RES-7918 Formation of Community Facilities District No. 91-2 Serrano HeightsRESOLUTION NO. 7918
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE OF FORMATION OF CITY OF
ORANGE COMMUNITY FACILITIES DISTRICT NO.
91-2 (SERRANO HEIGHTS
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
Community
Serrano Facilities District No.
91-2 Heights
Public Improvements)WHEREAS, on November 12, 1991, this City Council
adopted a resolution entitled "A Resolution of the City Council of
the City of Orange of Intention to Establish a
Community Facilities District and to Authorize the Levy of Special Taxes
Pursuant to the Mello-Roos Community Facilities Act of
1982" (the "Resolution of Intention"), stating its intention to form the
City of Orange Community Facilities District No. 91- 2 (
Serrano Heights Public Improvements) (the "District"), pursuant
to the Mello-Roos Community Facilities Act of 1982, as
amended (the "Act"); and WHEREAS, the Resolution of Intention,
incorporating a map of the proposed boundaries of the District
and stating the facilities to be financed, the cost of providing such
facilities and the rate and method of apportionment of the special tax
to be levied within the District to pay the principal and
interest on bonds proposed to be issued with respect to 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, on this date, this City
Council held a noticed public hearing as required by the Act
and the Resolution of Intention relative to the proposed formation
of the District; and WHEREAS, at said hearing all
interested persons desiring to be heard on all matters pertaining to the
formation and extent of the District, the facilities to be provided
therein and the levy of said special tax were heard and a full
and fair
hearing was held; and WHEREAS, at said hearing evidence was
presented to this City Council on said matters before it, including
a report by the Director of Public Works of the City (the "
Report") as to the facilities to be provided through the
District and the costs thereof, a copy of which is on file with the
City Council at the conclusion of said hearing was fully advised
with respect to the premises; and
WHEREAS, copies of the Report and the list of facilities to
be financed and rate and method of apportionment of the special
taxes have been delivered to the landowners within the District
prior to the date hereof; and
WHEREAS, written protests with respect to the formation of
the District, the furnishing of specified types of facilities and
the rate and method of apportionment of the special taxes 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 the proposed facilities to be
provided therein, as set forth in Exhibit B hereto, 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 of land within the
District and not exempt from the
special tax.NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Orange
as follows:Section I. The foregoing recitals are true
and correct.Section II. The proposed special
tax to District has not been precluded
by majority Section 53324 of
the Act.be levied
within the protest
pursuant to Section III. 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 Act.Section IV. The community facilities
district designated City of Orange Community Facilities District No.
91-2 (Serrano Heights Public Improvements)" is hereby
established pursuant
to the Act.Section V. The boundaries of the District, as
set forth in the map of the District heretofore recorded in
the Orange County Recorder's Office in Book 57 at Pages 44-47
of Maps of Assessment and Community Facilities Districts,
are hereby approved, are incorporated herein by reference and shall
be the
boundaries of the District.Section VI. The type of public
facilities proposed to be financed by the District and pursuant to the
Act
shall consist of
EXHIBIT A
DESCRIPTION OF
BY
FACILITIES TO
THE DISTRICT
BE FINANCED
City of Orange
Community Facilities District No. 91-
2 Serrano Heights Public
Improvements)
FACILITIES:It is expected that the District will finance all or
a portion of the costs of the
following:1. Serrano Avenue and Related Improvements: Construction
of Serrano Avenue wi thin and in the vicinity of the
District.Construction of water, sanitary sewer and storm
drain improvements, equestrian trails and landscaping adjacent and/or
in the vicinity of such road
construction.The foregoing shall include costs related to
mobilization,site preparation (including removal of existing
improvements),grading, curb, gutter, sidewalk, paving, slope and
erosion control, street lights, signalization and signage, striping,
walls and fences, grading of pump station site and provision of
site improvements including water lines and access routes, planning
and civil engineering, soils engineering, blueprints, fees
and permits, cost of repairs for City acceptance and costs of
any other facilities or appurtenances incident to or necessitated
by such
construction.2. West Loop Road, Park, Water Reservoir and
Related Improvements: Construction of a loop road off of Serrano
Avenue wi thin the boundaries of the District. Cons truction of
water,sanitary sewer, storm drain improvements, equestrian trails
and landscaping adjacent and/or in the vicinity of such
road construction. Grading of land for a park and a water
reservoir within or in the vicinity of the District and other
site preparation costs, and construction thereon of
related improvements including but not limited to any water lines
incident to such
reservoir.The foregoing shall include costs related to
mobilization,si te preparation (including removal of existing
improvements),grading, curb, gutter, sidewalk, paving, slope and
erosion control, street lights, signalization and signage, striping,
walls and fences, planning and civil engineering, soils
engineering,blueprints, fees and permits, cost of repairs for City
acceptance
A-I Resolution
and costs of any other' facilities or appurtenances incident to or
necessitated by such construction.
