class" mellns any of the classes listed m Table 1 below "Maximum Specinl Tax" means the Maximum Special Tax, determmed in accordance with Seclion C below, thnt can be levied in any Fiscal Year on any Assessor's Palcel "Non-Residcntial Pl"Operty" means all Assessor's Parcels of Developed Propelty for wInch a blllldlllg penmt was issued tOl a non-residenl1al use "Outstanding Bonds" means all Bonds which are deemed to be outstanding under the Indenture" I "I'I"OpOl"tionatcly" means, for Developed Property, that the ffitio of the actual Specllll Tax levy to the ASSigned Special Tax is equal for all Assessor's Pmcels of Developed PlOp.:rty For Undeveloped PlOperty, "PropOltlOnately" means that the ratio of/he actual Special Tax levy per Acre to the Maximum Special Tax per Acre IS equal for all Assessor's Parcels of Undeveloped PlOperty, For Taxable Public Propelty and Tllxable Propelty Owner AssocllIl1on Property, "ProportIOnately" means that the ratio of the actnal Special Tax levy per Acre to the Maximwn Special Tax per Acre IS equal fOlllll Assessor's Parcels ofTaxllble Puhhc Propel1y or Taxable Property Ownel Associal1on Property, as applicable, "Pl"Operty Ownel' Association Pl"Operty" means, for each FIscal Year, any property within the boundaries of CFD No. 2002-01 that was owned by a plOpelty owner aSSOCiatIOn, mcludmg any master or sub-association, as of January I of the prior Fiscal Year. I "Public Pl"Opel'ty" means, for each Fiscal Year, any property within CFD No 2002-01 that IS owned by, irrevocably otTered for dedICal10n to, or dedICated to the federal govemment, the State, the County, the City or any other pubhc agency as of June 30 of the pIior Fiscal Year; proVIded however that any property leased by a public agency to a private entIty ami subject to taXlll10n undel Section 53340.1 of the Act shall be taxed and classlfi.:d 111 accordance with lis use To ensure that property is claSSIfied as Pubhc PlOperly mthe filSl Fiscal Year after it is acquired by, mevocably o/Tered for dedication to, or dedicated to II public agency, the property Owner shall notify the CFD Admimstrator in wntmg of such acquisition, olTer, or dedication not later than June 30 of the Fiscal Year m winch the acqUisitIOn, ofier, or dedlclllion OCCUlTed, "Residential Floor AI'ea" means all of the square footage of hvmg mea Within the perimeter of al eSldenllal structure, not mcludmg any callJort, walkway, garage, overhang, patIo, enclosed patio, 01 SImilar area, The detelmmation of ReSidentIal Floor Area shall be made by reference to the buildmg pennit(s) issued for such AssessOl'S PlIlcel. "Residentillll)ropCJ"ty" means all Assessor's Pmcels of Developed Propelty for which a bUlldmg pennll has been issued tor purposes of constmctmg one ormOle resldenl1al dwellmg umts, "Special Tax" means the special lax to be leVied m each Fiscal Year on each AssessOl'S Pmcel ofTaxabJe Plopelty to fund the SpeCial Tax Requirement Resolution Number 50hQ "Special Tax Requh'ement" means that amount reqUired in any Fiscal Year for CFD No 2002-0 I to' (I) pay debt service on all Outstandmg Bonds; (11) pay penodlc costs on the Bonds, including but not limIted to, credit enhancement and rebate payments on the Bonds, (iii) pay Admmlsl1atlve Expenses; (IV) pay any amounts lcquired to establish or replemsh any reselve funds fOl all Outstanding Bonds; (v) pay directly for acquiSItion or eonstrucl1on of CFD No. 2002-01 faCilities eligible under the Act; (VI) pay for reasonably anl1cipated delinquent Special Taxes based on the delinquency rate tor SpeCIal Taxes leVied 111 the prevIOus FlSClll Year; less (Vii) a credit for funds available to reduce the annual Special Tax levy, as determmed by the CFD Admmlstrator pursuant to the Indenture. "State" means the State OfClIlifonl1a. I "Tllxable Pl'opel'ty" means all of the Assessor's Parcels within the boundaries ofCFD No. 2002-01 which are not exempt from the Specllll Tax pursuant to law or SectIOn E below. "Taxable P1"Opel.ty Owner Association Propel.ty" means all Assessor's Parcels of Property Owner AssocIation Property that are not exempt pursuant to Secl10n E below. "Taxable Public Property" means all Assessor's Parcels ofPubhc Propelty that ure not exempt pursuant to Section E below "T1'lIstee" means the trustee or fiscal agent under the Indenture. II Undeveloped Pl"Operty" means, for each Fiscal Year, 1111 Taxable PI opCl1y not classi fied as Developed Property, Taxable Public Propeliy or Taxable Property Owner Association Property. B, ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Yeur, all Taxable Property within CFD No. 2002-01 shall be claSSified as Developed I'lOpeliy, Taxable Public Propel1y, Taxable Property Owner AssocllItlon Property, or Undeveloped Propel1y, and shall be subject to Special Tuxes m accordance with I the rute and method of apPOl1ionment detelmined pursuant to Secl10ns C and D below C. MAXIMUM SPECIAL TAX 1. Developed I'roperty a. Maxunum Special Tax The MaXimum SpeCial Tax for each Assessor's Parcel claSSified as Developed Properly shull be the greater of (I) the amount denved by apphcation of the Assigned Special Tax or (Ii) the amount denved by applicalion of the Backup SpeCIal Tax, b. Assigned Specllll Tax The Flscul Year 2002-03 Assigned Special Tax for each Lllnd Use Class IS shown below 11l Table I, TABLE 1 Fiscal Year 2002-03 Assigned Special Taxes for Developed Property in Community Fllcilities Dish'iet No. 2002-01 I (Heron Pointe) I ,'. ":--" .-, {'~lI; ,I.;:. ~. ..'..1....." .', ., . ~ ~... ~..;'-: {";j.. ;.*-, ";.' -:..'~ '.; .... J:.' ..:.'., ....'