Loading...
HomeMy WebLinkAboutCC Res 5110 2003-02-24 RESOLUTION NUMBER JJi t) I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ESTABLISHING CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2002-02 (SEAL BEACH BOULEVARD/LAMPSON AVENUE LANDSCAPE MAINTENANCE), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN SUCH DISTRICT AND TAKING CERTAIN ACTIONS RELATING THERETO RECITALS: WHEREAS, the CITY COUNCIL (the "City Council") of the CITY OF SEAL BEACH (the "City") has previously adopted Resolution No. 5098 stating its intention to conduct proceedings to form City of Seal Beach Community Facilities District No. 2002-02 (Seal Beach Boulevard/Lampson Avenue Landscape Maintenance) (the "District") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the "Act") to finance certain services; and I WHEREAS, a copy of Resolution No. 5098 setting forth a description of the proposed boundaries of the District, the services to be provided by the District, and the rate and method of apportionment of the special tax proposed to be levied within District (the "Special Tax") is on file in the office of the City Clerk of the City and, is incorporated herein by reference; and WHEREAS, in accordance with the Act, notice (the "Notice") was published and mailed to all landowners proposed to be included in the District regarding a public hearing set for February 24, 2003 at 7:00 PM or as soon thereafter as practicable on the establishment of the District and the proposed rate and method of apportionment of the Special Tax (the "Hearing"); and WHEREAS, prior to the Hearing there was filed with the City Council a report (the "Report") containing a description of the services necessary to adequately meet the needs of the District and an estimate of the cost of providing those services, as required by Section 53321.5 of the Act; and I WHEREAS, at the Hearing, a full and fair hearing was held and, as set forth in the Notice, the testimony was heard of all interested persons, including all taxpayers or persons owning property in the area, desiring to testify for or against the establishment of the District, the extent of the District, or the furnishing of a specified type or types of services; and WHEREAS, at the Hearing evidence was presented to the City Council on the matters before it and the City Council at the conclusion of the Hearing is fully advised as to all matters relating to the formation of the District and the levy of the Special Tax; and WHEREAS, the City Council desires to hold a special election within the District, at which time there will be Resolution Number ~11l? submitted to the qualified electors of the District a proposition relating to the levy of the Special Tax and the establishment of an appropriations limit for the District; and WHEREAS, the City Council has determined that there have been fewer than twelve registered voters residing in the proposed boundaries of the District for the period of 90 days prior to February 24, 2003. I NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. true and correct. Recitals. The above recitals are all Section 2. Findinq of Validity. Pursuant to Section 53325.1(b) of the Act, the City Council finds and determines that all of the proceedings prior hereto were valid and taken in conformity with the requirements of the law, and specifically the provisions of the Act. Section 3. Name of District. The city Council hereby establishes and declares the formation of a community facilities district pursuant to the Act to be designated "City Of Seal Beach Community Facilities District No. 2002-02 (Seal Beach Boulevard/Lampson Avenue Landscape Maintenance)" (the "District"). I Section 4. Services. The services proposed to be provided within the District and to be financed under the Act shall consist of those services set forth on Exhibit "A," attached hereto and incorporated herein by reference (the "Services"). The city Council hereby finds that the proposed Services are in addition to those provided in the territory of the District prior to the establishment of the District and the proposed Services will not supplant services already available within that territory. Section 5. Boundaries. A boundary map of the District has been recorded in the