Loading...
HomeMy WebLinkAboutCC Res 5064 2002-09-23 I I I RESOLUTION NO. ~t/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ACTING IN ITS CAI)ACITY AS TnE LEGISLATIVE BODY OF CITY OF SEAL BEACH COMMUNITY YACILlTIES DISTRICT NO, 20U2-1 (HERON I)OlNTE) TO DECLAIm '1'1 m NECI~SSITY TO INCUR A BONDED INDEBTEDNESS WITHIN THAT DISTIUCT AND TO ORDER SUIlMITTED TO THE QUALIFIED ELECTORS OF TnE DISTRICT PROPOSITIONS RELATING TO TilE DISTRICT RECITALS: WHEREAS, the City Councll (the "CIty CounCIl") ofthe CIty of Seal Belich, ClIlIforllla (the "City"), has prevIOusly adopted Resolution No. 5049 statll1g Its intentIOn to conduct proceedl11gs to fornl Cuy of Seal Beach Commumty Facllil1es Dlstnct No 2002-1 (HelOn Pomte) (the "Dish Ict") pursuant to the Mello-Roos Conunnl1lty Facilities Act of 1982, as amended, commencmg wuh Sechon 53311 of the Calitorl1la Government Code (the "Act") to finance certain public laClhl1es WHEREAS, the City Council has previously adopted Resolul1on No 5050 slatmg Its intenhon, 111 ItS capacIty as the lcglslal1vc body of the Dlstnct, to authollzC thc Issuance and sale ofa selles 01 bonds m the maxllI1umaggregate prinCIpal amount of$5,OOO,000, WHEREAS, Resolul1on Nos, 5049 and 5050 set Septembel 23,2002 as the dale ofa public hearing on the estabhshment of the Dlstr1l.:t, the extcnt of the DIstrict. lhe liJrmshmg of specified types of public facllil1es wlthm the Dlstnct, the proposed late and method 01 appOltlOnment of the spechll tax Wl(\un the District, aud lhe proposed debt Issue WHEREAS, a nol1ce of the puhllc hearmg was published and mailed to alllalldllwnels proposed to be mcludlld m the Dlstnct 111 accordance WIth the Act. WHEREAS, pllor to the public healing there was tiled With the City Council a rcpOlt contammg a descnption of the Hlclhtles necessary to adequately meet the needs ofthe Dlslnct and an eshmate of the cost oflimlllcmg such laCllltles as required by Secl1on53321.5 of the Act WHEREAS, at the public hearing, all persons desmng to be heard on all matters, peltallllllg to lhe establishment of the Dlstnct, to the extent ofthe DistrIct, to the furmshmg of specified types of public tacihties wltlnn the DIStllCt, to the proposed rate and method ofapporhonment ofthe specllll tux, and to the proposed debt Issues were hellrd and a full and fair hearmg was held, WHEREAS, at the public hcming eVluence was presented to the City CounCil on the mailers before It and the City CounCIl at the conclUSion of the hearIng IS fully adVised as to all mailers relating to the IOlmal1on of the Dlstnct, the levy of the specllll tax and the mcmrence of bonded llldcbtedness therem, WHEREAS, subsequent to the public hearing, the City Councll adopted Resolution NO.f4fJ!t ordenng certall1modIfical1ons in connecllon WIth the Dlstnct, estabhshmg the District und cullmg a specllll elecl10n m the District on Septembel 23,2002 (the "Resoluhon ofFolluuhon") WHEREAS, the City CounCil desiles to hold a speCial elecl10n the Dlstnct al whll..h tune there will be sublllllled 10 the qualified electors of the Dlstnct certam proposlllons relatmg to the authonzal1on to levy a specllll tax, the establishment of an appropriations hmit for the Dlslnct, and the incumng of a bonded indebtedness to pay fOl certain facilities to serve the Dlstnct WHEREAS, the City Council has detelmined that there have been fewer than twelve registered voters n:sldmg 111 the proposed boundaries of the Distnct for the penod of90 days pnOl to September 23, 2002 and that the qUllllfied electors of the Dlstnct are the landownels wulun the District NOW, THEREFORE, THE CITY COUNCIL OF TI-IE CITY OF SEAL IlEACH DOES HEREBY RESOLVE, DETERMINI~ AND ORDER AS FOLLOWS: Section 1 Necessarv to Incur Bonded Indebtedness. The City CounCil heleby declmes that It IS necessalY to l1Icur a bonded mdebledness for the DIstrict man aggl egate pllllcipdl amount not to exceed $5,000,000 as authollzed Imder tile temlS 1I1l<1 jllOVlSlOns urthe Act Resolution Number ~~~ Section 2 Purpose of Bonded Indebtedness The bonded indebtedness will be inclmed for the purpose of tinancmg the costs of designing, acquiring and constructmg the Facihhes, as defined m the City's Resolul1on No, 504911nd the Resolution of Fornlal1on, and 1I1Cldenlal expenses, mc1udmg, but not limited, to lhe tinancmg of the costs assoclllted with the Issuance of the bonds and all other costs necessary to finance the Facilllles which are pCllnitted to be financed pursuant to the Act. Secllon 3. Bond Terms The bonds shall bear mterest at a maxnnum mterest rate of 12 percent per annum or such rate not 111 excess of the maxnnu11l rate pellllltted by law at the tune the bonds are Issued, payable semiannually 01 in such other manner as the City Council or Its deSignee I shall detellTIlne, with