RES-10139 Community Facilities District No. 06-1 Del Rio Public Improvements Appropriations LimitRESOLUTION NO. 10139
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE OF FORMATION OF CITY OF
ORANGE COMMUNITY FACILITIES DISTRICT
NO. 06-1 (DEL RIO PUBLIC
IMPROVEMENTS),AUTHORIZING THE LEVY OF A SPECIAL
TAX WITHIN THE DISTRICT,
PRELIMINARILY ESTABLISHING AN APPROPRIATIONS
LIMIT FOR THE DISTRICT AND SUBMITTING LEVY
OF THE SPECIAL TAX AND THE
ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO
THE QUALIFIED ELECTORS OF THE
DISTRICT WHEREAS, on November 7,2006, this City Council adopted Resolution No.
10129 entitled "A Resolution of the City Council of the City of Orange Declaring Its Intention
to Establish a Community Facilities District and to Authorize the Levy of Special Taxes
ThereinDel Rio" (the Resolution of Intention) stating its intention to form the City of Orange
Community Facilities District No. 06-1 (Del Rio Public Improvements) (the District)
pursuant to the Mello-Roos Community Facilities Act of 1982, California Government
Code Section 53311 et seq. (the
Law); and WHEREAS, the Resolution of Intention, incorporating by reference a map
of the proposed boundaries of the District and describing the public improvements (the
Facilities) and public services (the Services) eligible to be financed by the District, the cost of
financing the costs of the Facilities and Services and the rate and method of apportionment of the
special tax to be levied within the District to pay the costs of the Facilities and Services and to
pay the principal and interest on bonds proposed to be issued for 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; and WHEREAS, the Resolution of Intention called for a public hearing on the
District to be held on December 12, 2006, and on this date this City Council held the public
hearing as required by the Law and the Resolution of Intention relative to the proposed formation
of the
District; and WHEREAS, at the hearing all interested persons desiring to be heard on
all matters pertaining to the formation of the District, the Facilities and Services eligible to be
funded by the District, and the levy of the special tax were heard and a full and fair hearing was
held; and WHEREAS, prior to the hearing it was mentioned that changes have been made
to the rate and method of apportionment of special taxes for the District, including changes
to reduce certain maximum special tax rates, and a revised rate and method of apportionment
of special taxes, in the form of Exhibit A to this Resolution, was introduced and it
was acknowledged that copies of said revised rate and method of apportionment of special taxes had
been provided to the owners of the land in the District prior to the conduct of the public
WHEREAS, at the hearing evidence was presented to this City Council on the matters
before it, including a report by the Director of Public Works of the City of Orange (the Report)
as to the Facilities and Services eligible to be funded by the District and the costs thereof, a
copy of which is on file with the City Clerk, and this City Council at the conclusion of the
hearing was fully advised regarding the District; and
WHEREAS, written protests with respect to the formation of the District andlor the
furnishing of specified types of Facilities or Services, or other specific purposes of the District,
as described in the Report 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 special tax proposed to be levied in the District to pay for costs of
the Facilities and the Services, as set forth in Exhibit A to this Resolution, has not been
eliminated by protest by fifty percent (50%) or more of the registered voters residing within the
territory of the District or the owners of one-half (1/2) or more of the area ofland within the
District and not exempt from the
special tax.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY
OF ORANGE DOES HEREBY RESOLVE
AS FOLLOWS:Section 1. The foregoing recitals are true
and correct.Section 2. The proposed special tax to be levied within the District has
not been precluded by majority protest pursuant to Section 53324 of the Law. On February
24, 1998,this City Council adopted Resolution No. 8884 adopting "Policy Guidelines
Regulating the Use of Public Financing Mechanisms to Finance Public Facilities," and this
City Council hereby finds and determines that the District is in conformity with said
policy guidelines.Section 3. All prior proceedings taken by this City Council in connection
with the establishment of the District and the levy of the special tax have been duly considered
and are hereby found and determined to be valid and in conformity with
the Law.Section 4. The community facilities district designated "City of
Orange Community Facilities District No. 06-1 (Del Rio Public Improvements)" is hereby
established pursuant
to the Law.Section 5. The boundaries of the District, as described in the
Resolution of Intention and set forth in the boundary map of the District recorded on November 7, 2006
in the Orange County Recorder's Office at Book 91 of Maps of Assessment
and Community Facilities Districts at Page 49 (instrument no. 2006-752274), are
hereby approved, are incorporated herein by this reference and shall be the
boundaries of the District.Section 6. The type of Facilities and Services eligible to be
funded by the District pursuant to the Law are as described in Exhibit A to the
Resolution ofIntention, which Exhibit is by this reference incorporated herein. This City Council hereby finds
that the Facilities and the Services are necessary to meet increased demands placed upon local
agencies as the result of development
occurring
Section 7. Except to the extent that funds are otherwise available to the District to pay
for the Facilities, the Services andlor to pay the principal and interest as it becomes due on
bonds of the District issued to finance the Facilities, a special tax sufficient to pay the costs
thereof, secured by recordation of a continuing lien against all non-exempt real property in
the District, will be levied within the District and collected in the same manner as ordinary
ad valorem property taxes or in such other manner as this City Council shall detemline,
including direct billing of the affected property owners. The proposed rate and method of
apportionment of the special tax among the parcels of real property within the District, in sufficient detail
to allow each landowner within the proposed District to estimate the maximum amount
such owner will have to pay, are described in Exhibit A to this Resolution, which Exhibit is by
this reference incorporated herein. This City Council hereby finds that the basis for the levy
and apportionment of the special tax, as set forth in such rate and method of apportionment
of special taxes for the District, is
reasonable.Section 8. The Director of Finance of the City of Orange, 300 East Chapman A
venue,Orange, CA 92866-1591, telephone number (714) 744-2235, is the officer of the
City that will be responsible for preparing annually and whenever otherwise necessary a
current roll of special tax levy obligations by assessor's parcel number and which will
be responsible for estimating future special tax levies pursuant to Section 53340.2
of the Law.Section 9. Upon recordation of a notice of special tax lien pursuant to
Section 3114.5 of the California 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 the special tax obligation is prepaid and permanently
satisfied and the lien canceled in accordance with law or until collection of the tax by
the City ceases.Section 10. In accordance with Section 53325.7 of the
California Government Code,the appropriations limit, as defined by subdivision (h) of Section 8 of Article
XIIIB of the California Constitution, of the District is hereby preliminarily established at $47,
000,000 and said appropriations limit shall be submitted to the voters of the District as
provided below. The proposition establishing the appropriations limit shall become effective if
approved by the qualified electors voting thereon and shall be adjusted in accordance
with the applicable provisions of Section 53325.7
of the Law.Section 11. Pursuant to the provisions of the Law, the proposition of the
levy of the special tax and the proposition of the establishment of the appropriations
limit specified above shall be submitted to the qualified electors of the District at an election, the
time, place and conditions of which election shall be as specified by a separate resolution of
this City Council.Section 12. This Resolution shall take effect
upon its adoption.ADOPTED this 12th day
of
ATTEST:
6
Mary E.ange
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Resolution was duly and regularly adopted by the City Council of the City of
Orange at a regular meeting thereof held on the 12th day of December, 2006, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Murphy, Cavecche, Dumitru
COUNCILMEMBERS: None
COUNCILMEMBERS: Smith, Bilodeau
COUNCILMEMBERS: None
ti?i:-1I{L~
Mary . M ,City G " of Orange
4