. . ~ '.r..... (,J.... I~' '-'Ii" '. ~ ~ '.' ~'\.:..' ""'L d U .. :s""" '1 '.. ." \ .....l'.w..j'. . -, ' . "lJ'" ':'P, e-l....tr., :Assigned Special 'f~x' '~J;. .O!1 se-.. ,. " :"L'~"<"Description, .:'....,'",..: ;'Residcntial Floor Arell. I'. , ... "7~,{Clnss ...~~.;. ,'J~~.. ....~. ..1' . ',01:. .01/, :~l~'v~"i ;,..~..:.:..~:-t". ~ .:";" '. ~..:!~. ~. .~. '.... .. . -'~"'. '"),,~~~""..Jj'J'~~'~ .~. -. ',"...'...,..... ;.... . .. . . .. ~... ", , , I Residentllll Property ~ 4,000 s f. $5,350 per U1l1t 2 ResldentJal Property 3,750 - 3,999 s f. $5,078 pel Ulllt 3 ResidentHlI Propel1y 3,500 - 3,749 s f. $4,900 per unit I I I Resolution Number ~6!J k..1:~::~'" -":;'. . :;'~... ...~ .' ."~"" )~~,",' ';r.:"'~.. ',' ." .,,'.. .1.~::l'. ". '::~ '-, ~.~.:a.l.!' . ,t....J .. ..,. ., ,.,. . ... ". tt-......... J II' 'r:'. ...!. I,' ...... ~ ...... . r.... p.t.:l}"~~" '......~~'.I~{ .rll.~" 'i--;.... ~.~. "'J~. :~t ~;(,:- WI ,;.t~ ;,:~ . "'!Sand Use.:' .....j,;..,. "l~""l"" r;,q .i. ,l '..--. ...J.I ~~... If. ....I~';.;..: f:' ' ,'..,', D . f' ...'. ."::.., b , Resident!aJ'Floor Area~' ; Assiiried Special.Tax- .,r~" .Gla~s~"~~;: A~P.;"'r 1" escnp 12" I ."n' ..tl" .......;':r.~..s' .r'.f v~ ...tA. ; ::"".'.r.~.~..: '..:,I~..:-....~:.t..':." ~~;:":..~':,:~ .~;.: ~. '.~;[l-', :'I:."^/J,~,;'.",.. "~". . I' .... ' .'. "',,, ," . ~ ,or"" . I. 4 Residential Ploperty < 3,500 s.f, $4,570 per unit 5 Non-Residential Property NA $41,977 per Acre c. Backup Specilll Tax The Fiscal Year 2002-03 Backup Special Tax for an Assessor's Parceluf Developed Propelty shall equlIl $41,977 per Acre. d. Increase m the ASSigned Specilll Tax and BackuJl Special Tax On each July I, cOlIUnencmg on July 1,2003 and tluough and inc1udmgJuly 1, 2012, the ASSigned Speellll Tax and the Backup SpeCial Tax shall be mcreased by an amount equal to two percent (2%) ofthe IImoulIl in elTect for the prevlUus Fiscal Year There Will be no increase 111 the ASSigned Tax or Backnp Special TIlX subsequent to July 1,2012. 2. U11developed Property, TaxlIble l'l1blic Property, lI11d TlIxnble P1"Operty OW11el' Associntio11I)l"Operty a Maximum Special Tax TIle Fiscal Year 2002-03 MaXimum SpeCial Tax for Undeveloped Property, Taxable Public Property, and Taxable Property Owner AssocllltlOn Property shall be $47,043 per ACle. b Inclease m the Maximum SpeCial Tax On each July I, commenemg on July 1,2003 and through and including July I, 20/2, the Maximum Special Tax for Undeveloped Property, Taxllble Pubhc PlOperty, and Taxable PlOperty Owner Assoclalion Property shall be 1I1creased by an amount equal to two percent (2%) of the amollllt in et1ect lor the prevIOus Fiscal Year. There WIll be no IIlcrease III the MaXImum SpeCial TIlX for Undeveloped PlOperty, Taxable Public Property, and Taxable Property Owner Association PlOperty subsequent to July 1,2012. D. METHOD OF API)ORTlONMENT OF THE SPECIAL TAX Commencmg With Fiscal Year 2002-03 and for each following Fiscal Year, the CounCil shall detenTIlne the SpecllIl Tax Reqmrement and shall levy the Spec18l Tax unlll the amollnt 01 Special Taxes equal the Special Tax Requilement. The Specllll Tllx shall be leVied each FIscal Year as tollows: First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100% of the applicable ASSigned SpeCial Tax; Second: If addItional monies are needed to satisfy the Speeilll Tax ReqUIrement nller the lirst step has been completed, the SpeCial Tax shllll be leVied ProportIOnately on each Assessor's Parcel of Undeveloped Property at up to 100% of the Maxunum Specml Tax for Undeveloped PlOperty; Third. IfadditlOnalmonies are needed to satisfy the SpeCIal Tax ReqUIrement al1er the iiI st two steps have been completed, then the levy of the Special Tax on each Assessor's Parcel or Developed Propel1y whose Maxllmun Spec1ll1 Tllx IS detemlined lIuOllgh the apphcatlOn of the Backup SpeCial Tax shall be increased in equal percentages fi'om the ASSIgned SpeCial Tax up to the MaXimum SpeclllI Tax for each such Assessor's Parcel, Resolution Number ~~~ Fourth, If additIOnal monies are needed to slllis(y the Special Tax ReqUIrement after the filst tluee steps have been completed, then the Special Tax shall be levuxl PlOportlOnately un each Assessor's Parcel of Taxable Property Owner Assoclahon Propel1y at up to the Maxlmnm Specllll Tax fOl Taxable Property Ownel Assoclal1on Property, and F1flh, Ifaddihonal momes are needed to sal1sfy the Special Tax Rcquhement allel the firsl four steps have been completed, then the SpeCial Tax shall be leVied Proportionately on each Assessor's Parcel of Taxable Public I'lOperty at up to the Maximum Special Tax forTaxable Public Propelty. Notwithstandmg the above, under no cu'cumstances Will the Special Tax levied agamst any Assessor's Parcel of Residential Property tor which an occupancy permit lor pllvate reSidential use has been Issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel withm the CFD E. EXEMPTIONS No Special Till( shall be levlcd on up to 6.2 Acres ofPropel1y Owner AssoeHll1on Propelty. Tax-exempt status Will be 111evocably assigned by tile CFD Admil11strator 111 Ihe chronological order in which property becomes Property Owner ASSOCiation Property However, should an Assessor's Parcel no longer be claSSified as Property Owner Assoclal1on Property, ItS tax-exempt status will be revoked, No Public I'lOperty shall be exempt from SpeCial Tax, except as required by law. Public Propel1y or Propel1y Owner Association PlOperty that is not exempt flOm Specilll Taxes under tillS sechon shall be subject to the levy of the SpeCial Tax and shall be taxed Proportionately as part of the fourth or fifth step in SectIOn D above, at up to 100% of the applicable Maximum SpeCial Tax for Taxable