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RES-8546 Directing Recording of Amendment to Notice of Special Tax Lien Community Facilities District No. 91-2RESOLUTION NO. 8546 A RESOLUTION OF THE CITY -1COUNCIL OF THE CITY OF ORANGE DETERMINING THAT ALTERATION OF THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR THE CITY OF ORANGE COMMUNITY FACILITIES DISTRICT NO. 91-2 (SERRANO HEIGHTS PUBLIC IMPROVEMENTS) IS LAWFULLY AUTHORIZED AND DIRECTING RECORDING OF AMENDMENT TO NOTICE OF SPECIAL TAX LIEN.WHEREAS, in proceedings heretofore conducted by this City Council pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), this City Council, on November 14, 1995, adopted a resolution entitled "A Resolution of the City Council of the City of Orange Calling Special Election Regarding Alteration of the Rate and Method of Apportionment of Special Taxes for the City of Orange Community Facilities District No. 91- 2 (Serrano Heights Public hnprovements)" (the "Resolution Calling Election"), calling for a special election of the qualified electors within the City of Orange Community Facilities District 91-2 (Serrano Heights Public hnprovements) (the "District");WHEREAS, pursuant to the tenns of the Resolution Calling Election, which are by this reference incorporated herein, said special election was held on this date, and the City Clerk has on file a Canvass and Statement of Results of Election Regarding Alteration of Rate and Method of Apportionment of Special Taxes, a copy of which is attached hereto as Exhibit A; and WHEREAS, this City Council has reviewed and hereby approves said Canvass.NOW, TlIEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBYRESOLVE AS FOLLOWS:S<.dicn I. The issue presented at said special election was the alteration of the rate and method of apportionment of the special taxes to be levied within the District, as described in the Reso!ution C31ling Election.Section 2. Pursuant to said Canvass on file with the City Clerk, the issue presented at said special election was approved by the qualified electors of the District by more than two-thirds of the votes cast at said special election.Section 3. lbis City Council hereby determines that the alteration of the rate and method of apportionment of the special taxes to be levied within the District, as described in the Resolution Calling Election, is lawfully authorized.Section 4. 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 an amendment to the notice of special tax lien recorded with respect to the District, in substantially the fonn attached hereto as Exhibit B,said recording to occur no later than fifteen days following adoption by this Section 5. 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 with the Act. Section 6. This Resolution shall take effect immediately upon its adoption. ADOPTED this 14th day of November, 1995. II/c /.. < /~ L. ? 7t.-,.-r.Joanne Coontz, Mayor of the City of, ge ATTEST: I 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 14th day of November,1995, by the following vote:AYES: COUNCIL MEMBERS: MURPHY, BARRERA, MAYOR COONTZ,SPURGEON, SLATER COUNCIL MEMBERS: NONE NOES:ABSENT: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE RESO NO. 8546 2-DPWE.<Jr EXHIBIT A CITY OF ORANGE COMMUNITY FACILITIES DISTRICT NO. 91- 2 SERRANO HEIGHTS PUBLIC IMPROVEMENTS)CANVASS AND STATEMENT OF RESULTS OF ELECTION REGARDING ALTERATION OF RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES I hereby certifY that on November 14, 1995, I canvassed the returns of the election held on November 14, 1995, in the City of Orange Community Facilities District No. 91- 2 (Serrano Heights Public Improvements) and the total number of ballots cast in said District and the total number of votes cast for and against the measure are as follows and the total as shown for and against the measure are full, true and correct:Qualified Landowner Votes Votes Cast YES NO City of Orange Community Facilities District No. 91- 2 (Serrano Heights Public Improvements) Special Election November 14, 1995. 517 517 517 0 BALLOT MEASURE: Shall the rate andmethodot' apportionme:'l ':1f t~, special taxes to be levied within the City of Orange Community Facilities District No. 91- 2 ~S~rrano Heights Public Improvements) be altered as described in the resolution of the City Council of the City of Orange, adopted November 14, 1995, entitled" A Resolution of the City Council of the City of Orange Calling Special Election Regarding Alteration of the Rate and Method of Apportionment of Special Taxes for the City of Orange Community Facilities District 91- 2 (Serrano Heights Public Improvements)"?IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this EXffiBITB CITY OF ORANGE COMMUNITY FACILITIES DISTRICT NO. 91- 2 SERRANO HEIGHTS PUBLIC IMPROVEMENTS)FIRST AMENDMENT TO NOTICE OF SPECIAL LIEN Pursuant to the requirements of Section 3114.5 of the California Streets and Highways Code and Section53328.3 of the Mello-Roos Community Facilities Act of 1982, as amended,California Government Code Sections 53311 et. seq. (the "Act"), a Notice of Special Tax Lien with respect to the City of Orange Community Facilities District No. 91-2 ( Serrano Heights Public Improvements) (the "District") was recorded in the Office of the County Recorder of the County of Orange on January 17, 1992, as Instrument No 92-030991.Pursuant to proceedings conducted in accordance with the Act, the rate and method of apportiomnent of the special taxes to be levied within the District has been altered so as to be as specified in the Amended and Restated Rate and Method of Apportiomnent for the City of Orange Community Facilities District No. 91-2 (Serrano Heights Public Improvements) set forth in Exhibit A attached hereto and hereby made a part hereof Pursuant to the requirements of Section 3117.5 of the California Streets and Highways Code and Section 53338(c) of the Act, the undersigned City Clerk of the City of Orange, County of Orange, State of California, hereby gives notice of such changes. Conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied and the lien of the special tax canceled are as set forth in Exhibit A hereto.The name of the owner and the assessor's tax parcel numbers of the real property included within the District and not exempt from the special tax are as set forth in Exhibit B attached hereto and hereby made a part hereof.Reference is made to the boundary map of the District recorded at Book 57 of Maps of Assessment and Community Facilities Districts at Pages 44 through 47, in the office of the County Recorder for the County of Orange, State of California, which map is the boundary map of the District.For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Finance Director of the City of Orange, 300 East Chapman Avenue, Orange, California 92666, telephone number ( 714) 744-2234.r Dated:1995 Cassandra J. Cathcart, City