HomeMy WebLinkAbout06-26-1995 Item #25BY THE CI I -Y COUNCIL
CITY OF NEWPORT BEA(
", 4 1995
.JILL. c.
41.r._...�.
June 14, 1995
CITY OF NEWPORT BEACH
DEPARTMENT OF FINANCE
Interdepartmental Memorandum
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
,JUN 2 6 1995
W111
TO:
FROM:
SUBJECT:
HONORABLE MAYOR AND MEMBERS OF THE CITY C
Dennis Danner, Director of Finance
CIOSA RESOLUTIONS
DISCUSSION:
The City of Newport Beach and The Irvine Company entered into the Circulation
Improvement and Open Space Agreement (CIOSA) on June 30, 1993. This agreement
allows for the petition of the Council to form a Special Improvement District for the sale
of debt to finance public improvements including the construction of various street
improvements, including access roads, sidewalks, street widening, signal relocations,
median rework and landscaping, and storm drain facilities. This debt will be serviced
by assessments on the improved property.
At the Council meeting of June 12, 1995, the City Council approved the Special
Improvement District Report, a Resolution of Formation of the City of Newport Beach
Special Improvement District No. 95-1 (CIOSA), a Resolution Determining the
Necessity to Incur Bonded Indebtedness, and a Resolution Calling for a Special Election.
In order to proceed with the formation of the Special Improvement District the City
Council must now take several additional actions. In connection with the referenced
financing the City Council must approve the Official Ballot, a Resolution Declaring the
Results of the Special Election, an Ordinance Levying Special Taxes, and a Notice of
Special Tax Lien.
RECOMMENDATION:
It is respectfully recommended that the City Council approve the Official Ballot, a
Resolution Declaring the Results of the Special Election, an Ordinance Levying Special
Taxes, and the Notice of Special Tax Lien.
06/14/95 4:23 PM CIOSA.DOC
CITY OF NEWPORT BEACH
SPECIAL IMPROVEMENT DISTRICT NO. 95-1
(CIOSA)
CANVASS AND STATEMENT OF RESULTS OF ELECTION
I hereby certify that on June 26, 1995, I canvassed the returns of the election held on
June 26,1995, in the City of Newport Beach Special Improvement District No. 95-1 (CIOSA)
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:
City of Newport Beach Special
Improvement District No. 95-1
(CIOSA) Special Tax Election, June
26,1995.
Qualified
Landowner Votes
Votes Cast YES NO
121 121 121 0
BALLOT MEASURE: Shall the City of Newport Beach incur an indebtedness and
issue bonds in the maximum aggregate principal amount of $29,000,000, 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 City of Newport Beach Special Improvement District No. 95-1
(CIOSA) (the "District"), the proceeds of which will be used to finance certain public
improvements; shall a special tax payable solely from lands within the District be levied
annually upon lands within the District to pay for said public improvements, the principal
and interest upon such bonds and the costs of the City in administering the District, and
shall the annual appropriations limit of the District be established in the amount of
$29,000,000?
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 26th day of
June, 1995.
LIM
Wanda E. Raggio, City Clerk
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH DECLARING RESULTS OF SPECIAL
ELECTION AND DIRECTING RECORDING OF NOTICE OF
SPECIAL TAX LIEN
WHEREAS, in proceedings heretofore conducted by the City Council pursuant to the
City of Newport Beach Special Improvement District Financing Code (the "Code"), the City
Council, on June 12, 1995, adopted a resolution entitled "A Resolution of the City Council of
the City of Newport Beach Calling Special Election for the City of Newport Beach Special
Improvement District No. 95-1 (CIOSA)", calling for a special election of the qualified
electors within the City of Newport Beach Special Improvement District No. 95-1 (CIOSA)
(the "District");
WHEREAS, pursuant to the terms of said Resolution, which are by this reference
incorporated herein, said special election was held on this date, and the City Clerk has on
file a Canvass and Statement of Results of Election, a copy of which is attached hereto as
Exhibit "A'; and
WHEREAS, this City Council has reviewed and hereby approves said canvass.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport
Beach as follows:
Section 1. The issues presented at said special election were the incurring of a
bonded indebtedness in the maximum aggregate principal amount of $29,000,000, the levy
of a special tax within the District to be levied in accordance with the rate and method of
apportionment heretofore approved by the City Council by its Resolution, adopted June 12,
1995, entitled "A Resolution of the City Council of the City of Newport Beach of Formation
of the City of Newport Beach Special Improvement District No. 95-1 (CIOSA), Authorizing
Levy of a Special Tax Within the District and Preliminarily Establishing an Appropriations
Limit for the District", and the approval of an annual appropriations limit of not to exceed
$29,000,000 pursuant to said Resolution.
