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:
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