3. East Collector Road and Related Improvements:
Construction of a col~ector road off of Serrano Avenue within and
in the vicinity of the District. Construction of water, sanitary
sewer, storm drain improvements and ~andscaping adjacent and/or in
the vicinity of such road construction.
The foregoing sha~~ include costs re~ated to mobi~ization,
si te preparation (including remova~ of existing improvements),
grading, curb, gutter, sidewa~k, paving, slope and erosion
contro~, street lights, signa~ization and signage, striping, walls
and fences, p~anning and civil engineering, soils engineering,
blueprints, fees and permits, cost of repairs for City acceptance
and costs of any other facilities or appurtenances incident to or
necessitated by such construction.
4. Water Facilities: Acquisi tion, construction and/or
insta~~ation of the following improvements, including any costs
re~ated to mobilization, site preparation, site acquisition,
grading, planning and civil engineering, soils engineering,
b~ueprints, fees and permits and costs of any other faci~ities or
appurtenances incident to or necessitated by such construction:
a) ~100 zone water tank within or in the vicinity of
the District.
b) 885 to 1100 zone pump station ~ocated within or in
the vicinity of the District.
c) 736 to 885 zone pump station located west of the
District.
d) Two water tanks, one 885 zone and one 1100 zone
genera~~y located west of the District.
5. Transportation System Improvements: Acquisition,
construction and/or installation of the fo~~owing improvements,
including any costs related to mobilization, site preparation,
site acquisition, grading, planning and civi~ engineering, soi~s
engineering, blueprints, fees and permits and costs of any other
facilities or appurtenances incident to or necessitated by such
construction:
a) Arterial Street Improvements: Nohl Ranch Road
Santiago to E.C.L.: Santiago Canyon Road - Hewes to Jamboree:Wanda -
Co~~ins to Wa~nut: Hewes - Bond to Santiago Canyon Road: and Chapman -
Crawford to Orange Park Bou~evard.b) Freeway Ramp and
Bridge Improvements: Lorna Street Bridge: La Veta at
Freeway 55 Bridge Widening: and Fairhaven at Freeway 55 -
Bridge Widening.A-2 Resolution No. 7918
c) Signalization: Chapman/Trails End; Jamboree/Fort
Road; Santiago/Robinhood; Santiago/Villa Real; Santiago
Canyon/Windes; Meats/Featherhill; La Veta/Prospect; La
Veta/Yorba; La Veta/Esplanade; Collins/Handy; Canyon
View/Outrider; Santiago Canyon/Orange Park; Chapman/Orange
Park; Serrano/Yellowstone; Prospect/Bond;
Fairhaven/Esplanade; and Santiago/Arnapola.
d) Other Transportation System Improvements: Street
Scan - Audio Visual Surveillance System; Bus/Parking Bays;Signal
System Master Increase Capacity; and other Operational
Improvements.6.
Fire Protection Facilities Improvements: Acquisition,construction
and/or installation of the following improvements,including
any costs related to mobilization, site preparation,site
acquisition, grading, planning and civil engineering, soils engineering,
blueprints, fees and permits and costs of any other facilities
or appurtenances incident to or necessitated by such construction:
a)
Acquisition of a site for and construction of a new fire
station in the general vicinity of the District.b)
Acquisition of equipment and fire fighting apparatus
with an estimated useful life of five years or longer
incident to the operation of a fire station, including but
not limited to a pumper truck and related equipment and paramedic
equipment.7.
Other Capital Facilities: Rehabilitation, remodeling and improvement
of the City's Civic Center, including but not limited to
the space in the Civic Center vacated by the Police department,including
any costs related to planning and engineering, blue prints,
asbestos removal, fees and permits and costs of any work or
appurtenances incident to or necessitated thereby.OTHER:
1.
Costs of engineering, design, planning and coordination related
to the above-listed facilities.
2. Bond related expenses, including bond counsel and all
other incidental expenses.
