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:
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