Office of the County Recorder of the County of Orange as document number 2003000087606 M-M at Page 33 of Book 86 of Maps of Assessments and Community Facilities Districts. Section 6. No Ma;ority Protest. The City Council hereby finds that written protests against the establishment of the District, against the furnishing of a specified type of service within the District, or against the levying of a specified special tax within the District have not been filed by one-half or more of the registered voters within the boundaries of the District or by the property owners of one-half or more of the area of land within the boundaries of the District. Therefore, the City Council finds and declares that the special tax to be levied in the District has not been precluded by majority protest pursuant to Section 53324 of the Act. I Section 7. Special Tax. Except where funds are otherwise available to pay for the Services, the Special Tax is hereby authorized, subject to voter approval, to be Resolution Number !J1/t) I levied annually in accordance with the procedures of the Act within the boundaries of the District sufficient to pay for the costs of the Services. The Special Tax will be secured by the recordation of a continuing lien against all non-exempt property in the District and will be collected in the same manner as ordinary ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien in any case of delinquency as applicable for ad valorem property taxes. Provided, however, such Special Tax may be collected in such other manner as may be provided by the City Council. In the first year in which such a Special Tax is levied, the levy shall include a sum sufficient to repay to the City all amounts, if any, transferred to the District pursuant to Section 53314 of the Act and interest thereon. The proposed rate and method of apportionment of the Special Tax among parcels of real property within the District, in sufficient detail to allow each resident or landowner within the District, to estimate the maximum amount such resident or landowner will have to pay, is shown in Exhibit "B", attached hereto and incorporated herein by reference. The Special Tax is based upon the expected demand that each parcel will have for the Services and the benefit that each parcel derives from the Services and the City Council hereby determines such basis to be reasonable. I Section 8. Notice of Special Tax Lien. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall attach to all nonexempt real property in the District, and this lien shall continue in force and effect until collection of the Special Tax by the City Council ceases. Section 9. Appropriations Limit. An appropriations limit for the District (the "Appropriations Limit") is hereby established, subject to voter approval, as an amount equal to all the proceeds of the Special Tax collected annually within such District and as defined by Article XIIIB of the California Constitution, as adjusted for changes in the cost of living and changes in population. I Section 10. Aqricu1tural, Timber or Livestock Uses. The City Council hereby finds and declares that lands within the District, if any, being devoted primarily to agricultural, timber or livestock uses and being used for the commercial production of agricultural, timber or products is contiguous to other land which is included within the District and that such lands will be benefited by the Services to be provided within the District. Section 11. Preparation of Annual Roll. The current Director of Finance, 211 Eighth Street, Seal Beach, CA 90740, (562) 431-2527 is designated to be responsible for preparing annually, or authorizing a designee to prepare, a current roll of Special Tax levy obligations by assessor's parcel number and for estimating future Special Tax levies pursuant to Section 53340.2 of the Act. Resolution Number r:fi I () Section 12. Report. The Report is hereby approved and is made a part of the record of the public hearing regarding the formation of the District and is ordered to be kept on file in the office of the City Clerk and open for public inspection. Section 13. Special Tax Accountability Measures. