Loading...
HomeMy WebLinkAbout95-113 - Special Improvement District 95-1 - CIOSARESOLUTION NO. 95 -113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CALLING SPECIAL ELECTION REGARDING ALTERATIONS TO THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR THE CITY OF NEWPORT BEACH SPECIAL IMPROVEMENT DISTRICT NO. 95 -1 (CIOSA) • WHEREAS, in its proceedings for the City of Newport Beach Special Improvement District No. 95 -1 (CIOSA) (the "District "), the City Council, on June 12, 1995, 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" (the "Resolution of Formation "), which resolution established the District and authorized the levy of a special tax within the District; WHEREAS, on August 28, 1995, the City Council adopted a resolution entitled "A Resolution of the City Council of the City of Newport Beach of Consideration To Alter the Rate And Method of Apportionment of an Existing Special Tax" (the "Resolution of Consideration "), proposing to alter the rate and method of apportionment of the special tax to be levied within the District pursuant to the City of Newport Beach Special Improvement District Financing Code (the "Code "); WHEREAS, the Resolution of Consideration, incorporating the proposed alterations to the rate and method of apportionment of the special tax to be levied within the District, is on file with the City Clerk and the provisions thereof are incorporated herein by this reference as if fully set forth herein; WHEREAS, on this date, the City Council held a noticed public hearing as required by the Code and the Resolution of Consideration relative to the proposed alterations to the rate and method of apportionment of the special tax to be levied within the District; WHEREAS, at said hearing all interested persons desiring to be heard on all matters pertaining to the proposed alterations to the rate and method of apportionment of the special tax to be levied within the District were heard and a full and fair hearing was held; WHEREAS, at said hearing evidence was presented to the City Council on said matters before it and the City Council at the conclusion of said hearing is fully advised in the premises; WHEREAS, written protests with respect to the proposed alterations to the rate and method of apportionment of the special tax to be levied within the District have not been filed with the City Clerk by fifty percent (50 %) or more of the registered voters residing within the territory of the District or property owners of one -half (1/2) or more of the area of land within the District and not exempt from the special tax; and WHEREAS, the proposition of the alterations to the rate and method of apportionment of the special tax to be levied within the District shall be submitted to the qualified electors of the District as required by the Code; NOW THEREFORE, BE IT 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 proposed alterations to the rate and method of apportionment of the special tax to be levied within the District have not been precluded by majority protest pursuant to Section 411 of the Code. Section 3. All prior proceedings taken by the City Council in connection with the alterations to the rate and method of apportionment of the special tax to be levied within the District have been duly considered and are hereby found and determined to be valid and in conformity with the requirements of the Code. Section 4. The rate and method of apportionment of the special tax to be levied within the District is hereby altered from that specified in the Resolution of Formation and shall be as specified in the Amended and Restated Rate and Method of Apportionment for the City of Newport Beach Special Improvement District No. 95 -1 (CIOSA) set forth in Exhibit A attached • hereto and hereby made a part hereof. The City Council hereby expressly finds and determines that said rate and method, as altered, will not interfere with the timely repayment of any indebtedness incurred with respect to the District. Section 5. Pursuant to Section 412 of the Code, the issue of the alterations to the rate and method of apportionment of the special tax to be levied within the District shall be submitted to the qualified electors of the District at an election called therefor as provided below. Section 6. The proposition to alter the rate and method of apportionment of the special tax to be levied within the District shall be submitted to the qualified electors of the District in a ballot measure, the form of which is attached hereto as Exhibit B and by this reference incorporated herein. Said form of ballot is hereby approved. Section 7. The City Council hereby finds that fewer than 12 persons have been registered to vote within the territory of the District for each of the 90 days preceding the close of the public hearings heretofore conducted and concluded by the City Council for the purposes of these proceedings. Accordingly, and pursuant to Section 316 of the Code, the City Council finds that for purposes of these proceedings the qualified electors are the landowners within the District and that the vote shall be by said landowners or their authorized representatives, each having one vote for each acre or portion thereof such landowner owns in the District as of the close of said public hearings. Section 8. The City Council hereby calls a special election to consider the measure described in Section 6 hereof, which election shall be held in the City Council Chambers at 7:00 p.m. on October 9, 1995. The City Clerk is hereby designated as the official to conduct said election. The City Clerk, as such election official, shall be provided with this Resolution, a certified map of the boundaries of the District and a sufficient description to allow the City Clerk to determine the boundaries of the District within three business days after the adoption of this Resolution. The voted ballots shall be returned to the City Clerk not later than 8:00 p.m. on October 9, 1995; provided, however, that, notwithstanding the foregoing, when all of the qualified voters have voted, the election shall be closed and canvassed. Section 9. Pursuant to Section 317 of the Code, the election shall be conducted by mail or hand - delivered ballot pursuant to Section 1340 of the California Elections Code. The City Council hereby finds that paragraphs (a), (b), (c) (1) and (c)(3) of said Section 1340 are applicable to this special election. Section 10. The City Clerk shall cause to be delivered to each of the qualified electors of the District a ballot in the form set forth in Exhibit B hereto. Each ballot indicates the number of votes to be voted by the respective landowner to which it pertains. • Each ballot shall be accompanied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return the ballot shall be enclosed with the ballot, shall have the return postage prepaid, and shall contain the following: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or the authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing board. Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 317 of the Code. Section 11. The City Clerk shall accept the ballots of the qualified electors in her office or in the City Council Chambers to and including 8:00 p.m. on October 9, 1995, whether said ballots be • personally delivered or received by mail. The City Clerk shall have available ballots which may be marked at said location on the election day by said qualified electors. Section 12. The City Council hereby further finds that to the extent that the provisions of Section 316 of the Code require a minimum of 90 days following the adoption of this Resolution to elapse before said special election, such provisions are for the protection of the qualified elector of the District. There is on file with the City Clerk a written petition executed by the qualified elector of the District requesting a shortening of the time for said special election to expedite the completion of the proceedings for the alterations to the rate and method of apportionment of the special tax to be levied in the District, and waiving any requirement for analysis and arguments in connection with the election. Accordingly, the City Council finds and determines that said qualified elector has been fully apprised of and has agreed to the shortened time for the election and waiver of analysis and arguments, and has thereby been fully protected in these proceedings. The City Council also finds and determines that the City Clerk has concurred in the shortened time for the election. Section 13. 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: L J