Public Propeliy or Taxable Property Owner Associal1on Propeliy. F. AI)PEALS AND INTERPRETATIONS Any taxpayer may file a written appeal of the Spec18l Tax on Ius/her property With the CFD Adm1l1lstrator, provided that the appellant IS CUlTent In Ius/her payments of SpeCIal Taxes. DUling the pendency of an appeal, all SpeclllI Taxes preVIOusly levied must be paid on or before the payment date established when the levy was made The appcal must specify the reasons why the IIppellant claims the ealculal10n of the SpeCial Tax is m error The crD Admmishator shall review the appeal, meet With the appellant If the CFD Adn1l1nstrator decms necessary, and advise the appellant of its detennination. If the CFD Adnumstratnr agrees With the appellant, the CFD Adm1l11strator shall elnmnate 01 reduce the Special Tax on the appellant's property and/or prOVide a refund to the appellant. If the CfD Adlmmstrator disagrees With the appellant and the appellant IS dissal1sfie..1 WIth the detenmnation, the appellant then has 30 days 111 which to appeal to the CounCil by tihng a wnUen notice of appeal with the City clerk, provided that the appellant IS cllnent \l1 hlslher payments of Special Taxes. The second appeal must speCify the lcasons for ItS (hsagrecment with the CrD Admmlstrator's detenninatlOn. G. MANNER OF COLLECTION I I The Special Tax will be collected m the same manner and at the same time as Oldinary ad valorem property taxes; prOVided, however, that CrD No 2002-01 may directly b1l1 the Special Tax, may collect SpeclIIl Taxes at a different tUlle or in a different mannel If necessary to meet ItS finanCIal obligalions, and may covenant to toreclose and may actually I foreclose on delinquent AssessOl's Parcels as permiUed by the Act. II. I'REP A YMENT OF SPECIAL TAX The followmg defimlion applies to this Section H, "CFD Public Facilities Cost" means Clther $3 015 million in 2002 dollars, which shall increase by the ConstructIOn Inl1atlOn Index on July], 2003, and on cach July I theledller, or such lower number as (I) shllll be dctennmcd by the CrD Adm\l1istrator as suffiCient to prOVide thc public faCIlitIeS to be plOvlded by CFD No, 2002-01 under the anlhonzed bondlllg program for CFD No 2002-01, or (n) shall he delcmllned by the CounCIl concurrently WIth a covenant that It wlll not issue any more Bonds to be suppolted by Resolution Number $6;5 Special Taxes levied under this Rate and Method of ApPOltionment us described in Secllon D I "Consh'nction Fund" means an account specifically identilied in the Indenture to hold li.1llds wlllch are currently aVllllllble for expenditure to acqUIre or construct pubhc facihhes eligible under the Act. "Constmction Inl1ationIndex" means the annual percentage change m the Engmeellng News-Record Blllldlllg Cost Index for the City of Los Angeles, measured as of the calendar year wInch ends 1Il the previuus Fiscal Year. In the event this index ceases to be pubhshed, the Construcl1on Inflation Index shllll be another index as deten11lned by the CrD Admimstrator that IS reasonably comparable to the Engllleering News-Record Bmldmg Cost Index for the City of Los Angeles "Fntlll'e Facilities Costs" means the CFD Public Facililies Cost mmus (I) public faclhty costs prevIOusly paid from the Constmction Fund, (ii) moneys currently on depOSit 111 the Construcl1on Fund, and (ill) moneys cUITently on deposit in an escrow fund that are expected to be available to finance faclhhes costs . "Ontstanding Bonds" means all PrevIOusly Issued Bonds winch are deemed to be outstand1l1g under the Indenture aller the first interest and/or pnncipal payment dute lollowmg the current Fiscal Year. "Pl'eviously Issued Bonds" means all Bonds that have been Issued by CFD No 2002-01 pnor to the date of prepayment. 1. Prepayment in Full I The obligation of an AssessOl's Parcel to PIlY the Special Tax may be prepaid and permanently salisfied as descnbed herem; proVided that a prepayment may be made only for Assessor's })llI:cels of Developed Propelty or Undeveloped Propelty for which a building pennit has been issued, lInd only if there are no delinquent SpeCial TlIxes with respect to such AssessOl'S Parcel at the time ofprepayment. An ownel of an AssessOl's Parcel intendlllg to prepay the Specml Tax obligation shall proVide lhe CFD Adminisliator with wlitten notIce ofmtent to prepllY. Within 30 days of receipt of such written notice, the CFD Administrator shall nohfy such owner of the plepayment amount of such Assessor's Parcel. The CFD Administrator may charge a reasonable tee for providing tillS servICe Prepayment must be made not less than 45 days pnorto the next occul11ng date that notice of redemptIOn of Bonds from the proceeds of such prepayment may be given to the Trustee pursuant to the Indenture, The Plepayment Amount (defined below) shall be calculated us summarized below (capitalized tenns as delined below): Bond Redemption Amount I plus plus plus plus less less Total equals Redemption PremIUm Future Facllilies Amount Defeasance Amount Admimstral1ve Fees and Expenses Reserve Fund Credit Caoitalized Interest Credit Prepayment Amount As of the proposed dute of prepayment, the Prepayment Amount (defined below) shall be calculated as follows' Resolution Number ~~~ Pa1"llgl"allh No,: Confinll that no Special Tax delll1quencles apply to such Assessor's l'aleel. 