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, the City Council hereby establishes the following accountability measures pertaining to the levy by the District of the Special Tax: I A. Such Special Tax shall be levied for the specific purposes set forth in Section 4 hereof. B. The proceeds of the levy of such Special Tax shall be applied only to the specific purposes set forth in Section 4 hereof. C. The District shall establish an account or accounts into which the proceeds of such Special Tax shall be deposited. D. The City Manager, or his or her designee, acting for and on behalf of the District, shall annually file a report with the City Council as required pursuant to Government Code Section 50075.3. Section 14. Votinq Procedure. The City Council finds, based on information provided by the Registrar of I Voters of the County of Orange, that fewer than 12 registered voters have been registered to vote within the territory of the District for each of the 90 days preceding the close of the public hearing heretofore conducted and concluded by the City Council for the purposes of these proceedings. Accordingly, and pursuant to Section 53326 of the Act, the City Council finds that for purposes of these proceedings the qualified electors with regard to the establishment of the Appropriations Limit and the levy of the Special Tax are the landowners within the District. Each landowner shall have one vote for each acre or portion thereof that he or she owns within the District, as provided in Section 53326 of the Act. Any election with respect to the establishment of the Appropriations Limit and the levy of the Special Tax shall be held by mail- ballot, as authorized by Section 53326(d) of the Act. PASSED, APPROVED and ADOPTED by the City council of the ~~JPf Seal B~t a regular meeting thereof held on the 'J' day of ~I#..I1r-;-2003 by the following vote: AYES'COU=i1_4t.4,~It,ca::.n-~(ld- I NOES: Councilmembers ABSTAIN: Councilmember ABSENT. ~ Councilmember Resolution Number ~IIO Jckh) l~"", Mayor I 7J; STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) . I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number ~/~ on file in the office of the City Clerk, passed, approved, and adopted by t City Council of the Cit~ R1 Seal Beach at a regular meet' g thereof held on the ~ day of , 2003. I I Resolution Number ~/~ EXHIBIT "A" DESCRIPTION OF SERVICES The cost of the Services shall include incidental expenses, including the costs associated with forming the District, determination of the amount of the Special Tax, collection of the Special Tax, costs incurred in order to carry out + the authorize~ purposes of the District and any other expenses incidS/nta1.to the completion and inspection of the authoii~ed work~ ,: 1 VV,_ ." ~. SERVICES I The services are the maintenance of the parkways along the east side of Seal Beach Boulevard and the median in Seal Beach Boulevard adjacent to the District, the parkways along Lampson Avenue and the medians in Lampson Avenue adjacent to the District, and the parkway along the north side of the 1-405 on/off-ramp adjacent to the District. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of landscape and hardscape improvements, including repair, removal or replacement of all or part of any of the landscaping, lighting facilities, or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting, and painting of improvements to remove or cover graffiti. This includes the furnishing of water for the irrigation and the furnishing of electric current or energy, for any lights or irrigation facilities or appurtenant facilities. I I I I I Resolution Number ~/~ EXHIBIT "B" Cost Estimate A detailed cost estimate of the fair and reasonable cost of the proposed services and incidental expenses in connection with said services, including the cost of proposed financing and all other related costs IS shown below: Area (sf) $/sf $/ month $ / year Tax Area A Seal Beach Blvd Pkwy Landscape & Irrig, 27,100 $003 $813 $9,756 Seal Beach Blvd Median Landscaoe & Imll 3,100 $0.10 $310 $3,720 Subtotal Annual Maintenance Costs' $13,476 City Administrative Fee" $2,465 Tax Area A Estimated Total Annual Maintenance Costs: $15,941 Tax Area B Seal Beach Blvd Pkwy Landscape & Irrig. 15,500 $0.03 $465 $5,580 Seal Beach Blvd Median Landscape & Img. 1,300 $010 $130 $1,560 Lampson Ave Median Landscaoe & Irrio. 