3. Administrative fees of the City of Orange and any Bond
fiscal agent related to the District and the Bonds.
A-
3 Resolution No.
EXlUBITB
RATE AND METHOD OF APPORTlONMENf FOR
THE CITY OF ORANGE
COMMUNITY FACILITIES DISTRICT NO. 91-
2 SERRANO HEIGlITS PUBLIC
IMPROVEMENfS)A Special Tax (the "Special Tax") shall be levied and collected in the City of Orange ("
the City") Community Facilities District No. 91-2 (Serrano Heights Public
Improvements) ("CFD No. 91-2") each Fiscal Year, in an amount determined by the Finance Director of
the City or his designee through the application of the procedures described below. All of
the real property in CFD No. 91-2, unless exempted by law or by the provisions hereof, shall
be taxed for the purposes, to the extent and in
the manner
herein provided.A. DEFlNITIONS The terms used herein shall
have the following meanings:Act" means the Mello-Roos Community Facilities Act
of 1982, as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government
Code
of the State of California.Administrative Expenses" means any or all of the
following: the reasonable fees and expenses of any fiscal agent (including any fees or expenses
of its counsel) employed by the City in connection with any bonds of CFD No. 91-
2, the reasonable expenses of the City in carrying out its duties under any fiscal
agent agreement with respect to such bonds, including, but not limited to, the levying and
collection of the Special Tax, any City charges and including the reasonable fees and
expenses of its counsel, an allocable share of the salaries of City staff directly related
thereto and a proportionate amount of City general administrative overhead related thereto, and
all other costs and expenses of the City or any fiscal agent incurred in connection
with the discharge of their respective duties under any fiscal agent agreement with respect to such
bonds and, in the case of the City, in any way related to
the administration of CFD No. 91-2.Apartment" means a residential dwelling unit
located in a building which all residential dwelling units are made
available to the general public for rental.Assessor's Parcel" means a lot or parcel shown in
an Assessor's Parcel Map
with an assigned Assessor's Parcel number.Assessor's Parcel Map" means an official map of
the Assessor of the County of Orange
designating parcels by Assessor'
eFD 1991-
2 Page
2 Assigned Special Tax" means the Special Tax for each Land Use Class, as
determined by reference to Table I of Section C below, such amounts to be increased each
Fiscal Year as provided in Section C
below.Backup Special Tax" means for Fiscal Year 1993-94, an amount equal to $0.
654 per Assessor Parcel square foot of land for Taxable Property described in Classes
1 through 7 as specified in Table 1 below. The Backup Special Tax shall be increased
each year to 102% of the amount in effect in the prior
Fiscal Year.City" means the City of
Orange, California.Council" means the City Council of the City, acting as the legislative body of
CFD
No.91-2.County" means the
County of Orange.Developed Property" means all Assessor's Parcels for which a
building permit was issued prior to March 1 of the Fiscal Year preceding the Fiscal Year
for which the Special Tax
is being levied.Fiscal Year" means the period starting any July 1 and ending on
the
following June 30.Flat" means a single-story unit in a building of two or more
units, which units share a common wall and/or
ceiling and/or floors.Home Owners Association" means any association of property owners
in CFD No. 91-2 who own a common undivided interest in property
in CFD No. 91-2.Land Use Class" means any of the classes
listed in Table I below.Maximum Special Tax" means the maximum
Special Tax, determined in accordance with Section C, that can be levied in CFD No. 91-2
in any Fiscal Year on Undeveloped Property and each Land Use
Class of Developed Property, as applicable.Non-Residential" means Developed Property
that has been developed for uses other than residential use, or Developed Property that
is not a Single
Family Detached Unit,Townhome, Flat or Apartment.Prepayment Date" means a date that is at least 60
days prior to an interest
payment for bonds issued
CFD 1991-
2 Page
3 Proportionately" or "Proportioned" shall mean for Developed Property that the
ratio of the actual Special Tax levy to the Assigned Special Tax is equal for all Assessor'
s Parcels of Developed Property. 'Proportionately' or 'Proportioned"' shall mean
for Undeveloped Property that the ratio of the actual Special Tax levy to the
Maximum Special Tax for Undeveloped Property is equal for all Assessor's Parcels of