2. For Assessor's Parcels of DevelollCd Property, compute the Assigned Special Tax and Backup Special Tax apphcable for the Assessor's Parcel to be plepllld. For Assessor's Parcels of Undeveloped Propelty (for which a building permIt has been Issued) to be prepaid, compute the AssIgned SpecIal Tax ami Backup Specllll Tax fur that AssessUl 's Parcel as though it was already designated as Developed PlOperty, based upon the building permIt whIch has already been Issued for that AssessOl's Parcel. I 3, (a) Divide the Assigned Special Tax computed pursuant to paragraph 2 by the total estimated AssIgned Special Taxcs fOl the entue CFD Nu 2002-0 I based on the Developed Property SpecllIl Taxes whICh could be charged in the current Fiscal Year on all expected development through bUlldout ofCFD No 2002-01, excludmg any Assessor's Parcels which have been prepaid, and (b) Divide the Backup Special Tax computed pursuant to paragraph 2 by the estllnaled Backup Special Taxes at blllldout ofCFD No 2002-01 usmg the Backup Special Tax amount for the current Fiscal Year, excludll1g any Assessor's Parcels which have been prepaid, 4, Mulliply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the Outstllnding Bonds to compute the amount ofOutstandlllg Bonds to be rellred and prepaid (the "Bond Redemplion Amount"), 5. Multiply the Bond Redempllon Amount computed pursuant to paragraph 4 by the applicable redempl10n premium, If any, on the Outstandll1g Bonds to be redeemed (the "Redempl1on Plemium") 6. Compute the CUlTent Future FaCilities Costs I 7, Multiply the largel quotient computed pursuant to paragraph 3(a) 01 3(b) by the amount detel11uned pursuant to paragraph 6 to compute the amount of Future Facllilies Costs to be prepaid (the "FutUle Facilities Amount") 8. Compute the amount needed to pay mtClest on the Bond Redemption Amount nom the fil st bond lIlterest and/or prinCipal payment date foIlowing the current Fiscal Yem" until the earhest redemption date for the Outstandmg Bonds. 9. Detennine the Special Taxes levied on the AssessOl's Parcel in the ClllTent Fiscal Year which have not yet been paid. 10. Compute the minimum amount the CFD Admll1istrator reasonably expects to denve from the reinvestment of the Prepayment Amount (as delined below) less the Future FaCilities Amount and the Admimstrative Fees and Expenses (as defined below) liOln the date of prepayment unlll the redempl10n date fOl the Outstanding Bonds to be redeemed WIth the prepayment 11 Add the amounts computed pursuant to paragraphs 8 and 9 and subllact the amount computed plllsuant to paragraph 10 (the "Defeasance Amount") 12" Venfy the achl11l1lstralive fees and expenses ofCFD No 2002-01, lIlcludlllg the costs of computallon of the prepayment, the costs to invest the prepayment proceeds, the custs of redeemlllg Bonds, and the costs of recordlllg any nol1ces to evulence thc prepayment and the redempl10n (the "Admimsli'alive Fees and Expenses") I 13 If reserve funds for the Outstandmg Bonds, If any, me at or above 100% of the reserve requirement (as defined in the Indenture) on the plepllyment d.Jte, a leserve fund credit shllIl be calculated as a reductIOn 111 the apphcllble leserve timd tor the Outstanding Bonds to be redeemed pursuant to the prepayment (the" Resel ve Fund Credit"). No Reserve Fund Credit shaIl be granted If reserve funds are below 100% of the leselve reqlllrement. Resolution Number ~ 14. If any capitalized interest fOl the Outstanchng Bonds will not have been expended at the lime of the first interest and/or principlIl payment following the current Fiscal Year, a capitahzed mterest credit shllll be calculated by multlplymg the largel quotient computed pursuant to paragraph 3(a) or 3(b) by the expected balance in the capitalized interest fund aner such filst interest and/or prlllclpal payment (the "Capltahzed Interest Credit') I 15 The SpeclllI Tax prepayment is equal to the sum of the amounts computed plllsuant to paragraphs 4, 5, 7, 11 and 12, less the amounts computed pursuant to paragraphs 13 and 14 (the "Prepayment Amount"). 16. FlOm the Prepayment Amount, the amounts computed pursuant to paragraphs 4, 5, 11, 13 and 14 shall be deposited mto the appropriate fund as estabhshed under the Indentnre and be used to rel1re Outstandmg Bonds or make debt servICe payments The amount computed pursuant to paragraph 7 shall be depOSited into the construction fund. The amount computed pursuant to paragraph 12 shall be retallled by CFD No 2002-01. The PJepayment Amount may be sufficient to ledeem other than a $5,000 IIlcrement of Bonds, In such cases, the II1crement above $5,000 or integl al multiple thereof WIll be retlllned 111 the appropnatc fund established under the Indenture to be used With the next prepayment of bonds or to make debt servICe payments, I As a result of the payment of the current Fiscal Year's SpeCIal Tax levy as detel1mned under paragraph 9 (above), the CFD Administrator shall remove the el\11'ent Flscul Yeal's SpeclUl Tax levy for such Assessor's Parcel from the County tllX rolls. WIth respect to any Assessor's Parcel that IS prepaId, the CounCil shall cause a suitable nol1ce 10 be recorded m compliance With the Act, to IIldlcate the prepayment of Special Taxes and the release of the Speellll Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tux shall cease. Notwlthstandmg the foregoing, no Special Tax prepayment shall be allowed unless the lImount of ASSigned SpeCIal Taxes that may be levied on Taxable Propel ty witlun CFD No 2002-01 both pnor to and after the plOposed prcpayment IS at least I I tnnes the maximum anmllll debt servICe on all OutstandlJlg Bonds, 2, Pl'cpayment in Pal"t The Special Tax on an Assessor's Parcel of Developed Property or an AssessOl's Parcel of Undeveloped PlOperty for whIch a building permit has been Issued may he parlially prepaid. TIle amount of the prepayment shall be calculated as III SectlOll HI; except that a p1l111al prepayment shall be