3,200 $010 $320 $3,840 Subtotal Annual Maintenance Costs: $10,980 City Administrative Fee: $2,008 Tax Area B Estimated Total Annual Maintenance Costs: $12,988 Tax Area C Seal Beach Blvd Pkwy Landscape & Irrig. 38,200 $003 $1,146 $13,752 Seal Beach Blvd Median Landscape & Irrig, 10,800 $0.10 $1.080 $12,960 1-405 Frwy Pkwy Landscape & Irrig. 21,000 $003 $630 $7,560 Lampson Ave Pkwy Landscape & Img. 120,800 $003 $3,824 $43,488 Lampson Ave Median Landscaoe & Irrla 3,200 $010 $320 $3,840 Subtotal Annual Maintenance Costs: $81,600 City Administrative Fee: $14,926 Tax Area C Estimated Total Annual Maintenance Costs: $96,526 Resolution Number !f//() PROOF OF PU8L~ (2015.5 C,C,P.) STATE OF CALIFORNIA, County of Orange This space is for the County Clerk's Filing Stamp I am a citizen of the United States and a resident of the county afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH SUN, a n~wspaper of general circulation, printed and published weekly in the City of Seal Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 7/26/91, Case Number A 159565; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 8/W/CA all in the ear 2003, Proof of Publication of Fictitious Business Name I ............................................... Statement ............................................... Paste Clipping of Notice SECURELY in This Space /Jil- ff :; I I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated~SeaIBeach,CA, this day of ~.hri..Ja IIf 2003, RahL ~(J&~~ Signature PUBLICATION PROCESSED BY; THE SUN NEWSPAPERS 216 Main Street Seal Beach, CA 90740 (562) 430-7555 CD I I I I Resolution Number ~/" the Act shall consist of those servlC8S Y4 ..rk In-land from any source, mctud- BSt fo.oth on ExhIbIt "A.. 8Itached henf. 1IJg, but noIlImMd 10, pnvate pel3D11S to and Incorporated he,eln by refe.... or private enllllBs, and IS authonzed .nee (Ihe "ServlC8Sj The City Coun- and d1red8d to use such funds or that cd hereby hods that the proposed SIr- work In-kmd for any Bulhonzed pur- w:es are 11 addition 10 those provrded pose, mcIudmg, but not hmlled to. pay- In the temtoly of Ihe District prior to mg any cosllncurred by the City In the establLBhment of the Dlslnet and creating the D&Strlcl The City may Ihe proposed ServlCsS will not sup. entar Into an agreement With the per- plant servlc8s already available wllh- son or enllty advanCIng the funds or In Ihal temlory work-ln-klnd. to repay aJl or a portion of the foods advanced. Of to rembuBe the person or entJly for Ihe value. or COSI. whichever IS lass. oIlhe work- in-kind, as determined by the Clly Counal. wdh or Without Inlerest . &J SEAL BEACH --"- PUBLIC NOTICES NOTICE OF THE PUBLIC HEAR. ING ON THE ESTABUSHMENT OF CITY OF SEAL BEACH COMMUNI- TY FAClUTIES DISTRICT NO 2002- 02 (SEAL BEACH/LAMPSON AVENUE LANDSCAPE MAINTE- NANCE) AND THE PROPOSED RATE AND METHOD OF APPOR- TIONMENT OF A SPECIAL TAX TO BE LEVIED WITHIN THE DISTRICT NOTICE IS HEREBY GIVEN "'a' at 7 00 o'clock p m on February 24, 2003. or as soon thereafter as practl- cabls, at the Council Chambe18 oflhe City of Seal Stach. 211 Eighth Sll8et. Seal Beach, CaI~o.... 90740, Iha Cdy I Counal 0/ "'a Cdy 0/ S..I Basch, CaI- Ifoma will hold 8 publiC heanng on the establishment 01 City of Seal Beach Comnwruly Facdlbes t:ksIra:::t No 2002- 02 (Seal Beach/Lampson Avenue Landscape Maintenance) (the MDIS_ tnct.) and the proposed fale and method of apportionment of the speaal lax (the -Special Tax") to be leVIed on certain property WithIn the Dlstnct On January 13, 2003 the City Coun- Cil of the City of Seal Beach, Call1onllll adopted Resoluhon No 5098 Slallng lis Inlenllon 10 form the Ols'net pur- suant to the Mello-Roos Community FSClbll8s Act 0' 1982. as amendsd (the MActM) A summary of Resolubon No 5098 IS set forth below At the heaflng, the testimony 01 all Interested persons, Ulcludlng all tax- payers or peraons owning property In the area, for or against the establish- ment 01 the ~strlCt, the extent of the Olstnet, or the furnishing of a SpeCi- fied type or Iypes 01 sel'VfC8S WIll be heard If 50 percent or more of Ihe reglslered voters reSiding wllhln (he temtory proPOsed to be mooed II1Ihe DlStnet, or the owners of one-hall or