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HomeMy WebLinkAbout2 - CIOSA ResolutionsBY 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-