RES-10141 Calling Special Election Within Community Facilities District No. 06-1 Del RioRESOLUTION NO. 10141
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE CALLING SPECIAL ELECTION
WITHIN COMMUNITY FACILITIES DISTRICT NO.
06-1 (DEL RIO PUBLIC
IMPROVEMENTS)WHEREAS, on this date this City Council adopted Resolution No. 10139 entitled "
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" (the Resolution of Formation),
ordering the formation of the City of Orange Community Facilities District No. 06-1 (
Del Rio Public Improvements) (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, this City Council also adopted Resolution
No. 10140 entitled A Resolution of the City Council of the City of Orange Determining the
Necessity to Incur Bonded Indebtedness Within City of Orange Community Facilities District No.
06-1 (Del Rio Public Improvements) and Submitting Proposition to the Qualified Electors
of the District" (the Resolution to Incur Indebtedness"), determining the necessity to
incur bonded indebtedness in the maximum aggregate principal amount of $47,000,000 upon the security of
the special tax to be levied
within the District; and WHEREAS, pursuant to the provIsIons of the Resolution
of Formation and the Resolution to Incur Indebtedness, the propositions of the levy of
said special tax, the establishment of the appropriations limit and the incurring of the bonded
indebtedness are to be submitted to the qualified electors of the District as required
by the Mello-Roos Community Facilities Act of 1982, California Government Code Section
53311 et seq. (the Law).NOW, THEREFORE, THE CITY COUNCIL
OF THE CITY OF ORANGE
DOES HEREBY RESOLVE AS FOLLOWS:Section 1. Pursuant to Sections 53325.7, 53326 and 53351 of the
Law, 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.Section 2. As authorized by Section 53353.5 of
the Law, the three propositions described in Section I above shall be combined into a single ballot
measure, the form of which is attached hereto as Exhibit A and by this reference incorporated herein.
The form
of ballot is hereby approved.Section 3. This City Council hereby finds that fewer
than 12 persons have been registered to vote within the territory of the District for each of
the ninety (90) days preceding the close of the public hearings heretofore conducted and concluded
the purposes of these proceedings. Accordingly, and pursuant to Section 53326(b) of the Law,
this City Council finds that for purposes of these proceedings the qualified electors are the
owners of land within the District to be taxed and that the vote shall be by said landowners or
their authorized representatives, having one vote for each acre or portion thereof each such
landowner owns in the District as of the close of the public hearings.
Section 4. This City Council hereby calls a special election to consider the combined
measure described in Section 2 above, which election shall be held immediately following
adoption of this Resolution in the meeting place of this City Council. 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 map of the proposed boundaries ofthe 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 no later than immediately
following the adoption of this Resolution.
Section 5. Pursuant to Section 53327 of the Law, the election shall be conducted by
mail or hand delivered ballot pursuant to the California Elections Code. This City Council
hereby finds that paragraphs (a), (b), (c) (I) and (c)(3) of Section 4000 of the California
Elections Code are applicable to this special election.
Section 6. This City Council acknowledges that the City Clerk has caused 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 indicated the number of votes to be voted by the respective landowner.
Each ballot was accompanied by all supplies and written instructions necessary for the
use and return of the respective ballot. An envelope to be used to return the respective ballot
was enclosed with the corresponding ballot, had the return postage prepaid, and contained the
following: (a) the name and address of the applicable landowner, (b) a declaration, under
penalty of perjury, stating that the respective voter is the owner of record or authorized
representative of the applicable landowner entitled to vote and is the person whose name
appears on the envelope, (c) the printed name, signature and address of the respective 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 City
Clerk.
Analysis and arguments with respect to the ballot measures were waived by the
landowners in their petitions to form the District as well as in their voted ballots, as permitted
by Section 53327(b) of the Law.
Section 7. The City Clerk shall accept the ballots of the qualified electors upon and
prior to the adoption of this Resolution, whether the ballots be personally delivered or received
by mail. The City Clerk shall have available ballots which may be marked in the City Council
meeting room on the election day by the qualified electors.
Section 8. This City Council hereby further finds that the provision of the Law
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 electors of the District.
The petitions previously submitted by the landowners in the District and the voted ballots of
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the qualified electors of the District each contain an acknowledgment of a waiver of any time
limit pertaining to the conduct of the election and of a waiver of any requirement for analysis
and arguments in connection with the election. Accordingly, this City Council finds and
determines that the qualified electors have been fully apprised of and have agreed to the
shortened time for the election and waiver of analysis and arguments, and have thereby been
fully protected in these proceedings. This City Council also finds and determines that the City
Clerk has concurred in the shortened time for the election.
Section 9. Pursuant to the Local Agency Special Tax and Bond Accountability Act,
Sections 50075.1 et seq. and Sections 53410 et seq. of the California Government Code (a) the
ballot measure referred to in Sections 2 and 4 above contains a statement indicating the specific
purposes of the special tax, the proceeds of the special tax will be applied only to the purposes
specified in the ballot measure, there shall be created by the Director of Finance an account
into which proceeds of the special tax levies will be deposited, and the Director of Finance is
hereby directed to provide an annual report to this City Council as required by Section 50075.3
of the California Government Code; and (b) the ballot measure contains a statement indicating
the specific purposes of the bonds, the proceeds of the bonds will be applied only to the
purposes specified in the ballot measure, there shall be created by the Director of Finance an
account into which the proceeds of the bonds will be deposited, and the Director of Finance is
hereby directed to provide an annual report to this City Council as required by Section 53411
of the California Government Code.
Section 10. The City Clerk is hereby directed to cause to be published in a newspaper
of general circulation circulating within the District a copy of this Resolution and a copy of the
Resolution to Incur Indebtedness, as soon as practicable after the date of adoption of this
Resolution.
ADOPTED this 12th day of December, 2006.
Orange
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ATTEST:
c{z-~-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 L
C{L~_Mary
E.J\1:~rp y, City Clerk, Ci 4