the actulIl rate or rates IInd tnne of paymCl1t of such mterest to be detellumed hy the City Council orits designee at the time or tnnes of sale of saul bonds. The telm 0/ the honds of each senes shall be detellTIlned pursuant to a resolution ofthe City Councllauthonzing the issuance of such senes, but such term shall 111 no event exceed 31 yellrs from the date of Issuance of snch senes of bonds or such longel term as IS then pellllltted by law. Section 4 Accountabihty Measures Pmsuant to and 111 compliance With the provI~ions or ArtIcle I 5 (commencing with SectIOn 53410) of Chapter 3 ofPal1 I of DIvIsion 2 ot Title 5 ofthe Government Code, the City Council hereby estubhshcs the following accountabIlity mea.ures peltlllning to any bonded indebtedness incurred by or on behalf orthe Dlstnct. A. Such bonded mdebtedness shall be mcurred for the speCific single purpose set forth m Section 2 above. B The proceeds of any such bonded indebtedness shall be apphed only to the speCific purpose Idenl1fied in Secl10n 2 above C, The document or documents cstllblishing the telms and conclItions for the issuance of any such bonded indebtcdness shall proVide fOl the Cl eallon 0 Ian account or accounts mto which the proceeds of such indebtedness shall be deposIted. D, The City Manager, or Ius or her designee, acting fur and on behalf of the Dishlct, shall annually file a report With the City Council as Teqlllred by GoVe1l1111ent Code Secllon 53411. I Secl10n 5. Elechon. The proposition reluted to tile mCUrrIng of the bonded mdebtedness lInd the proposItion lellltmg to the levy of the Special Tax shall be combined mto one hallot proposihon, and shall be submitted to the qualified votels of the District, together with a plOpOSltllln to estabhsh an appropnations lU11It tor the Dlstnct at a specIIII elecl1on. If the combmed proposlllon for the levy of the Specllll Tax und the mcurrlng ofthe bonded 1I1debtedness and the proposlhon tlll the estabhslunent of the appropriations limit receIve the IIpPJOval of more than two-lhmls (2/3) of the votes cast on the pwposlllon, bond~ may be aUlhonzed, Issued and sold lor the purposes set forth herem, the Specllll Tax mllY be leVied as proVIded for 111 the Resolul1on of FOllnal1on and the appJOpnal1ons 1i1111t may be estubhshed as provided for in the Resolution ofFonnation Section 6 Electors Deternuned The City Council finds, based on I11fOll11atl9n plovlded by the Reglstl aT 0 f V oteTs of the Connty of Orange, that fewer than 12 regIstered volel s have been reglstercd to vote wlt1un the terntOlY of the Dlstnct for each of the 90 days proceedmg the close of the pubhc hearing herelofOle cOllllucted and concluded by the City CounCil for the pUllloses of these proceedings AccOldmgly, and pm suant to Scchon 53326 of the Act, the City Council finds that lur pmlloses of these proceedmgs the qualiticd electors are the landowners wltlnn the Dlstnct Each landownel shall have one vote 101 each acre or p0l1ion thereof thai he 01 she owns witlun the Dlslnct, as pnwuled in Secl10n 53326 of thc Act The CIty Council finds that there IS a smgle I qualIfied elector m the DlStdct. Secl10n 7. ElectIon Ollicml The City Clelk is hCl eby deSignated as the oflicllll to conduct the elecl1ons, It IS hereby acknowledged that the CIty Clerk has on tile a eel11tied map or the houndanes of the District, aud II suffiCIent desenplton to allow the City Clerk to detelmme the boundaries of the Dlstnct. Sechon 8. WlIIvel ofElecl1on ReQlllrements, The City Clelk, acltng as election o llicllll , has received a Pel1l1on from the sole quahlied elector oflhe Distnct mchcal1ng ItS consent to Wlllver of any time InTIlts specified in Section 53326 of the Act and of uther reqUIrements pel1111ning to the I I I Resolution Number ~&;~ condnct of the elcctwn The City Clerk has submitted a notice 1I1dlcatmg her concurrence, as elecl10n officllll conduct1l1g the election, with such wmver Consequllntly, all statutory reqlllremenls regardmg the tUTIlng lill the election and other electIOn reqUIrements ~el forth III such l'etil1on me waived, SectIon 9. Elechon Date, The tune for nol1ce having been wm ved by all of the qualIlied electors, the date of the special elecl10n shllll be September 23,2002 in the City Conncll Chambers, 211 8110 Sheet, Seal Beach, Cahfornia, 90740, immediately tollowing the adophon of this Resolul1on or such later date as IS consented to by the City Clerk and the landowner wltlun the Dlstnct. The voted ballots shall be j'c!urned to the City Clerk immediately following the adopl1on of tlus Resolution, and when all of the qualified voters have voted the elecl10n shall be closed. The City Clerk IS authOrized to conduct the elechon following the adoption of the Resolution ofFonnatIon and lhis ResolutIOn, and