Undeveloped
Property.Public Property" means any property within the boundaries of CFD No. 91-
2 owned by the federal government, the State of California, any local government
or other
governmental agency.Residential Unit" means a dwelling unit intended for
residential use.Single Family Detached Unit" means an Assessor's Parcel of
Developed Property which contains one
Residential Unit.Special Tax" means the Special Tax to be levied in each Fiscal Year on
each taxable Assessor's Parcel of Developed Property and Undeveloped Property to fund
the Special
Tax Requirement.Special Tax Requirement" means that amount required in any Fiscal Year to
pay: (1)debt service and other periodic costs on the bonds or other indebtedness of CFD
No. 91-2 due in the calendar year commencing in such Fiscal Year, (2) the cost
of acquisition or construction of authorized facilities of CFD No. 91-2, (
3) the Administrative Expenses, (4) costs of authorized services of CFD No. 91-2, (5)
any amount required to replenish any reserve fund established in association with bonds issued
for CFD No. 91-2, (6) an amount equal to the estimated delinquencies expected in
payment of the Special Tax, as determined by the City Finance Director or his designee, and (
7) the costs of remarketing, credit enhancement and liquidity facility fees (
including such fees for instruments that serve as the basis of a reserve fund related to
any indebtedness
in lieu of cash).Taxable Property" means all Assessor's Parcels located in CFD
No. 91-2 which are not exempt from the Special Tax pursuant to
law or Section E below.Town Home" means a two story unit in a building of two
or more units, which
units share a common walls.Undeveloped Property" means all Taxable
Property
not classified as Developed
CFD 1991-
2 Page
4 B. ASSIGNMENT TO LAND USE
CATEGORIES For each Fiscal Year, all Taxable Property shall be classified as Developed Property
or Undeveloped Property as of March 1 of each Fiscal Year and shall be subject to
the Special Tax in accordance with the rate and method of apportionment described
in Sections C and D below. For purposes of determining the applicable Assigned
Special Tax for each Assessor's Parcel of Developed Property, all Developed Property shall
be assigned by the City or its designee as of March 1 of each Fiscal Year to one of the
land Use Classes designated in Table I
below.Residential Units shall be assigned to land Use Classes 1 through 7 based on
the structure type and the square footage of the Residential Unit. The square footage of
a structure assigned to Land Use Classes I through 7, by the City or its designee, shall
be calculated by the City or its designee exclusive of garages, common areas and
other structures which are not used as living spaces. Non-residential development
shall be assigned to
Class 8.C. MAXIMUM SPECIAL
TAX RATES 1.
Developed Property The Maximum Special Tax for any Fiscal Year for each Assessor'
s Parcel classified as Developed Property shall be the greater of (i) the amount
derived by multiplying the square footage applicable to the Assessor's Parcel by
the Backup Special Tax, or (ii) the amount derived by application of the
applicable Assigned
Special Tax.The Assigned Special Tax for each land Use Class is shown below in
Table 1.Resolution No.
CFD 1991-
2
PageS TABLE
I Assigned Special Taxes
for Developed Property of CFD No.
91-2 Class Land Use SquarifFoOtage ~$Pecial
Tall: Rates Ii... .... of
Buildinif '\)1993-94 .'I Single Family 2,651 and above $4,
013 per
unit Detached Unit 2 Single Family 2,201 - 2,650 $3,362
per unit
Detached Unit 3 Single Family 1,800 - 2,200 $3,037 per
unit Detached
Unit 4 Single Family less than 1,800 $2,820 per
unit Detached
Unit 5 Town Home N/A $2,115 per
unit 6 Flat N/A $1,464 per
unit 7 Apartment N/A $ 759 per
unit 8 Non-Residential N/A $27,600 per net
taxable acre The Maximum Special Tax for Developed Property may exceed
the Assigned Special Tax if the Backup Special Tax alternative is used ($0.654 per
square foot of lot space for Developed Property). The Backup Special Tax (
for Developed Property) will be applied under the fourth and fifth steps of Section D (
below) to
the following:1. Class 1 lots larger than 6,140
square feet.2. Class 2 lots larger than 5,144
square feet.3. Class 3 lots larger than 4,647
square feet.4. Class 4 lots larger than 4,315
square feet.5. Townhome units in Class 5 for which densities are less
than 14 units
per acre.6. Flat units in Class 6 for which densities are less than 19
units
per acre.7. Apartment units in Class 7 for which densities are less
than 37 units
per acre.Resolution No.
