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HomeMy WebLinkAbout95-76 - Special Improvement District 95-1 - CIOSARESOLUTION NO. 95- 76 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) . WHEREAS, on this date, 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" (the 'Resolution of Formation "), ordering the formation of the City of Newport Beach Special Improvement District No. 95 -1 (CIOSA) (the "District"), authorizing the levy of a special tax on property within the District and preliminarily establishing an appropriations limit for the District; WHEREAS, on this date, the City Council also adopted a resolution entitled "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)" (the 'Resolution to Incur Indebtedness "), determining the necessity to incur bonded indebtedness in the maximum aggregate principal amount of $29,000,000 upon the security of said special tax to be levied within the District; and WHEREAS, pursuant to the provisions of said resolutions, the propositions of the levy of said special tax, the establishment of the appropriations limit and the incurring of the bonded indebtedness shall be submitted to the qualified electors of the District as required by the City of Newport Beach Special Improvement District Financing Code (the "Code "). NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach as follows: Section 1. Pursuant to Sections 316, 707 and 315 of the Code, the issues of the levy of said • special tax, the incurring of bonded indebtedness and the establishment of said appropriations limit shall be submitted to the qualified electors of the District at an election called therefor as provided below. 1- Section 2. As authorized by Section 709 of the Code, the three propositions described in Section 1 hereof shall be combined into a single ballot measure, the form of which is attached hereto as Exhibit "A" and by this reference incorporated herein. Said form of ballot is hereby approved. Section 3. 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 4. The City Council hereby calls a special election to consider the measures described in Section 2 hereof, which election shall be held in the City Council Chambers at 7:00 p.m on June 26, 1995. The City Clerk is hereby designated as the official to conduct said election. It is hereby acknowledged that the City Clerk has on file the Resolution of Formation, a certified map of the proposed boundaries of the District, and a sufficient description to allow the City Clerk to determine the boundaries of the District. The voted ballots shall be returned to the City Clerk not later than 7:00 p.m. on June 26, 1995, and when all of the qualified voters have voted the election shall be closed. Section 5. 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 6. 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 "A" 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 2- 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 7. The City Clerk shall accept the ballots of the qualified electors in her office or in the City Council Chambers to and including 7:00 p.m. on June 26, 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 8. The City Council hereby further finds that the provision of Section 316 of the Code requiring a minimum of 90 days following the adoption of the Resolution of Formation to elapse before said special election is 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 process of formation of 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 9. The City Clerk is hereby directed to publish in a newspaper of general circulation circulating within the District a copy of this Resolution as soon as practicable after the date of adoption • of this Resolution. Section 10. This Resolution shall take effect immediately upon its adoption. 3- APPROVED and ADOPTED by the City Council of the City of Newport Beach on June 12, 1995. ATTEST: '� "/' <6v�' Wanda E. Raggio 1- John W. Hedges, Mayor EXHIBIT A CITY OF NEWPORT BEACH SPECIAL IMPROVEMENT DISTRICT NO. 95 -1 (CIOSA) OFFICIAL BALLOT SPECIAL TAX ELECTION (JUNE 26, 1995) 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. • A- 2 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 Yes: 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 No: 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? A- 3 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: Property Owner: • Landowner A- 4 • 0 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 12, 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: EDWARDS, WATT, DEBAY, HEDGES, COX, GLOVER, O'NEIL NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE 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 5- a 4 Wanda E. Raggio, City Cl rr