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HomeMy WebLinkAbout95-112 - Special Improvement District 95-1 - CIOSARESOLUTION NO. 95 -112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE CORRECTION OF CLERICAL ERRORS MADE WITH RESPECT TO 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 (CIOSA) (the "District"), pursuant to the City of Newport Beach Special Improvement District Financing Code (the "Code "), to finance certain facilities (the "Facilities "); WHEREAS, pursuant to the Resolution of Intention, the City Clerk was directed to record, or cause to be recorded, a map of the boundaries of the District (the "Boundary Map ") in the office of the County Recorder within fifteen days of the date of adoption of the Resolution of Intention; WHEREAS, notice was published as required by the Code relative to the intention of the 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, on June 12, 1995, the City Council adopted a resolution 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 ", which resolution established the District, described the boundaries of the District by reference to and incorporation of the recorded Boundary Map and authorized the levy of a special tax within the District; WHEREAS, on June 12, 1995, the City Council 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) ", which resolution called an election within the District on the proposition of incurring indebtedness, levying a special tax and establishing an appropriations limit within the District; 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; WHEREAS, on June 26, 1995, the City Council adopted a resolution entitled "A Resolution of the City Council of the City of Newport Beach Declaring Results of Special Election and Directing Recording of Special Tax Lien" (the "Resolution Directing Recording "), which resolution, among other things, directed the City Clerk 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 the Resolution Directing Recording; WHEREAS, pursuant to the requirements of Section 3114.5 of the California Streets and Highways Code and Section 320 of the Code, a notice of special tax lien with respect to the District (the "Notice of Special Tax Lien ") was recorded in the Office of the County Recorder of the County of Orange; • WHEREAS, the City Council has been informed that, due to a clerical error, an extraneous parcel of property, identified as Orange County Assessor's Parcel No. 442 - 271 -12 (the "Extraneous Parcel "), was inadvertently included in the Boundary Map and in the Notice of Special Tax Lien; WHEREAS, the City Council desires to cause the Boundary Map and the Notice of Special Tax Lien to be amended so as to exclude the Extraneous Parcel therefrom; and WHEREAS, an amended boundary map of the District (the "Amended Map "), which excludes from the District the Extraneous Parcel, is on file with the City Clerk; NOW, THEREFORE, BE TT RESOLVED by the City Council of the City of Newport Beach as follows: Section 1. The foregoing recitals are true and correct. Section 2. The City Council hereby finds and determines that the Extraneous Parcel was not intended to be a part of the proceedings for the District and was inadvertently included therein and in the Boundary Map and Notice of Special Tax Lien as a result of a clerical error. Section 3. The Amended Map is hereby approved and the City Clerk is hereby directed to • record, or cause to be recorded, the Amended Map in the office of the County Recorder of the County of Orange. Section 4. In accordance with Section 3117.5 of the California Streets and Highways Code, the City Clerk is hereby directed to record, or cause to be recorded, in the office of the County Recorder of the County of Orange, a first amendment to the Notice of Special Tax Lien, substantially in the form attached hereto as Exhibit A. Section 5. Except for such modifications as are necessary in order to exclude the Extraneous Parcel, all prior proceedings taken by the City Council in connection with the District shall remain in full force and effect. 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 October 9, 1995. John W. Hedges, Mayor ATTEST: •