more of the area of the land In thetar- ntory proposed to be Il1c1uded In the Otstncl and not exsmpt from the Spa- CI8I Tax, file wrlnen prolests against the establishment of Ihe Olslnel, end prolesla are not Wllhdrawn so as to reduce the value of the proleats 10 less Ihan a mafOnty, no further proceed- Ings 10 creale the Otslncl or to levy the SpeCIal Tax shall be taken for a pen- ad of one year from the date of the dBCISJon of the CounCil lithe maJor- Ity protests of the registered voters or the landowners are only agatnst Ihe funlJshJng of a spaa/.ad Iypa or Iyps. of servlC::es Within the OISlrlct, or agwnst levying a speahed special lax, those type& 0/ lIeMCOI 0I1ha Ip<IClfIad speCial tax shall be eliminated from the resolullon 01 formation The proposal to levy lI1e Spectal Tax .haM belll""-lo Iha qual~ad aIac- Iors al a speaat elecltOn The quallfted elecrors 01 the DIstrICt shall be the landowners of the OISlncl, With each landowner haVIng one vote lor each 8Cl'e or pomon of an acre of land tha' he or she owns WIthIn the 0IsInct Bal- Iols for the speCial elecllon may be dtslnbuted by mall WIlh relum postage prepaid or by personal seMce The complete text 01 Resolubon No 5098 and the proposed rale and method of Bppofbonment of the Spe- CIal Tax among parcels at real propefty In the Olstncl are on Me In the offICe of the CIty Clerk and available lor pub- liC inspection If you have any quesllons, please call the OffIce 01 the City Clerk at (562) 431-2527 CITY OF SEAL BEACH Datad 2003 Section 5 SpeCIal Tax a Except where fulnis are otherwise available, " IS the Intentton of the City CounCIl to levy annually 111 aa:ordance wtIh procedures contatlled In the Act a speCIal lax (Ihe "Special TaxW) Within the Dlstnct sulllclentto pay for the Services, Including InCI- dental exp8ll888 The Specral Tax wtfI be secured by recordation of a con- tlnUlflg lien ag8lll8laU non-exempt real property In the District and will be col- lected In the same maMar as on:Imary ad valorem property taxes are col- lected, or In such other manner as may - oba _d by the COy CounCIl Includ- Ing, wlthoulllrnltalron, direct billing 01 the affected property owner, and shall be subJecllo the same penalbes, pro_ cedure, sale and ken pnonty m case 01 delmquency as appltc8ble for act val- orem property taxes In the first year In which such a Special Tax IS Imed, the levy shall Include a sum sulftcrent 10 repay 10 the City alamounts, If any, transferred to the Dlsmct purauant to Section 53314 of the Act and mterest - b The proposed rate and methOd 01 apporbonment of the Spe- cral Tax (the wAale and MethodW) among parcels of real properly In the DistriCt, IS shown In Exhibit "B,w attached hereto and Incorporated herein by reference The Special Tax IS billed on the cost of making the proposed Ser- Y1Ces available to each non-exempt parcel 01 real property In lhe Dlstncl The City Council hereby determines the rate and method of BppOlIlOnment 01 the Spectal Tax lor Ihe Dlstncl: set forth In Exhlbll"Bw to be reasonabte Secllon B Heanng A pub- lic hearing (the "HeanngW) on Ihe _mem of "'a DIIInd, Iha axtant of the DIStrlCl, the furnlshmg of Ser- VIceS WIUlIn the Dlstncl, and lhe Aale and Method shall be held on Febru. ary 24, 2003, al7 00 pm, or as soon thereafter as pracbc8ble. allhe cham- bers of Ihe City Council of the City of Seal Beach, 211 Eighth Slreet, Seal Beach, Ca_ 90740 AI the Host- Ing, any tIlterested person or taxpay_ er, Includtng all persons owning lands or registered to vote Within the pro- posed Dlslrlct, may appear and be heard, SBCIIon 7 RllpOrt Tha C'1y offacer who WIN be responsible lor the ServICes to be 'Inanced by the Dls- 1m, If d IS eslabbhed, Is hereby direct- ed 10 study the proposed Dlslncl and, al or before the time of Ihe above- mentioned HBanng, file, or cause 10 be filed, a repon With the City Council, which IS to be made a part 0' the record of the Hearmg, cont8UlIng the following (8) a bnef descnphon of Ihe Services wtuch will In hiS or her opin- Ion be reqUired to adequately meel the needs of the Otstnct, and (b) an estlmale of the farr and reasonable cost 01 finanCing the Ser- ..... SectIOn 4 SeMceS The 1BM088 proposed 10 be provided Wlth- SecllOl1 8 Advances The IIJ the 0Jstnct and 10 