Section 2. Pursuant to said Canvass on file with the City Clerk, the issues presented
at said special election were approved by the qualified electors of the District by more than
two-thirds of the votes cast at said special election.
Section 3. Pursuant to said voter approval, the District is hereby declared to be fully
formed with the authority to incur bonded indebtedness and to levy special taxes as
heretofore provided in these proceedings and in the Code.
Section 4. It is hereby found that all prior proceedings and actions taken by the City
Council with respect to the District were valid and in conformity with the Code.
Section 5. The City Clerk is hereby directed to 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 Code, said recording to occur no later than fifteen days following adoption
by the City Council of this Resolution.
Section 6. This Resolution shall take effect immediately upon its adoption.
APPROVED and ADOPTED by the City Council of the City of Newport Beach on
June 26, 1995.
ATTEST:
Wanda E. Raggio, City Clerk
-2-
John W. Hedges, Mayor
C/
EXHIBIT A
CITY OF NEWPORT BEACH
SPECIAL IMPROVEMENT DISTRICT NO. 95-1
(CIOSA)
CANVASS AND STATEMENT OF RESULTS OF ELECTION
I hereby certify that on June 26, 1995, I canvassed the returns of the election held on
June 26,1995, in the City of Newport Beach Special Improvement District No. 95-1 (CIOSA)
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
Votes Cast YES NO
City of Newport Beach Special
Improvement District No. 95-1
(CIOSA) Special Tax Election, June
26,1995. 121
BALLOT MEASURE: Shall the City of Newport Beach incur an indebtedness and
issue bonds in the maximum aggregate principal amount of $29,000,000, 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 City of Newport Beach Special Improvement District No. 95-1
(CIOSA) (the "District"), the proceeds of which will be used to finance certain public
improvements; shall a special tax payable solely from lands within the District be levied
annually upon lands within the District to pay for said public improvements, the principal
and interest upon such bonds and the costs of the City in administering the District, and
shall the annual appropriations limit of the District be established in the amount of
$29,000,000?
IN WITNESS WHEREOF, f HAVE HEREUNTO SET MY HAND this 26th day of
June, 1995.
Wanda E. Raggio, City Clerk
A-1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
I, Wanda E. Raggio, City Clerk of the City of Newport Beach, California hereby certify
that the foregoing is a full, true and correct copy of a Resolution duly adopted at a regular
meeting of the City Council of said City duly and regularly held at the regular meeting place
thereof on June 26, 1995, of which meeting all of the members of said City Council had due
notice and at which a majority thereof were present; and that at said meeting said
Resolution was adopted by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
An agenda of said meeting was posted at least 72 hours before said meeting at 3300
Newport Boulevard, Newport Beach, California, a location freely accessible to members of
the public, and a brief general description of said Resolution appeared on said agenda.
I further certify that I have carefully compared the same with the original minutes of
said meeting on file and of record in my office; that the foregoing Resolution is a full, true
and correct copy of the original Resolution adopted at said meeting and entered in said
minutes; and that said Resolution has not been amended, modified or rescinded since the
date of its adoption, and the same is now in full force and effect.
Dated: .1995
Wanda E. Raggio, City Clerk
ORDINANCE NO.
ORDINANCE OF THE CITY OF NEWPORT BEACH LEVYING
SPECIAL TAXES WITHIN THE CITY OF NEWPORT BEACH
SPECIAL IMPROVEMENT DISTRICT NO. 95-1 (CIOSA)
WHEREAS, on May 8, 1995, the City Council adopted a resolution entitled "A
Resolution of the City Council of the City of Newport Beach Declaring Intention to Establish
a Special Improvement District and to Authorize the Levy of Special Taxes" (the
"Resolution of Intention") stating its intention to establish the City of Newport Beach
Special Improvement District No. 95-1 (CILOSA) (the "District"), pursuant to the City of
Newport Beach Special Improvement District Financing Code (the "Code"), to finance
certain facilities (the "Facilities");
WHEREAS, notice was published as required by the Code relative to the intention of
this City Council to form the District and to provide for the Facilities;
WHEREAS, the City Council has held a noticed public hearing as required by the
Code relative to the determination to proceed with the formation of the District and the rate
and method of apportionment of the special tax to be levied within the District to finance a
portion of the costs of the Facilities;.
WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining
to the formation of the District and the levy of said special taxes were heard, substantial
evidence was presented and considered by the City Council and a full and fair hearing was
held;
WHEREAS, subsequent to said hearing, the City Council adopted resolutions
entitled "A Resolution of the City Council of the City of Newport Beach of Formation of the
City of Newport Beach Special Improvement District No. 95-1 (CIOSA), Authorizing the
Levy of a Special Tax Within the District and Preliminarily Establishing an Appropriations
Limit for the District" (the "Resolution of Formation"), "A Resolution of the City Council
of the City of Newport Beach Determining the Necessity to Incur Bonded Indebtedness
Within the City of Newport Beach Special Improvement District No. 95-1 (CIOSA)" and "A
Resolution of the City Council of the City of Newport Beach Calling Special Election for the
City of Newport Beach Special Improvement District No. 95-1 (CIOSA)", which resolutions
established the District, authorized the levy of a special tax with the District, and called an
election within the District on the proposition of incurring indebtedness, levying a special
tax, and establishing an appropriations limit within the District, respectively; and
WHEREAS, an election was held within the District in which the eligible
landowner electors approved said propositions by more than the two-thirds vote required
by the Code.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDAIN AS FOLLOWS:
Section 1. By the passage of this Ordinance the City Council hereby authorizes and
levies special taxes within the District pursuant to Sections 319 and 601 of the Code, at the
rate and in accordance with the method of apportionment set forth in Exhibit A to the
Resolution of Formation (the "Rate and Method of Apportionment"). The special taxes are
hereby levied commencing in fiscal year 1995-96 and in each fiscal year thereafter until the
earlier of (i) the date on which the CIOSA District Improvement Fund Requirement (as
defined in the Rate and Method of Apportionment) has been reduced to zero and there are
no bonds of the City issued for the District (the "Bonds") outstanding, or (iii) the fiscal year
ending June 30, 2036.
Section 2. The Finance Director of the City is hereby authorized and directed each
fiscal year to determine the specific special tax rate and amount to be levied for the next
ensuing fiscal year for each parcel of real property within the District, in the manner and as
provided in the Rate and Method of Apportionment.
Section 3. Properties or entities of the State, federal or local governments shall be
exempt from any levy of the special taxes, to the extent set forth in the Rate and Method of
Apportionment. In no event shall the special taxes be levied on any parcel within the
District in excess of the maximum tax specified in the Rate and Method of Apportionment.
Section 4. All of the collections of the special tax shall be used as provided for in the
Code, the Rate and Method of Apportionment and in the Resolution of Formation
including, but not limited to, the payment of principal of and interest on the Bonds, the
payment of the costs of the Facilities, the replenishment of the reserve fund for the Bonds,
the payment of the costs of the City in administering the District and the costs of collecting
and administering the special tax.
Section 5. The special taxes shall be collected from time to time as necessary to meet
the financial obligations of the District on the secured real property tax roll in the same
manner as ordinary ad valorem taxes are collected. The special taxes shall have the same
lien priority, and be subject to the same penalties and the same procedure and sale in cases
of delinquency as provided for ad valorem taxes. In addition, the provisions of Section 713
of the Code shall apply to delinquent special tax payments. The Finance Director of the City
is hereby authorized and directed to provide all necessary information to the auditor/tax
collector of the County of Orange and to otherwise take all actions necessary in order to
effect proper billing and collection of the special tax, so that the special tax shall be levied
and collected in sufficient amounts and at the times necessary to satisfy the financial
obligations of the District in each fiscal year.
Notwithstanding the foregoing, the Finance Director of the City may collect one or
more installments of the special taxes by means of direct billing by the City of the property
owners within the District if, in the judgment of the Finance Director, such means of
collection will reduce the administrative burden on the City in administering the District or
is otherwise appropriate in the circumstances. In such event, the special taxes shall become
-2-
delinquent if not paid when due as set forth in any such respective billing to the property
owners.
Section 6. If for any reason any portion of this Ordinance is found to be invalid, or if
the special tax is found inapplicable to any particular parcel within the District, by a court of
competent jurisdiction, the balance of this Ordinance and the application of the special tax
to the remaining parcels within the District shall not be affected.
