Huntington Beach Municipal Code Art. I General Provisions

This chapter shall be known and may be cited as the "City of Huntington Beach Special Tax Financing Improvement Code," and shall be referred to in this chapter as the "Code."

(3417-6/99, 3546-4/02, 3751-11/06)

A. This Code is adopted pursuant to Section 500 of Article V of the Charter of the City of Huntington Beach. In proceedings had pursuant to this Code which are a municipal affair, any general laws referred to in this Code are deemed a part of this Code.

B. In the event that any proceeding had pursuant to this Code shall be adjudged a state affair, it is declared to be the intention that the proceedings were had pursuant to any applicable general law or laws.

C. This Code provides an alternative method of financing certain public and private capital facilities and municipal services. The provisions of this Code shall not affect or limit any other provisions of law authorizing or providing for the furnishing of facilities or services, or the raising of revenue for these purposes. The City may use the provisions of this Code in conjunction with the Mello-Roos Community Facilities Act of 1982, as amended (commencing with Section 53311 of the California Government Code) (the "Act"), or any other method of financing part or all of the cost of providing the authorized kinds of public and private capital facilities and municipal services. Actions not otherwise addressed in this Code shall be otherwise governed by the provisions of the Act.

D. This Code shall be deemed to provide a complete, additional and alternative method for actions authorized hereby and shall be regarded as a supplemental and additional to the powers conferred by other laws, including the Act.

(3417-6/99, 3546-4/02, 3751-11/06)

A. Any provision in this Code which conflicts with any general law or act shall prevail over the other such provision in connection with any proceedings taken pursuant to this Code.

B. In the event any portion of this Code shall be declared illegal, unenforceable or unconstitutional, such provision shall be deemed severable from the rest of the provisions of this Code.

(3417-6/99, 3546-4/02, 3751-11/06)

The local agency may take any actions or make any determinations which it determines are necessary or convenient to carry out the purposes of this Code and which are not otherwise prohibited by law.

(3417-6/99, 3546-4/02, 3751-11/06)

This Code shall be liberally construed in order to effectuate its purposes. No error, irregularity, informality, and no neglect or omission of any officer, in any procedure taken under this Code, which does not directly affect the jurisdiction of the legislative body to order the installation of the facility or the provision of service, shall void or invalidate such proceeding or any levy for the costs of such facility or service.

(3417-6/99, 3546-4/02, 3751-11/06)

The failure of any person to receive a notice, resolution, order, or other matter shall not affect in any way whatsoever the validity of any proceedings taken under the Code, or prevent the legislative body from proceeding with any hearing so noticed.

(3417-6/99, 3546-4/02, 3751-11/06)

Unless the context otherwise requires, the definitions contained in this article shall govern the construction of this Code.

"Act"

means the Mello-Roos Community Facilities Act of 1982, as amended (commencing with Section 53311 of the California Government Code).

"City"

means the City of Huntington Beach.

"City Clerk" or "Clerk"

means the City Clerk of the City of Huntington Beach.

"City Council"

means the City Council of the City of Huntington Beach.

"Community facilities district" or "district"

means a legally constituted governmental entity established pursuant to this Code and the Act for the sole purpose of financing facilities and services.

"Cost"

means the expense of constructing, installing or purchasing the public facility and of related land, right-of-way, easements, including incidental expenses, and the cost of providing authorized services, including incidental expenses.

"Debt"

means any binding obligation to pay or repay a sum of money, including obligations in the form of bonds, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long-term contracts.

"Incidental expense"

includes all of the following:

The cost of planning and designing public facilities to be financed pursuant to this Code, including the cost of environmental evaluations of those facilities.

The costs associated with the creation of the district, issuance of bonds, determination of the amount of taxes, collection of taxes, payment of taxes, or costs otherwise incurred in order to carry out the authorized purposes of the district.

Any other expenses incidental to the construction, completion, and inspection of the authorized work.

"Landowner," "owner" or "owner of land"

means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of the land by the City Clerk. Notwithstanding the foregoing, "landowner," "owner" or "owner of land" means, with respect to any land which is the subject of a condemnation action, the person entitled to possession of the land pursuant to such condemnation action, or with respect to land to which the City or Redevelopment Agency has fee title, the person having a leasehold interest in the land for a term exceeding 40 years. The legislative body has no obligation to obtain other information as to the ownership of the land, and its determination of ownership shall be final and conclusive for the purposes of this Code. A public agency is not a landowner, owner, or owner of land for purposes of this Code, unless the land owned by a public agency would be subject to a special tax pursuant to Section 3.56.040 or unless the public agency has acquired possession to the land through a condemnation and has made the certification required in Section 3.56.300.

"Legislative body"

means the legislative body or governing board of any local agency, and with respect to the City means the City Council.

"Local agency"

means any city or county, whether general law or chartered, special district, school district, joint powers entity created pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1, or any other municipal corporation, district, or political subdivision of the state.

"Rate"

means a single rate of tax or a schedule of rates.

"Redevelopment Agency"

means the Redevelopment Agency of the City of Huntington Beach.

"Services"

means the provision of categories of services identified in Section 3.56.110. "Services" includes the performance by employees of functions, operations, maintenance, and repair activities. "Services" does not include activities or facilities identified in Section 3.56.120.

(3417-6/99, 3546-4/02, 3751-11/06)