CFD 1991-
2 Page
6 On each July 1, commencing July 1, 1994, the Backup Special Tax(es) and
the Assigned Special Tax for each land Use Class shall be increased to 102
percent of the respective Backup Special Tax or Assigned Special Tax, as applicable,
in effect in the previous Fiscal
Year.2. Undeveloped
Property The 1993-94 Maximum Special Tax for Undeveloped Property shall be $
27,600
per acre.On each July 1, commencing July 1, 1994, the Maximum Special
Tax for Undeveloped Property shall be increased to 102% of the Maximum
Special Tax in effect in the previous
Fiscal Year.D. METHOD OF APPORTIONMENT OF THE
SPECIAL TAX Commencing with Fiscal Year 1993-94, and for each following Fiscal
Year, the City Finance Director or his designee shall determine the Special Tax
Requirement for the
applicable Fiscal Year.The City Finance Director or his designee shall levy the Special Tax in
each Fiscal Year,as provided below, until the aggregate amount of the levy equals
the Special Tax Requirement for
such Fiscal Year:First: The Special Tax shall be levied Proportionately on each Assessor'
s Parcel of Developed Property up to 91 % of the applicable Assigned Special Tax for
each Land Use Class
of Developed Property.Second: If additional monies are needed after the first step has
been completed, the Special Tax shall be levied Proportionately on each Assessor's
Parcel of Undeveloped Property, up to 91 % of the Maximum Special Tax
for Undeveloped Property.Third: If additional monies are needed after the first two steps
have been completed,then the levy of the Special Tax on each Assessor's Parcel of
Developed Property, and Undeveloped Property shall be increased in equal percentages
from the amounts calculated pursuant to steps 1 and 2 above, up to 100 percent of
the applicable Assigned Special Tax for Developed Property and up to 100 percent of the
Maximum Special Tax
for Undeveloped Property.Fourth: If additional monies are needed after the first three steps
have been completed,then the levy of the Special Tax on each Assessor's Parcel of
Developed Property whose Maximum Special Tax is determined through the application of the
Backup Special Tax shall be increased in equal percentages from the Assigned Special Tax
up to the Maximum Special Tax, except for Assessor's Parcels with Single
Family Detached Units on lots that exceed 8,500 square feet, for which the Special Tax shall
be the Backup Special Tax multiplied by 8,
500 square feet.Resolution
No.
CFD 1991-
2 Page
7 FiCth: If additional monies are needed after the first four steps have been
completed,then the levy of the Special Tax on each Assessor's Parcel of Developed Property
with Single Family Detached Units on lots that exceeds 8,500 square feet whose
Maximum Special Tax is determined through the application of the Backup Special Tax shall
be increased in equal percentages from the Special Tax calculated under the fourth step
up to the Maximum Special Tax for each such Assessor's
Parcel.E.
EXEMPTIONS The Council shall not levy a Special Tax on (i) properties owned by the State
of California, Federal or other local governments or public agencies except as
otherwise provided in Sections 53317.3 and53317.5 of the Act, or (ii) property owned by a
Home Owners Association or (iii) properties encumbered with utility easements which
make impractical their utilization for any use other than purposes set forth in the easements
or iv) any Assessor Parcel for which the Special Tax has been prepaid under Section
G
below.Any additional land conveyed or irrevocably offered for dedication to a public
agency after formation of CFD No. 91-2 shall be subject to the levy of the Special
Tax pursuant to Section 53317.3 or Section 53317.5 of the Government Code and
classified as Undeveloped Property. However, at the direction of the Council, such
Assessor's Parcels may be exempted from the levy of the Special Tax in any Fiscal
Year provided the Special Tax Requirement can be satisfied without imposing a levy on said
Assessor'
s Parcels.F. MANNER
OF COLLECTION The Special Tax will be collected in the same manner and at the same time
as ordinary ad valorem real property taxes, provided, however, that CFD No. 91-
2 may collect Special Taxes at a different time or in a different manner as determined
by the Council,if necessary to meet
its financial obligations.G. PREPAYMENT OF
THE SPECIAL TAX Any property owner in CFD No. 91-2 who desires to prepay the
Special Tax on a particular parcel shall notify the Finance Director of the City in
writing of such intention,and upon payment by such property owner of a non refundable
deposit in an amount determined by the Finance Director of the City (to be
applied against the Prepayment Amount), the Finance Director of the City shall cause to be
determined the amount of prepayment, which determination shall be made no more than
seventy-five (75) days and no less than forth-five (45) days prior to
the expected
date of prepayment (the
CFD 1991-