be fmanced under CJI:y may accept advances of funds or CllyClark Summary of Aesotulton No 5098 A RESOLUTION OF INTENIlON OF THE CITY COUNCIL OF TH~ CITY OF SEAL BEACH TO ESTABLISH CITY OF SEAL BEACH COMMUNITY FACILITIES DIS- TRICT NO 2002-02 (SEAL BEACHIlAMPSON AVENUE ~DSCAPE MAINT~NANCE) AND TO AUTHORIZE TH~ LEVY OF A SP~CIAL TAX WITHIN SUCH DISTRICT RECITALS WH~R~AS, tha CITY COUNCIL (tha "C11y Council") of tha CITY OF SEAL B~ACH (lha .Clty") d8Slres to undertake proceedings 10 eslabllSh a community facilities dls- IncI pursuant 10 the Mello-Rooa Com- mumty Faclllltes Act 011982, as emended, commencing With SectIOn 53311 of the California Government Code (the wAcI1, 10 finance servlCB8 ro serve lire area 01 land herelR8fter descnbed,and WHEREAS, the Act autho- nzes the City CounCil 10 establish a communlly taall'" dJslnct and to levy speaaJ taxes Within that dlslncl NOW, TH~REFOR~. THE CITY COUNCIL OF THE CITY OF SEAL B~ACH DOES HEREBY RESOLVE, D~TERMIN~ AND ORDER AS FOL- LOWS Secbon 1 Intention The CIIy Council hereby declares lis IIllen- boo 10 conc:Iuct proceedings for the Ior- mahon of a community faCilities dl8- tnet under the lerms or the Act Secbon 2 Name of DIStrICt The nama of the Proposed commum- ty faclllUes district IS wC11y of Seal Beach Commumty Facilities Dlslrlcl No 2002-02 (Seal Beach Boule. vard/Lampson Avenue Landscape Malnlenance)W (the "D1stncr) SectIOn 3 Boundanes 01 Dls- trict TIHt 81d.enor boundanes 01 the DJSInct are shown on that certain map now on lIIe In the office ollhe City Clerk enllded .Proposed Boundanes of Clly of Seal Beach Community Faclllhes DlStnct No 2002-Q2 (Seal Beach BoulevardILampson Avenue Landscapa MlIJntananca)," which map Indates by a boundary IlI1e the extent of the lemtory Included In the proposed OlSlnet and shaR govern for all details as 10 the extent or the Olstncl On the anginal and one copy of such map, the City Clerk shall endorse the cer- Itftcate ewfencmg the date and actop- bon or thiS Resolution The City Clerk shall hie the onglnal 01 such map In her ofltce and, Within 15 days after the adopbon of thiS Resolution. the City Oerk shall file a copy of such map so endorsed Nlthe recon:Is of the Coun- ty Recordar, County of Orange, Slate of CaJtfoml8. and 11 any evenIthlS map shall be IlIed no laler than 15 days before Iha publiC hearing specllled In 8ecllon B below . - ~.- -, ':)'/.-, ~ \ r !J' '.. . I ;.,. ~ . I' i , , , , Section 9 Pubhshed NoIlCe The City Clerk IS hereby directed to publish a nobce rNobce; of the Hear. Ing pursuant 10 Section BOB1 of Ihe Government Code In a newspaper of general Circulation published In the area ollhe proposed District Such Nola shaD be substanbaUy 11 the loon speCified In SectIOn 53222 of the Act PubJlcabon oIlhe NotIce shall be com- pleted aI least 1 days pnor 10 the dale of the Hearing .. 1 . . Section 10 Mailed NotICe The City Clerk IS hereby directed to sand a copy of Iha Nohce 0/ "'a HBar- Ing by flrst.c1ass mall, postage pre- paid, 10 each registered voter and to each landowner WIthin the proposed Dlslnct as shown on the last equal- Ized assessment roll Mailing of the Notice shall be completed atleasl15 days poor 10 the date 01 the Heanng Section 11 Voting Should the CIty CouI1ClI delennlne 10 form lI1e Dratnd, a special election Will be held within the Otslncl: 10 aulhorlze the levy 01 the SpBCIal Tax tIl accordance With the procedures contained In Secoon 53328 0/ lI1a Act U hllld. Iha proposad voting procedure at the elecllon will be a landowner vole With each landowner who IS the owner of record' 01 land WIthin the Dlstnel althe cJose of the Heanng, or the authorized rep- resentative thereol, having one vole for each acre Qr portion thereof owned WIthin the DISIncI BaIIoIs for the spa. CIlli a11lClJon may be d~"butad by Il18II WlIh return postage prepaid or by per- sonal service Section 12 Elecllon 10 Perform Work Pursuant to Section 53329 5(c) or Ihe Act, the City CounCil finds that, In lis opinion, the pubJlc mlerest Will nol be served by aIIowmg proparly owna18 In "'0 011- tnet to enter Into a contracl to per10rm work pu...-lo Sacbon 53329 5(a) 0/ the Ad PASS~D. APPROV~O AND ADOPTED this _____ day of 2003 ATTEST Mayor CdyCla,k Pub Seal Beach Sun Joumal2l8lO3 8/W)03 ~D~PP~ (i)