Section 7. This Ordinance shall be in full force and effect from and after the
expiration of thirty (30) days from the date of its final passage.
Attest:
Wanda E. Raggio, City Clerk
John W. Hedges, Mayor
I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly
adopted and passed by the City Council of the City of Newport Beach in regular meeting
assembled on the day of , 1995 by the following vote to wit:
AYE:
NOES:
ABSENT:
ABSTENTION:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said
City this day of . 1995.
Wanda E. Raggio, City Clerk
-3-
t 24005.07 • RIHW.GH:6et . 5117M
at 6/7195
t
CITY OF NEWPORT BEACH
SPECIAL IMPROVEMENT DISTRICT NO. 95-1
(CIOSA)
SPECIAL IMPROVEMENT DISTRICT REPORT
2-
0 0
CITY OF NEWPORT BEACH
SPECIAL IMPROVEMENT DISTRICT NO. 95-1
(CIOSA)
INTRODUCTION. The City Council of the City of Newport Beach did, pursuant to
the provisions of the City of Newport Beach Special Improvement District Financing Code
(the "Code "), on May 8, 1994, adopt a resolution entitled "A Resolution of the City Council
of the City of Newport Beach Declaring Intention to Establish a Special Improvement
District and to Authorize the Levy of Special Taxes" (the "Resolution of Intention "). In the
Resolution of Intention, the City Council expressly ordered the preparation of a written
Special Improvement District Report (the "Report "), for the proposed City of Newport
Beach Special Improvement District No. 95 -1 (CIOSA) (the "District ").
The Resolution of Intention ordering the Report did direct that the Report generally
contain the following:
1. A brief description of the facilities by type which will be required to adequately
meet the needs of the District, and
2. An estimate of the fair and reasonable cost of the facilities, including the cost
of acquisition of lands, rights -of -way and easements, any physical facilities required in
conjunction therewith and incidental expenses in connection therewith, including the costs
of the proposed bond financing and all other related costs as provided in Section 702 of the
Code.
For particulars, reference is made to the Resolution of Intention for the District, as
previously adopted by the City Council. '
NOW, THEREFORE, I, the Director of Public Works /City Engineer of the City of
Newport Beach, do hereby submit the following data
A. DESCRIPTION OF FACILITIES. A brief description of the proposed facilities
is as shown in Exhibit "A' attached hereto and hereby made a part hereof.
B. PROPOSED BOUNDARIES OF THE DISTRICT. The proposed boundaries of
the District are those properties and parcels in which special taxes may be levied to pay for
the costs and expenses of the facilities. The proposed boundaries of the District are described
on the map of the District on file with the City Clerk.
-I-
3
0 0
C COST ESTIMATE. The cost estimate for the facilities for the District is set
forth in Exhibit 'B" attached hereto and hereby made a part hereof.
Dated: June 12,1995
_2.
By:
Don Webb, Director of Public Works/
City Engineer
v
•
•
CITY OF NEWPORT BEACH
SPECIAL IMPROVEMENT DISTRICT NO. 95-1
(CIOSA)
FACILITIES TO BE FINANCED
Facilities
The planned public improvements include the construction of various street
improvements, including access roads, sidewalks, street widening, signal relocations,
median rework and landscaping, and storm drain facilities, including all costs of
engineering, design, planning and coordination incident thereto. The facilities shall be
constructed, whether or not acquired in their completed states, pursuant to plans and
specifications approved by the City of Newport Beach and the applicable officials thereof.
Other
Bond related expenses, including underwriters' discount, appraisals, reserve fund,
capitalized interest, bond counsel, bond and official statement printing and all other
expenses related thereto, and administrative fees of the City and the Bond trustee or fiscal
agent related to the District and the Bonds.
A -i
r
EXHIBIT B
CITY OF NEWPORT BEACH
SPECIAL IMPROVEMENT DISTRICT NO. 95-1
(CIOSA)
COST ESTIMATE
ACQUISITIONS AND CONSTRUCTION
INCIDENTALS
(a) Report Preparation and other City
Administrative Costs
(b) Bond Administration and Registration
(c) Bond and Official Statement Printing
(d) Boundary Map Preparation
(e) Special Tax Consultation Fees
(f) Bond Reserve Fund
(p) Bond Discount
(h) Legal Fees
(i) Capitalized Bond Interest
(j) Appraisal
CONTINGENCIES
TOTAL
B -1
;. •rrr rrr
AA ` 0
.JONES HALL HILL & WHITE,
A PROFESSIONAL LAW CORPORATION
ATTORNEYS AT LAW
CHAIR ES F. ADAMS
STEVEN MCASALE0010
MICHAEL D. CASTELT.I
THOMASA.DOWNEy
ANDREW C. HALL.JH.
