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RES-10142 Declaring Results of Special Election Del Rio Public ImprovementsRESOLUTION NO. 10142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE DECLARING RESULTS OF SPECIAL ELECTION, AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN DEL RIO PUBLIC IMPROVEMENTS.WHEREAS, in proceedings heretofore conducted by this City Council pursuant to the Mello- Roos Community Facilities Act of 1982, Section 53311 et seq. of the California Government Code (the Law), this City Council on this date adopted Resolution No. 10141 entitled "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)", calling for a special election of the qualified electors within the City of Orange Community Facilities District No. 06-I (Del Rio Public Improvements) (the District); and WHEREAS, pursuant to the terms of said resolution, which are by this reference incorporated herein, the special election was held on this date, and the City Clerk has on file a Canvass and Statement of Results of Election, a copy of which is attached hereto as Exhibit A; and WHEREAS, this City Council has reviewed the canvass and hereby approves it.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY RESOLVE AS FOLLOWS:Section 1. The issues presented at the special election were the incurring of a bonded indebtedness in the maximum aggregate principal amount of $47,000,000, the levy of a special tax within the District to be levied in accordance with the rate and method of apportionment of special taxes heretofore approved by this City Council by its Resolution No. 10139 adopted this date 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 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", and the approval of an appropriations limit of not to exceed $47,000,000 pursuant to said resolution.Section 2. Pursuant to the canvass of the special election on file with the City Clerk, the issues presented at the special election were approved by the qualified electors of the District by two-thirds or more of the votes cast at the special election.Section 3. Pursuant to the voter approval, the District is hereby declared to be fully formed with the authority to incur bonded indebtedness and to levy special taxes as heretofore provided in these proceedings and in the Law.Section 4. It is hereby found that all prior proceedings and actions taken by this City Council with respect to the District were valid and in conformity Section 5. The City Clerk is hereby directed 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 provided by Bond Counsel, said recording to occur no later than fifteen days following adoption by the City Council ofthis Resolution. Section 6. This Resolution shall take effect upon its adoption. ADOPTED this Ith day of December, 2006. ATTEST: vec(, Mayor, City 0 Mary E.'Murp y, City Clerk, City of Orange 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 t/~> !1..~. Mary E. Murphy, City Cler, . 2