2 Page
8 A prepayment may be made on any Public Property that is not subject to ad valorem
real property taxation on any Prepayment Date, and a prepayment may be made on any
other parcel on any Prepayment Date after it becomes Developed PlOperty. On any parcel
of property in CFD 91-2 the amount of the prepayment shall be determined according
to the
following formula:P = PVT - RFC + F +
PR The variables are described as
follows:P - Prepayment Amount
PVT - Present Value of Taxes RFC -
Reserve Fund Credit F - Prepayment
Fees PR - Redemption Premium
for Bonds Present Value of Taxes"
or PVT means the Special Tax applicable to the subject parcel in the current Fiscal
Year not yet received by CFD No. 91-2 plus a sum of the present values of the
Maximum Special Tax applicable to the subject parcel in each remaining Fiscal Year subsequent
to the Fiscal Year in which the calculation is made, until the date of the last
maturity of the Bonds, using as the discount rate the combined aggregate yield of the Bonds (
meaning that yield which when computing the present worth of all payments of principal
and interest produces an amount equal to the face value of the Bonds).Reserve Fund
Credit"
or RFC shall be calculated as a reduction in the reserve fund balance for the
Bonds proportional to the principal amount of the Bonds to be redeemed with the proceeds
of the prepayment in relation to the then outstanding principal of the Bonds.Prepayment Fees"
or
F shall mean the fees of CFD No. 91-2, the fiscal agent and any consultants retained
by CFD No. 91-2 in connection with the prepayment calculation and any
redemption of the Bonds with the proceeds of the prepayment, as determined by the Finance
Director of the City.Redemption
Premium on the Bonds" or PR shall mean a prepayment premium as set forth
in any fiscal agent agreement or supplement thereto arising by reason of a redemption
of the Bonds as a consequence of the prepayment of the Special Tax applicable
to the subject parcel in the current Fiscal Year.In
addition to the amount determined under the formula above, the Prepayment Amount shall
include all delinquent Special Taxes, and any interest and penalties owing on the parcel
on which prepayment of the Special Tax is being made.Notwithstanding
the foregoing, no prepayment shall be made on any parcel of property,in
CFD No. 91-2 until such time as no more Bonds will be issued by the City for CFD
No. 91-2, as determined by the
Council.Resolution No. 7918
those items listed as facilities on Exhibit A attached hereto and
by this reference incorporated herein (the "Facilities").
Section VII. Except to the extent that funds are otherwise
available to the District to pay for the Facilities and/or 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 a continuing lien against all non-
exempt real property in the District, is intended to be levied
annually within the District, and collected in the same manner as
ordinary ad valorem property taxes, or in such other manner as
this City Council, by resolution, shall direct. 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
probable maximum amount such owner will have to pay, are described
in Exhibit B attached hereto and by this reference incorporated
herein.
Section VIII. It is hereby
Facili ties are necessary to meet
local agencies as the result of
District.
found and determined that the
increased demands placed upon
development occurring in the
Section IX. The Director of Finance of the City of Orange,
300 East Chapman Avenue, Orange, California 92666-1591,
telephone number (714) 744-2234, is the officer for the City which
will be responsible for preparing annually 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 Act.Section X. 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 XI. In accordance with section 53325.7 of
the Act,the annual appropriations limit, as defined by subdivision (
h) of Section 8 of Article XIII B of the California Constitution,
of the District is hereby preliminarily established at $4,000,
000 and said appropriations limit shall be submitted to the voters
of the District as hereafter provided. The proposition
establishing said annual 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 Act.section XII. Pursuant to the provisions of the
Act, the proposition of the levy of the special tax and the
proposition
of 3-Resolution
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 shall be as
specified by a separate resolution of this City Council.
ADOPTED this 17th day of December , 1991.
ATTEST:
1Juu(~~~~City Cle 0 ~City of range
I hereby certify that the foregoing
regularly adopted by the City Council of
regular meeting thereof held on the 17th
by the following vote: ----
Resolution
was duly and the
City of Orange at a day
of December, 1991,AYES:
NOES:
ABSENT:
COUNCIL
MEMBERS: STEINER, BARRERA, MAYOR BEYER, COONTZ. SPURGEON COUNCIL
MEMBERS: NONE COUNCIL
MEMBERS: NONE f;;&~~
Cr4R(4 Ci
ty Cler of e j!ityof Orange 4-
Resolution
No. 7918