HomeMy WebLinkAbout97-76 - Notice of Special Tax Lien in Community Facilities District No. 97-1 (Sunflower Ave Utility Undergrounding)t
RESOLUTION NO. - 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, DECLARING THE
RESULTS OF A SPECIAL ELECTION AND DIRECTING
THE RECORDING OF NOTICE OF SPECIAL TAX LIEN
IN COMMUNITY FACILITIES DISTRICT NO. 97-1
(SUNFLOWER AVENUE UTILITY UNDERGROUNDING).
THE CITY COUNCIL (the "Council") OF THE CITY OF COSTA MESA
(the "City") DOES HEREBY RESOLVE AS FOLLOWS:
WHEREAS, this Council adopted a Resolution (the "Resolution of Formation")
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, FORMING COMMUNITY FACILITIES DISTRICT NO. 97-1 (SUNFLOWER
AVENUE UTILITY UNDERGROUNDING), AUTHORIZING THE LEVY OF SPECIAL
TAXES THEREIN, AND PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT
THEREFOR" (the "CFD"), pursuant to the Mello -Roos Community Facilities Act of
1982, as amended, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with
Section 53311 of the California Government Code (the "Act"); and
WHEREAS, this Council also adopted a resolution (the "Resolution to Incur
Indebtedness") entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, DETERMINING THE NECESSITY TO INCUR
BONDED INDEBTEDNESS WITHIN COMMUNITY FACILITIES DISTRICT NO. 97-1
(SUNFLOWER AVENUE UTILITY UNDERGROUNDING"), determining the necessity
to incur bonded indebtedness in the maximum aggregate principal amount of
$2,800,000.00 upon security of the special tax to be levied within the CFD pursuant
to the Act; and
WHEREAS, under the provisions of the Resolution of Formation and the
Resolution to Incur Indebtedness, and pursuant to a Resolution Calling a Special
Election (the "Election Resolution") heretofore adopted by this Council, the
propositions of the levy of the special tax, establishment of the appropriations limit,
and incurring bonded indebtedness were submitted to the qualified electors of the CFD
as required by the provisions of the Act; and
WHEREAS, pursuant to the terms of the Election Resolution, which are by this
reference incorporated herein, the special election has been held and the City Clerk
has on file a Canvass and Statement of Results of Election (the "Canvass"), a copy
of which is attached hereto as Exhibit A; and
WHEREAS, this Council has reviewed the Canvass, finds it appropriate, and
wishes to complete its proceedings for the CFD;
NOW, THEREFORE, IT IS ORDERED AS FOLLOWS:
1. Recitals. The foregoing recitals are all true and correct.
2. Issues Presented. The issues presented at the special election were the
levy of a special tax within the CFD, incurring bonded indebtedness in
the maximum aggregate principal amount of $2,800,000.00, and the
approval of an annual appropriations limit of not to exceed
$2,800,000.00, all pursuant to the Resolution of Formation and the
Resolution to Incur Indebtedness.
3. Canvass and Issues Approved. The Council hereby approves the
Canvass and finds that it shall be a permanent part of the record of its
proceedings for the CFD. Pursuant to the Canvass, the issues presented
at the special election were approved by the qualified electors of the CFD
by more than two-thirds (2/3) of the votes cast at the special election.
4. Proceedings Approved. Pursuant to the voter approval, the CFD is
hereby declared to be fully formed with the authority to levy the special
taxes, to incur the approved bonded indebtedness, and to have the
established appropriations limit, all as heretofore provided in these
proceedings and in the Act. It is hereby found that all prior proceedings
and actions taken by this Council with respect to the CFD were valid and
in conformity with the Act.
5. Notice of Tax Lien. The City Clerk is hereby directed to complete,
execute, and cause to be recorded in the office of the County Recorder
of the County of Orange a notice of special tax lien in the form required
by the Act, such recording to occur no later than fifteen (15) days
following adoption of this Resolution by the Council.
6. Effective Date. This Resolution shall take effect upon its adoption.
PASSED AND ADOPTED this 18th day of August, 1997.
ATTEST:
T.
Deputy City lerk of the City of Costa Mesa
4
Mayor -of tile City of Costa Mesa
yV(t �vr Iry T�v�.
AP OVED AS TO FORM
14.E B - (-
CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council
of the City of Costa Mesa, hereby certify that the above and foregoing
Resolution No. 91- 174 was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof held on the 18th day of August, 1997, by the
following roll call vote:
AYES: F 10/11A q&)
NOES: �J0,JP
ABSENT: IT -U FFA
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 19th day of August, 1997.
T.
Deputy City Ce k and ex -officio Clerk of
the City Coun ' of the City of Costa Mesa
EXHIBIT A
CANVASS AND STATEMENT OF RESULT OF ELECTION
CITY OF COSTA MESA
Community Facilities District No. 97-1
(Sunflower Avenue Utility Undergrounding)
I hereby certify that on August 18, 1997, I canvassed the returns of the election held on
August 18, 1997, in the Community Facilities District No. 97-1 (Sunflower Avenue Utility
Undergrounding) of the City of Costa Mesa and the total number of ballots cast in said District
and the total number of votes cast for and against the measure are as follows and the totals as
shown for and against the measure are full, true and correct:
Qualified
Landowner
Votes
Community Facilities District No. 97-1
(Sunflower Utility Undergrounding)
of the City of Costa Mesa,
Special Tax Election, August 18, 1997. g
Votes
Cast ffsTl` Q
BALLOT MEASURE: Shall the City of Costa Mesa incur an
indebtedness and issue bonds in the maximum aggregate principal
amount of not to exceed $2,800,000, with interest at a rate or
rates not to exceed the maximum interest rate permitted by law at
the time of sale of such bonds on behalf of Community Facilities
District No. 97-1 (Sunflower Avenue Utility Undergrounding) (the
"CFD"), the proceeds of which bonds will be used to acquire
and/or construct certain facilities and pay for the costs of issuing
the bonds and related expenses; shall a special tax payable solely
from lands within the CFD be levied annually, commencing in the
City's fiscal year 1998-99, upon lands within the CFD to pay for
the principal and interest upon such bonds and pay the costs of
the City in administering the CFD, and shall the annual
appropriations limit of the CFD be established in the amount of
$2,800,000?
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 18th day of
August, 1997.
By: .
ty Clerk
City Costa Mesa
Exhibit A
Page 1