calculated accOlding to the followlIIg fOl1nula: PP=PHxF TIlese tenns have the following meaning, I pp= PH= F= the partllll prepayment the Prepayment Amount calculated accordlllg to Section H.l the percentage by which the owner of the AssessOl's Parcel(s) IS partially plepaymg the SpeclllI Tax. Resolution Number :tPh5 The owner of any Assessor's Parcel who desIres such prepayment shall notify the CFD Admimstrator of such owner's intent to partially prepay the Special Tax and lhe percentage by which the Special Tax shall be prepllld The CFD Admilllsh ator shall provide the owner with a statement of the amount required for the pal1ial prepayment of the Special Tax for an Assessor's PlIleel withlll thirty (30) days ofthe request and may charge a reasonable fee for providlllg this sel"Vlce, WIth respect to any Assessor's Parcel thaI IS parl1ally prepllld, the CIty shall (I) dlstnbute the funds remllted to It aeeordmg to Section H,l, and (n) mdICate in the records ofCFD No 2002-01 that there has been a partial prepayment ofthe Special Tax and that a porhon of the Special Tax with lespect to such Assessor's Parcel, equal to the outstand1l1g percentage (I 00 - F) of the remaimng MaXimum SpecIal Tax, shall contlllue to be levied on such Assessor's Parcel pursuant to Section D I, TERM OF SPECIAL TAX The Special Tax shall be leVied for the penod necessary to fillly satisfy the SpeCial Tax Reqll1relpent, but m no event shall it be levied aller Fiscal Year 2042-43 I I I PROOF OF PUBLICATION (2015.5 C.C.P.) I STATE OF CALIFORNIA, County of Orange 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 fhe 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 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. q/I),. all in the year 2001, I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, CA, this~day of ~~k< 2001, U~, Signature I PUBLICATION PROCESSED BY: THE SEAL BEACH SUN 216 Main Street Seal Beach, CA 90740 (562) 430-7555 ReS91u.tion NanCE OF THE PUBUC HEAR- ING ON THE ESTABLISHMENT OF CITY OF SEAL BEACH COMMUN~ TY FACIUTlES DISTRICT NO. 2002-01 (HERON, POINTEl. THE PROPotlED RATE AND MEtHOO OF APPORTIONMENT OF A SPE- CIAL TAll TO BE LEVIED WITHIN THE~ICTANDTHEP~ POSED ISSUANCE OF DEBT , ON BElfALF OF THE DISTRICT , , NOTICE IS HEREBY GIVEN lhat al 7'00 o'dock p m on September 23. 2002. Or as soon thereafter as practi- cable. alll1e Cau,..d Chambers 0I1I1e Clly 01 Seal Baach. 211 Elghlh SIraet, SaiII Baach, CaJ,lomIB 90740.lhe C,ty Counal 0I1I1a ClIy 01 Seal Baach. ee~ IfomlB WIll hold B publIC heama on the IlS18bllShmenl 01 City 01 Saar8each CommunIly Faall.. blslllcl No. 2002- 01 (Heron Polnle) ~he "D'sfne!"). 1I1e proPOSed _ and malhod oIlIIlpor- t,onmanl of 1I1e speClaiIax ~he 'Sp. clal TII!l"lIO be levied on cerlaln pr0p- erty wlltiln thl D,slrleI and the pro- posed luuance 0' dabl on beheII 01 Ih~~~~"..' .r~"',. . '. 1- . . On August 12. 2002. lhe CIIy Coun- cd 011110 ClIyol Seal Beach. eeRllma adopled R8soMIon No. 5048 elallng 118 Inlentton to form the OlStnct pur-' suanllO lI1a Mello-Rooa Con)","mly FeeIY""e Act 0/1982. es amendeil (Ihe 'Ae!") and adopIsd lis RssoMK" No. 5060. slallng Os 1I1Is-. 10 ..1110- rIze Ih. Issuance and sale of bonds In. Ihe maxImum aggregate principal amount 01 $6.000.000, Ihe '-Ymsnl 01 whfch Is 10 be secured by the So.' cia! Tax Summarle8 of Resolution No 5048 snd RssoIullon No.Ii05O ... set fOrth below. . .. At the h.arI~.' the tesu~ny 018~ I InIs....ed po...no, including aJllax- payeTS or pelSOns owmng property In Ihe Brea, for or &gaInslthe eslablrsh- ment allhe DIStrtct, the 8Xl8nt of the DISlnct,'the furmshlng of a speallBd type or types 01 public facllrbe&. or the propossCI dsbllssuance wm be heard. n 50 pelCenl or more of the reglslenKl YOI81S res~ Within Ihe terntory pr0- posed 10 be Included .n Ihe DIsInCl. or Ihe owners 01 one-harf or more of the area of the land In the 18mto!'Y pro- posed to be Included In the District and nolelCSmpl from Ihe Spsaal Tax, 'Iio wnusnfmteslS sualnslthe 8SIBbo IIshmenl 0 Ihe Dlslriel, and pmtlsCS are not Wdhdrawn so as to reduce the value 01 the protests to less than 8 m8JQnly, no further pn:x:eedI~ ID cre- ale the DIstrict or to levy the Special Tax shell be Iaksn for a ponad 0' OIlS year flom the dale 01 the d8QSlOl"l of Ihe Council, If lI1e maJonly proI..1s or Ihe leglsleled voters or Ihe IandownsrB are only against the fur- nrshmg of a specd.ed type or types of loolltlBs wllhfn the Dlsirtct. or BgalnsI ISvylng e spsclned speClaiIax, 1I1..a IypSsof'_ or the specllIed.".. clal tax shall be ellmrnated from Ihe ..soIuhon oIlormaUOn. ' ' The proposals 10 Isvy II1e _ Tax and to Incur bonded Indebtedness she. be subm,lISdlOlI1e_1lIsc> 1018 al. spsaaI aJllClIOII ,The quslhsd electors of the Dlstrlcl shall be the landowners of the DI&IdcI. Wdh each landowner haYIng one vole for each acre or pomon ofan acre of land thai he or she owns WIU1n the 0IsIncL BaI- lols lor Ihe sp8Cl81 election may be dlslnbuled by mad wllh relum po:fSlage prepaid ~r by personals.MOB.' " Number ~'E TIle CO_I"" 01 RssoIubon No 5049 and Resolullon No. 5050 and the proposed rale and melhod 0' apportlonmenl of the SpeCial Tax among pall1els 01 rseI propeoty In the DlSlnct are on file In the oRlce of the City Clerk alld available for public Inspecllon. , ~ " . lliou haveenyqussoons. _csl Ihe Olloee 0' Ihe C,ly Clerk al (562) 0131-2527 DATED THIS 5111 day 0' SsplSmber. ~oo;> " CITY OF SEAL BEACH By Joanne M YBO. ColyClslk I Sull1lllllllss of Resolutions No 5049 snd 5050: RESOumON NO 5049 REsoUmON OF INTEfoITION OF THE CITY COUNCIL , OF THE CITY OF SEAL BEACH TO ESTABLISH CITY OF SEAL BEACH COM- MUNITY FACILmES DISTRICT NO. 2002-o1IHERON POINlE) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN CITY OF SEAL BEACH . COMMUNITY FACILmES DlS- iRlCT NO 2002-01 " (HERON POINTE) " , .