all ballots shall be received by, and the City Clel k shall close the electIOn by I 1'30 P m on the election day; provided the election shall be closed at such em lier tIme as all quahfied electors have voted as proVided in Seel10n 53326(d) of the Act. SectIOn 10 Mati Billiot. PUlsuant to the Act, the election shall be conducted by mml ballot pursuant to the Cahtornlll Elections Code. Except as otherWise proVIded by the Act, lhe elecl10n shall be conducted m accordance With the plOvlslOns oflaw regu]atlng elecl10ns ofthe City of Seal Beach insofal as such proVISIOns are detenmned by the City Clerk to be applicable SectIOn II. Oallot The City Council acknowledges that the City Clerk has caused to be delivered to the qualified elector of the District a ballot m the tonll reqUIred by the Act. The ballot indIcates the number of votes to be voted by the respecl1ve landowner to winch It pertmns The ballot wa~ accompamed by all supplies and wnttcn instructIons necessalY tOI the use and rctum of the ballot. The envelope to be used to return the ballot was enclosed WIth the ballot, had the return postage plepmd, and contal11ed the tollowing. (a) the name ofthe landowner, (b) the address of the landowner, (c) a declaratIOn, undel penalty of pel] ury, statmg that the voter IS the owner of record 01 the authonzed lepresental1ve of the landowner entitled to vote and IS the person whose name appems on the l(teutificatlon envelope, (d) the printed name amI signature ofthc voter, (e) lhe address of the voter, (f) the date of sig111ng and place of executIon ofthe declarahon descnbed as Item "c" above, (g) a nol1ce that the envelope IS IIn otlicllIl ballot and is to be opened only by the Canvasslllg Boal d The ballot proposals to be submitted to the quahfied voters ofthe District at the electIOn shall generally be as tOll~O~~' , ~j~ (t" I ' , ~p:impOSITION A 'i""a I ~ ~.I.;J,\ I ~ . .. -, Shall City of Seal Beach 'Commumty Factllty DIStllCt No 2002-1 (Heron Pomte) (the ~ - ~ I "District"), subject t~, tl!e accolllltablhtY!l1eaSUres provuled tor m ResolUl1on Nos and _ of tilt: City Cou.!l.cil.of the Clt~of Seal Beach 1I1cnr an Indebtedness and Issue a sellCS of bonds wilh mterest at a l'ate or !ates not to exceed the maXnlll11n mtelest rate penTIllted by law, to finance the faCllil1es lInd inCIdental expenses describcd m ResolutIOn No and of the City CounCIl of the Cily of Seal Beach and shall II specllll tax with a rate and method of apportIonment as prOVIded m Resolul1on Nos and _ of the City Coull\=i1 of the City of Seal Beach fOllhe Dlsl1ict be levied to pay tor the tacilities, incidentlll expenses ami other purposes descllbed 111 ResolutIOn Nos _and , mcludmg the paymentofpnnclpal and 1I1terest on bonds Issued to finance the faCllil1es and lIlcldental expenses? ))ROI'OSITION n Shall Cily of Sea] Beach Commul11ty Faellil1es Dlstnct No 2002-] (HelOn Pomte) (the "District") establish an Article XlIIB appropnatlOns limit tor the Distnct as an amount equal to all the procecds of the Spccial Tax collected annually wltlnn the Dlstnct and as delined by Arl1cle XIIIB of the Califorma Constltul1on, as adjusted lor changes 111 the cost ofhvmg and changes 111 pupulatlon'! Section 12 Return of Ballots, Ballots shall be retul1led to the CIty Clerk, acting as elecl10n OffiCIllI, no latcl than the close of the elecl1on. Section 13 Vote. The appropriate mark placed 111 the votmg squale after the word "YES" shall be counted 111 favOl ofthe adoption of the propOSl110n, and the appropnatc mark placed III the Resolution Number ~~ votlllg square at1el the WOld "NO" in the manner as authonzed, shall be counted against the adoption of said propositIOn Section 14. Agreements, That certain Fundmg and AcquisitIOn Agreement by and between the City and WL Homes, a Delaware Limited Liability Company, now on file in the office ofthe City Clerk IS hereby approved and the Mayor or the City Manager IS hereby authonzed and directed to execute and cleliver the agreement substantially m the fOrJll on file in the office of the City Clerk and presented at thiS meel1ng, with such additions thereto, or changes or msertions therem as may be approved by the Mayor or City Manager (such approval to be exclUSively eVldenced by such executIOn and delivery). I PAS~~PPR~$ZTED by the City CounCil of the City of Seal Beach this .,. ay 0 oJ 2002 by the followmg vote: cmmci'M=4~ r1-{d-1( d.~ ~-) Council Member " AYES: ABSENT: Council Members ~ Mayor NOES. I ST ATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, ~~~ certify that the foregoing Resolul1on is the original copy of Resolution Number n file m the office of the City Clerk, passed, approved, and al).opted by tile Ity C uncll of the City of Seal Beach at a meetmg thereof held on th~gAdday of , 2002 I