OREO 11MMINGTON
CIC S FHKR X. LYNCH
WTLLIAM H. M DLSON
DAVMJ.OSTER
BRIAN D. QUINT
PAULJ.TIK01NaO
DAVID A. WALTON
SHAHON STANTON WHTTE
June 2,1995
WFOJV_ A14 a.
To: Distribution
FOVB EMBARCADEHO CENTER
NINETEENTH FLOOR
SAN FRANCISCO, CA 94111
(415)391.5780
FACSDNUME
(416)3916794
F,MAIL' BhaRingt=@#dIWA
KENNETH LJONES
OFCOUNSEL
HORSEY J. H^ �. (1988.1999)
Re: City of Newport Beach Special Improvement District No. 95 -1
(CIOSA) Special Tax Bonds
Ladies and Gentlemen:
As most of you know, the election for the City of Newport Beach Special
Improvement District No. 95 -1 (CIOSA) (the "District "), which was originally scheduled for
June 12, 1995, has been rescheduled for June 26, 1995. Therefore, the proceedings to be
undertaken on June 12, 1995 will include only those matters up to and including the calling
of the special election.
For the City Council meeting of June 12, 1995, enclosed please find the following:
1. Order of Proceedings for Hearings. The Order sets forth the agenda to be
followed to conduct the hearings and for the adoption of the items needed to complete the
formation of the District and to call the election.
2. Special Improvement District Report. The Report describes the facilities to be
provided by the District. The Director of Public Works /City Engineer was directed to
prepare the Report by the first Resolution of Intention adopted for the District on May 8,
1995. Exhibit B to the Report is required to set forth the estimated costs of the various
facilities and the costs to issue the bonds and to administer the District. I will work with
Dennis Danner, John Gibson and Dan Tonini to complete Exhibit B prior to the City
Council meeting. One copy of the completed Report must be signed by the Director of Public
Works /City Engineer and filed with the City Clerk by June 12, 1995.
To:;Dist�.bution •
June 2,1995
Page 2
3. Resolution of Formation. This Resolution officially forms the District,
authorizes the special taxes to be collected and calls for the required landowner vote on the
levy taxes and the establishment of an appropriations limit for the District. The exhibits to
this Resolution describe the facilities to be financed and the formula by which the special
taxes will be levied in the District. I am hereby requesting John Murphy to provide to the
City Clerk a conformed copy of the Rate and Method of Apportionment for insertion as
Exhibit A to the Resolution.
4. Resolution Determining Necessity to Incur Bonded Indebtedness. This
Resolution makes the determination to issue bonds to be paid from the special taxes levied
within the District. The Resolution also calls for the required landowner vote on the
issuance of bonds.
5. Resolution Calling Special Election. This Resolution sets the election for
June 26, 1995 and provides the form of the special ballot to be used by the landowner voter.
6. Official Ballot and Envelope. This is the ballot material to be used by the
landowner voter to vote in the election. By its copy hereof, The Irvine Company is
requested to use the Ballot and Envelope to vote at the June 26, 1995_ election.
I have included in Bob Burnham's package a floppy disk containing copies of the
above items.
If you have any questions or comments, please do not hesitate to call.
Very truly yours,
24005-02
rMWGH:bt
mt
0
CITY OF NEWPORT BEACH
SPECIAL IMPROVEMENT DISTRICT NO. 95-1
(CIOSA)
OFFICIAL BALLOT
SPECIAL TAX ELECTION
(JUNE 26,1995)
5/]5/95
6/2/7+
This ballot is for a special, landowner election. You must return this ballot in the
enclosed postage paid envelope to the office of the City Clerk of the City of Newport Beach
no later than 7:00 p.m. on June 26,1995, either by mail or in person. The City Clerk's office
is located at 3300 Newport Boulevard, Newport Beach, California, 92663. Alternatively, you
may hand deliver the ballot to the City.Clerk in the City Council Chambers, 3300 Newport
Boulevard, Newport Beach, California 92663 no later than 7:00 p.m. on June 26, 1995.