~ RECITALS' r ~ '~:' _ .' - . ....... .. ~ ' .~-. , WHfREAS.IheCIIY COIINCR. /Jhe "Coly Councll"r oIlhe CITY OF SEAL BEACH (lhe "Clty') da"'..s \0 under. lake pruceedl\gs 10 eslablash . com- 'l1IUI1llyfscdobssdlslllc:lplllSUanllOlI1e Mello'Rooe Community FecI1lUss Ad or 1982. as amended. commencing w1111 Section 53311 oIlhe CaJlfomli Government Code (the -Act-). 10 Ilnanee publiC 'aclllUes to .elVe Ihe 1Illlll001lind__.and " ,~ .. , WHEREAS. there'has been submll- ted 10 Ihe Clly Council a poIIbon 01 WI. Homes. u.c; a D_ Lmlsd LJ. bll,ly Corpo..lIon (Ihs ~Landownel') rsqUSSllng 1I1e 1ormaI~1Ius City Coilnal 01. 00II1IlIIIII\y dIIl1rlcl pullUlll1llO,lheAc:J.1IJ1!l ' .,', WHEREAS. Ihs Ad aUlhorlzss 1I1e CIty Councd 10 establish a convnunl- ly faallU.. d,sInc1and 10 levy spsClai taxes Within thai cl&lrIcl I . _. ~ ' r. NOW. THEREFORE. THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HERESY RESOLVE. DETERMINE AND ORDER AS FOL- LOWS., .\ :....' : SeclIOI11 Intenbon' The City Coun- cil hereby declares lis InIentJori 10 con. duel proceedlf9for lhe IonnabOn 01 a communQy facIIIUes dIStrict under lhelSlIIISoIlhe~ ",.' SecUon 2. Name 01 DlllrleI The name of Ih8 proposed COI1'ITIUMy facal- Ille. dlllrlct II "Clly of Seal Beach Conmunoly F_ DIsIncI No 2002- 01 (H~ron ""'....r (~"llIstncl") Resolution Number :(;1; 3 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 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 A8258~; 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: q/,"^ all in the year 2001. I certify (or declare) under penalty of perjury that the foregoing is true and co rrect. Dated at Seal Beach, CA, this~day of ~~\-e{, 2001. Wu., Signature PUBLICATION PROCESSED BY: THE SEAL BEACH SUN 216 Main Street Seal Beach, CA 90740 (562) 430-7555 Secllon 3. I eOundane8 of Orstrfcl ' The extenorboundadn of the Ol&tnct are shown on thai certain ~ now on Ille In Ihe office of the CIIY Cleric enllUod "Proposod SoundOJlos of CIIy of Seal Beach Communlly Facllllles Dlslrtct No 2002-01 (HelOll Polnlel'" whICh map Indlcales by a boundary line Ihe 8Jdonl of the temloly 1ncIud- od In Ihe proposed D1s1Jtct end shaD govem lor en delalls 85" 1h.1lldenl of the DISIncI On the orfJl!nal and one copy of luch map. the ""Y Cleric shan end0fS8lhe carlltale evidlnq U1e dale and adoPllon of this ResoIUllon The CIIy Clerk lhell file the 01l!l1l1ll of llUC/1 mop In h.r oIhce end, WIlhIn 15 days after the adopUon of this Reso- llbOn. Ih. CIIy Clorfc sheD file . copy of sucl1 ~ so BndoI&ed In Ihe f8cords of the COunty ReCOnfer;County of Orang., SIeIli of CaIlIomIe. _ In eny &'lent \his map shall be flied no later Ulan 15 days tie""" Ihe public heenng """",foed In Secllon 7 b.low. .' ' Section 4 F~CIIIIIIS. The type of public facilities Proposed 10 be pro- VIded within the OlslncI Ind 10 be financed under Ihe Act shall COnsist 01 those faalllles Sill fanh on Exhlbll -At- allached hereto and Incorporal- ed herein by reference (lhe -Facll'. lies"). The Clry Counel tiereby fmds lhallhe proposed Faclllbes are nee- essal'Y to meet mcreased demands placed upon the Clly 8S a resull of d8V8~BnI necumng In the District The FactldlBS .,,01Y be acqull8d from one or mont properly owners as com- gleled publoc lacillll88 pursuant 10 Ste- Ion 53314.9 of the Act and/or con- structed wllh UISlrfCllunds pursuant to Section 53316 2 ollhe Act Th. coot of Ih. FeahUes shall Indud.1ncJ. denial expenses, as defined In Exhlb- II-A- and may Include reimbursement r of money advanced by the owner of property wIthin the District to pay developmenl lees chergod bylhe CIIy and used by the Clly 10 Unanee Improvements. SocIlon 5 5pecIeJ Tax. a "Exaipt where funds are OIh8IWJSe _10 pey lor lhe Feallb.. end/o( lhe pnnapaI _ 111I....... n becomes due on bonds of 100 DISlrtCllosuod 10 finance the Faclllllcs, 111& the Inten- lion of lhe CIIy Cou!1C11 to levy amually In accordance with procedures con-I talned In the Act a special tax (the .Sp8Cllll Tax") Wllhln Ih. DIolnc\ ouff_ cfentto pay for the cosls thereof, Includlllg IncKfental expenses - The Sp8CIal Tax Will be llICUIOd by lOCO" datfon of a continuing U!ltn P911I"lt '!II non-exempl reel property In the 0.&-. Irtct and WIll be collected In the same mBMel' 81 0RIInIIIy ad valorem prop.' erty laxes are coReeted, or In such other numner as may be PfOVIded by I the CIIy COuncll_ng. wllhout a... italian, 'direct bllllllg onhe .Recled ~ owner, and &hall be subj&cl1O Ihe same panalUes, procedure, sale and Uen pnonty In CB8I of deDnquert- C'/85 ""pi_I. lor ed _rem prop- erty lues: In the Oral year In whICh such a SplClBl Tax IS IlvIed, the levy shaQ Indilde a sum lufflClenllO repay 10 the City all amounll, I' any, lrans- ferred 10 the OI8b1et pursuant 10 Sec- tion 53314 of the Acl and Interest thereon' . . .'" -. - b The propoood raI. _ me!hod or eppo_m.nt 01 the SpeaeI Tax (\he "Ride end M8II1ocr) lllIIIlng pan:els 01 real property In the DIStrict, In suffi- CIent d8l811to allow each resident or IlII1downer WIthin Ihe Proposod D.... InellO eaUmale the ITIBXfrnUm amount such resident or owner will have to pay, IS shown In ExhlbJt -B,- atI8ched hereto and Incorporelod htHaIn by 101- el8f1C8. The Special Tax 15 based on the expected domond theloech pen:el 01 raeJ plOp8rty W1fhIn Ihe proposod DI. I 'rlet WIll place on the FacllIbes and on the benefllthal each parcel denves lrom the nght 10 ecce..'he FOClldl85 The Clay Coune" he~ detemunes lhe rate _ me!hod or eppolllonmenl 01 the Soecral Tax set forth In Exhibit -S- lor Ih. o.elrlclto be reBlOnable' The obllgBbon 10 pay Ihe SP8Clal Tax :r:;r.