To vote, mark a cross (X) on the voting line after the word "YES" or after the word
"NO ". All marks otherwise made are forbidden. All distinguishing marks are forbidden
and make the ballot void.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City
of Newport Beach and obtain another.
BALLOT MEASURE: Shall the City of Newport Beach
incur an indebtedness and issue bonds in the maximum
aggregate principal amount of $29,000,000, 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
the City of Newport Beach Special Improvement District No.
95 -1 (CIOSA) (the "District'), the proceeds of which will be
used to finance certain public improvements; shall a special
tax payable solely from lands within the District be levied
annually upon lands within the District to pay for said public
improvements, the principal and interest upon such bonds
and the costs of the City in administering the District, and shall
the annual appropriations limit of the District be established in
the amount of $29,000,000?
Yes: X-
103
By execution in the space provided below, you also indicate your waiver of the time
limit pertaining to the conduct of the election and any requirement for analysis and
arguments with respect to the ballot measure, as such waivers are described and permitted
by Sections 316(a) and 317(b) of the City of Newport Beach Special Improvement District
Financing Code.
Number of Votes: 121
Property Owner. The Irvine Company
The Irvine Company, a Michigan
corporation D 1-14
By:
Its:
0
Builders
Authorized to Publish Advertisements of all kinds i ding public notices by
Decree of the Superior Court of Orange County, California. Number A•6214,
September 29, 1961, and A•24831 June 11, 1963.
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) SS.
County of Orange )
I am a Citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to
or interested in the below entitled matter. I
am a principal clerk of the NEWPORT
BEACH -COSTA MESA DAILY PILOT, a
newspaper of general circulation, printed and
published in the City.of Costa Mesa, County
of Orange, State of California, and that
attached Notice is a true and complete copy
as was printed and published on the
following dates:
June 15, 1995
I declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on June 15 199 s
at Costa Mesa, California.
SignatLVe
0
NKIU
W
E
in Code (the "Cotle' "). not later Ihan 7:00 p.m. on the P110'-pd of Section
NOW THEREFORE, BE IT June 26, 1995, and when 316 0l the Cotle requiringg e
RESOLVED Dy the City all of me qualified voters minimum of 90 days lol-
PUBLIC NOTICE Council of the City of New- ha soled the auction lowing the adoption of the
port Beach as follows: sh. closed. Resolution of Formation to
RESOLUTION Section 1. Pursuant to SeI,,on 5. Pursuant to elapse before said special
NO. 95.76 Sections 316, 707 and 315 Section 317 of the Code, election is for the prOIOC-
A RESOLUTION OF of the Code. the issues of the election shall be con. Lion of the qualified elector
THE CITY COUNCIL the levy Of said special tax, ducted by mall or hand- of the District. There Is on
OF THE CITY the incurring of bonded in• delivered ballot pursuant to lily with the City Clerk a
debtedness and the estab- Section 1340 of the Caltfor- written petition executed by
OF NEWPORT BEACH lishment of said appiopda. nia Elections Code. The the qualified elector of the
CALLING SPECIAL Lions limit shall be sub- City Council hereby finds District requesting -a short-
ELECTION FOR THE mined to the qualified elec• that paragraphs (a),(b),(c) ening of the time for said
CITY OF tors of the District at an (1) and (c)(3) of said SSso- special election to expedite
NEWPORT BEACH election palled therefor as Lion 1340 are applicable to the process of formation Of
SPECIAL provided below. this special election. the District and waiving any
IMPROVEMENT Section 2. As authorized Section e. The City Clerk requirement for analysis
by Section 709 of the shall cause to be delivered and arguments in connec-
DISTRICT NO. Code, the three proposi• to each of the qualified Lion with the election. Ac-
95.1 (CIOSA) tions described In Section electors of the District a cordingly, the City Council[
v}HEREAS, on this date, 1 hereof shall be combined ballot In the form set forth finds and determines that
the City Council adopted a Into a single ballot mea• in Exhibit "A" hereto. Each said qualified elector has
resolution entitled "A Reso• sure, the form of which is ballot indicates the number been fully apprised of and
I iOnn of the City Council of attached hereto as Exhibit of votes to be voted by the has agreed to the short-
the City of Newport Beach "A" and by this reference respective landowner to aned time for the election
of Formation of the City of incorporated herein. Said which it pertains. and waiver of analysis and
Newport Beach Special Im- form of ballot Is hereby ap- Each ballot shall be ac• arguments, and has
provement District No. 95 -1 proved. companied by all supplies thereby been fully pro -
(CIOSA), Authorizing the Section 3. The City Coun. and written instructions lecled In these pro.