~ PlO~ ~ set fol1Ji In Exlub- '. :'c rnthe~ofanySpedafTaxto pay for the Facilities 10 be leVied against any parcel used for pnvale reokIonbal pwposes. (,) Ihe maximum Special Tax shall be specified 88 a dollor amount which Ihall be "'cu- Ialod _ lhereby esIabIoshod 1101_ than the date on whiCh the parcells first lubjocllo Ih. laX because of dl use for pnvall r8Sldenllal purpous and which Bmount shall nol bl Increased overtime overlwo percent PO'yee" (II) lhe lax yeer _wto:h no fur1l1er SpeaeI Tax subject 10 1h1S.... ....,. oheII be 18YIod or collectod lheB be as set forth In Exhlbd. -g- herelG, and (III) under no clrcumSlances wia the SpeaeJ Tax _.... eny per- celsubJect 10 thiS senlence be Increasei:f as B consequence or delln- quenoy or defauII by the owner 01 eny _rpen:el _ the Dtolllcl by 11I010 than ten percent, For the PUrpo&88 hereof, a parcel I. used for -pnvste 1081den1ll1 puopooes'l1OI_lhan the datIon which an occupancy permit for Prlva~ raoKle_ use 10 i"""od S.cllOn 6. BondI. 1110 the Inlenl of the Clly Council, &Cling as the leg- IsJalrve body 01 the D.lslrlcl, to cause I bonds to be ISlued under the Acl on behalf of Ihe Olstrrctlo fmance, In whole or In parl.1he acqws&Uon and/or conslroclJon of the FilClhll8s. Bonds will be In the aggregate pnnclpal amounlof nol to exceild $5,000,000. at a maximum Interest rate not In excess oIlWel\/8 percent per anru" or such rale noIln excess of the maxi- mum rate permlUBd by laW at lhe time the bonds are Issued, and the term of the bonds of each senes shall not exceed thlrty-one yesl'S from the dale , of ISsuance of such series of bonds or such longer term as Is then permlUed Ibyl.w ' SIICbon 7: Heertng A ~ heartng (the -Hearlng-) on Ihe establishment of the Dlsmcl, Ihe extent oflhe OIS- Irtc\, Ihe Iurmshlng of specJllld typos 01 public facllmes within the DlslrIeI, and the proposed rate and method of epponlOnmont 0I1h. SP8CIal Tax oheII be held on Soptember 23, 2002. at 7 00 pm, or as soon Ihereafter 8S pracllcBble, at the chambers of the CIIy CouIlClI oIlhe CIIy or Seal Beach, 211 Elghlh Slreet, Seal Beach, Call- lorrna 90740 Allhe Hearing, any Interested person or taxpayer, IncIud- ,Ing an persons ownl~ lands or regiS- tered 10 VOle WIthin IhiI proposed OIS- bict, may appear and be heard, .. t ,. - 'f .'.),... }, SocIlon 8" RePort.. Tlfe CIIy offICII' who Is or will be responSIble for the FaClllb88 to be ilniiliCid by ihe Olb- 1ncI, ~ n 10 __,IS henoby alOc\- ed 10 8Iudy the propoeod DISIIlcI _, alar before the bme oflhe above- menllOl1ed Heanng, Ide, or cause to I 'be 111ed.'& nIpJl\ wfth \he CIly CouncI, whIch Is to be made a part ol'the ~ record ollhe Heanng, conI8lnlng the !~IowIng. ;---~-' I PROOF OF PUBLICATION (2015,S 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; 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 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: q//J-" all in the year 2001. I certify (or declare) under penalty of perjury that the foregoing is true and co rrect. I Dated at Seal Beach, CA, th;s~day of ~ 2DO. Uu' Signature PUBLICATION PROCESSED BY; THE SEAL BEACH SUN 216 Main Street Seal Beach, CA 90740 (562) 430-7555 Resolution Number ~~ - ....-........--,--.-. ,. (a) a b~ef descnpbDn aHllt'FlltIi- .tI8. by type which w~1 In his or ,.. opinion tie reqUired to 8dequdlely meellhe needS of 1111 0IsInct, and '.' . . (b) an estlmele 01 the fair and rea. &onable cost olllnancmg the FiJCIII- IllS, Including Ihe COIl of acqultlng land and easemenl, and any Iner. denial expensos, and Including the' cosls of tha pronosad bond Dnanclng and all other re:aled costs. as provkr- ed lor In Secbon 53345 3 ollhl Act. 'SactJon Advone.. 1I1a CIty may accept acfvance.s of funds or work In- kind from any source, including, but not hmlled to. private persons or p..... vatl sohlles. and Is authorized and doraclad 10 usa such Iunds Ollhal work In-kind lor any aulhorlzed purpose. Including. bUlltolllmlled to. paYing any cost Incu", d IJy the City In creal- Ing the Dlslnet The Clay may enler Into an agreem-:.nt With the pelSOn or enldy advancing Ihe lunds or wort-In- khf. to repay 011 or a portion of the funds advanced, or to rellnbur&8 the person or entity lor the value. or cost., whichever IS less. of the work-uHclnd. as __ by Iho Cdy CounaI, wdh or Wlthoul ~teresL SecllQn 10 rublrshed NOllee ' The C,ty Cla'" Is h<reby dlracled 10 pub- lish a nallee (-; :olfce' of tho Heanng pursuant to S.I...:lon 6061 of the GOY- emment Codo "l a newspaperol gan- eml C1n:u1ebon 1" Jbllshed I1Ihe area of the proposed .)Istrlcl Such Nottee shaD ba subsll.. ',ally In Iha lonn spac- died In SacIlon , 3222 0/ Ihe Act. Pub- lication of the Uotlce shall be com. pIalad at laasl 7 day& prlor 10 Iha data oIthaHaalll1g _ Sacbon 11 I lied NolIee 1I1a City CIa'" Is I1araby ..actad to sond a copy of the Nobce of the Hearing by flrs(- class 1IIilII, pc. ,loIge prepaid, to each raglstarad wk - and 10 aach 1andown- er Within the proposed District as shown on the I.Ast equalized assess- ment roll Mali,ng of the Notice shall be compleled 01 leasl 15 days pnor to Ihe date 01 tho Heanng. h SacllOn 12 VoUng ShouldthaColy Councd detenT,lne 10 fonn the Dlslnct, B special elec.hon wiD be held wlllnn the DISb1d 10 ilUthorIze the ~ 01 bonds and the levy 0/ fha Speaal Tax In accordanco With the procedures conI8u1ed In SecbOn 53326 of the Acl II hsld. tl1a proposad VOlIng procadura aI the eIecbOn W1H be a landowner vole With each landowner who Is the owner of record 01 land wllhln the OIstnct al the dose of tht! HBBnng, or &he autho- nzed represonlallve thereof, haVing one vote for earJ1 acre or portlOl1 theni- of owned W1L"ln thl!l OJ!l;lnC'1 RAllollII for the Special elecflon may be dls: trlbuted bY. mall With retum postage prepaid or by pBlSOna!servlce. ~" .",' , : Secti'on 13 Tender of Bonds Exceptio the extent limited In any bond resoIuUon or lrustlndenture relal- ed to the Issuance of bonds, the CItY Council hereby reserves to Itsell all nghts and powers sat forth In Section' 53344 1 of the Ad (ralahng to tanclars 01 bonds In lull or partial PBYJ!1enl of any Installment 01 the IpeCI8! tax or the Inlere&l or penallles thereon which may be due or dllllnquent) . r PASSED, APPROVED AND -ADOPTED this 12th day 01 August, 2002. ,.. .. , .. , ..' ,Mayor ..' ATTEST' . ..' CftyCla'" : '. " ~~ " , ,.". , . " ..,;". . :~,;'."''fi _.. .,4 lo-~r j. ..J..