Levy Of a Special Tax cil hereby finds that fewer necessary for the use and ceedings. The City Council
Within the District and Pro. than 12 persons have been return of the ballot. The en- also finds and determinesi
I,minaNy Establishing an registered to vote within velope to be used to return that the City Clerk has con -
Appropriations Umit for the the territory of the District the ballot shall be enclosed curred in the shortened
District" (the "Resolution of for each of the 90 days with the ballot, shall have time for the election.
Formation "), ordering the preceding the close of the the return postage prepaid, Section 9. The City Clerk
formation of the City of public hearings heretofore and shall contain the lot- is hereby directed to pub -
Newport Beach Special Im- conducted and concluded lowing: (a) the name and lish in a newspaper of gen-
provement District No. 95-1 by the City Council for the address of the landowner, eral circulation circulating
(CIOSA) (the "District "), purposes of these pro. (b) a declaration, under within the District a copy OI
din. A
authorizing the levy of a ceegsccordingly, and penalty of perjury, staling this Resolution as soon as
special lax on property pursuant tO Section 316 of that the voter is the Owner practicable after the date of
within the District and pre• the COdti the City Council of record or the authorized adoption of this Resolution.
liminarily establishing an finds that for purposes of representative of the land- Section 10. This Faso-
appropriations limit for the these proceedings the owner entitled to vote and lution shall take effect im.
District; qualified electors are the Is the person whose name mediately upon Its adop-
WHEREAS, on this date, landowners within the Dis- appears on the envelope, lion.
the City CounCll also trict and that the vote shall (c) the printed name, Sig- A P P R 0 V E D a n d
adopted a resolution en. be by said landowners or nature and address of the ADOPTED by the City
tilled "A Resolution of the their authorized representa- voter, (d) the date of sign. Council of the City of New-
: City Council of the City of tives, each having one vote ing and place Of execution Pon Beach On June 12,
Newport Beach Determin- for each acre Cr portion of the declaration pursuant 1995,
ing the Necessity to Incur thereof such landowner to clause (b) above, and Js/ John W. Hedges
Bonded Indebtedness owns In the District as of (e) a notice that the en- John W. Hedges, Mayor
Within the City of Newport the close of said public velope contains an official ATTEST:
Beach Special Im- hearings. ballot and is to be opened
provement District No. 95 -1 Section 4. The City Coun- only by the Canvassing /s! Wanda o
(CIOSA)" (the "Resolution oil hereby calls a special board. Wanda E. Reggio, 1o, Clty
to Incur Indebtedness "). election to consider the Analysis and arguments Clerk
determining the necessity measures described In with respect to the ballot Published Newport
to incur bonded indebted- Section 2 hereof, which measures are hereby Beach -Costa Mesa Daily
ness in the maximum ag- election shall be held in the waived, as provided in Sec. Pilot June 15, 1995.
9regale principal amount of City Council Chambers at tion 317 of the Code. th671
529.000.000 upon the secu- 7:00 p.m. on June 26, Section 7. The City Clerk
rily of said special lax to 1995. The City Clerk is shall accept the ballots of
be levied within the District; hereby designated as the the qualified electors in her
and Official to conduct said office or in the City Council
WHEREAS, pursuant to election. It is hereby ac- Chambers to and including
the provisions of said reso- knowiedged that the City 7:00 p.m. on June 26,
ludons, the propositions of Clerk has on file the Reso- 1995, whether said ballots
the levy of said special tax, tution of Formation, a calf. be personally delivered or
the establishment of the lied map of the proposed received by mail. The City
appropriations limit and the boundaries of the District Clerk shall have available
incurring of the bonded in. and a sufficient description ballots which may be
debtedness shall be sub. to allow the City Clerk to marked at said location on
mined to the qualified elec. determine the boundaries the election day by said
tors of the District as ra of the District. qualified electors.
quired by the City of New The voted ballots shall be Section 8. The City Coun.
port Beach Special Im • returned to the City Clerk oil hereby further finds that
provement District Financ-