-.... 'c.. '. i .. ..: ,- RESOLutioN Ni).l5056 "'..., . . RESolUTIOIriW INreiiili1i liF TMEClrrODtJN:CJJ,..: '~:'.!.-.J:' .... . . OF THE CITY OF SE/lL BeACH TO INCUR BONDED INDEBTEDNESS WITHIN PRO- POSED CITY OF SEAL BEACH . . COMMUNITY F.ACILITlES DlS,' 1IlICTNO.2002.o1 ,.' ''''. .',,' T.. "_'1' J!..... '(HERON POINTE)~--: '. . -':-': ,'.. ' -".~' :;,: 'y:'(.. ":, RECITALS. . -..., .'.' .. .,' .1 WHEFIEAi tha CITY COUNCIL o.;a "CIty COUI1ClI") 0/ fha CITY OF SEAL BEACH. (the "'CIlY") has heretofore adopted Resoluaon No. 5049 (the' 'Raso/ut'on 0/ InlanlJon"), slab~' C,tyCounclrsInlantJonto fonnC of Seal Baach Community FacII_ tnd No 2002.o1(Haron Ranch) (tha 'D1strlcl") pursuanllo fha MaIIo-Roos Communlly Facllnes Act of 1982. as amended. commencing With Section 53311 of the Caldomla GCMlmment Coda (fha '~. 10 flnanca fac~,Uas 10 serve the DIStrict. Including Incl. dental BJCp8n&88, as further pnMded In Ihe Resolution ollnlentlon (the -FacdlbSS"), and WHEREAS, the City Council esO. males that Ihe amounl required to Ilnanee the Facilities Is $5.000.000, and WHEREAS. In order 10 finance lhe F8ClldreS illS necBSSB~ 10 Incur boncJ. ad Indebtedness on bOhaII of the DIs- tllct In an amount nol to exceed $5,000,000, tha rapaymenl bI whlch Is 10 ba sacurad by spjcIaI....._ In accordance with Secbon 53340 el ssq of lheAdonal ~prop- elly Within the DISInCL . , NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE DETERMINE AND ORDER AS FOL: LOWS. . . SsclJon 1 eon.iad Ind_dn.... II 1& necessary to Incur bonded Indebt- edness Within the boundaries of the proposed Dlslnctln an amount not to exceed $5,000.000 to IInance the cosls of tha Fa...s for the Dlstnct Seellon 2 pu:rose The bonded andeblednass WI be mcurred forth. purpose of finanCing the costs of designing, constructing, and acqulr. Ing Ihe Faallbas, 1nc:IudIi1g, but nollm- lied 10, fha l1nanc1ng of the COSIs ..... cl8lec1 With lhe lS8uance 01 the bonds and all olher costs necessary to nnance the FaCilities which are per-' mlllad 10 ba IInanced pursuanllo tha Ad . . Section 3. leons It IS lhe Inlenl of the City Council. acbng 8S the leg. ISIabve body of the DastnCl. 10 autho- nze the Issuance and sale 01 one or more senn 01 bonds In the maximum ![IOgregate principal amount of $5,000,000 at B maxmum Intel'BSl rate o. 12 percenl per aMum or such rale nolln excess of the maximum rate permitted by law 81lhellme the boOOI are Issued The term oIihe bonds 01 pach senes shall be determined pur- suant to a l8SOIubon 01 the CtIy eoun: cll authorizing the Issuance 01 luch s8fles. but such lenn &hall In no evenl exceed 31 year. from th. dale 01 Issuance of such series 01 bondl or such longer term aliI then pannlfted by law. Resolution Number ~b.3 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 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 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: q/lA all in the year 2001. I certify (or declare) under penalty of perjury that the foregoing is true and co rrect. Dated at Seal Beach, CA, this~day of t;e~k{, 2001. U~, Signature PUBLICATION PROCESSED BY: THE SEAL BEACH SUN 216 Main Street Seal Beach, CA 90740 (562) 430-7555 SecIIon 4. H...... A pubRc heanng (the -Hearlna1 on the proposed debt fssus shalluii held September 23. 2002 at 7 00 p.rn . or as soon there. after as pracUcabJe. at the chBmbsrs of !hi Oily Councol of 'ho Clly of 5..1 Booch. 211 EighIh S1rooI. 5001 Beach. Collfornl09074D. Any InlolO6'od por- Ions,' Including all persons owning land or registered to vale withIn the proposed o.s1r1c~ may _r ond be heard at the Heanng " SedIori 5. VO\QJ 111~ ~Io ncur banded n:se&Iedneis I1Ihe max- Imum aggregate principal amount of $5.000.000 ShoJI bo submll11ld 10 Iho quaDDed electors of the District at a special olec11On BalI"S shan be dis- tributed to the qualHled electors by mal WIIh ralllm postage prepaid or by personal selVlel. ....t ':":,~ lQ , S~oh-;'8~'P~bIl8hed"!N'ai~,.:::n;e CIty Clorl< Iii Mri!6v di......d.1<i puo. Ilsh a notice ("NOIlca= Hoadoo and 1110 spocoaI bond pu...- Ita SectiOn 8061 of the Govemment COde.ln a newspaper of general clr-J culallon Clrculaled Wdhln fie r~ Dlstrlct- Such'Notlce'shlll b8.J!ub- stanbally'ln the fonn SP8CIfIed 1n Sec- tion 53346 of Ihe Act The publlcallon' .01 the NoDce shall be comptelad al. ,1oasI7dayoboforaI!!0~.~.~, ~lhOHeartng ._,_ , ""_"". I 'Soc1Ion 7, Madod Nobco' Tho O'1y Olall<ehoraby_lOllOTldoc:opy of the Nollce allhe Heanng by f".I- class ma.'. pllSlago prepa'd. 10 oach _lOrod valOr aiId 10 _lOndowll- er Within the proposed District as=shown on the last eguallzed assess- men' roll, Mad.ng of !ho NoUca shall be compIoIOd a1_15dayo priorlo 1110 dalO 011110 Hoanng. , , PASSED. APPROVED and ADOPT- ED !his 12th day 01 AugusI, 2002 " - I I , Mayor ATTEST, C.lyClork , Publoshad In 'ha Soal Boach Sun 9/12102 - . ,." , . I