RES-7920 Calling Special Election Related to Community Facilities District No. 91-2 Serrano HeightsRESOLUTION NO.7920
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE CALLING SPECIAL ELECTION
Community
Serrano
Facilities District No. 91-
2 Heights Public
Improvements)WHEREAS, on this date, this City Council adopted
a resolution entitled "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" (the "Resolution
of Formation"),ordering the formation of City of Orange
Community Facilities District No. 91-2 (Serrano Heights
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 a resolution entitled "A Resolution of the City Council
of the City of Orange Determining the Necessity to
Incur Bonded Indebtedness within the City of Orange Community Facilities
District No. 91-2 Serrano Heights 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 40,000,000 upon the security of said special
tax to be levied
within the District; and WHEREAS, pursuant to the provisions
of said resolutions, the propositions of the levy of said special
tax, the establishment of the appropriations limit and the
incurring of the bonded indebtedness shall be submitted to the
qualified electors of the District as required by the Mello-
Roos Community Facilities Act of
1982, as amended (the "Act").NOW, THEREFORE, BE IT RESOLVED by
the City Council of the
City of Orange as follows:Section I. Pursuant to Sections 53326,
53353.5 and 53325.7 of the Act, 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 II. As authorized by Section 53353.
5 of the Act, the three propositions described in
combined
attached
herein.
into a single ballot measure, the form
h:ereto as Exhibit "A" and by this reference
Said form of ballot is hereby approved.
of which is
incorporated
Section III. 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 by this
City Council for the purposes of these proceedings. Accordingly,
and pursuant to Section 53326 of the Act, this City Council finds
that for purposes of these proceedings the qualified electors are
the landowners within the District and that the vote shall be by
said landowners or their authorized representatives, each having
one vote for each acre or portion thereof such landowner owns in
the District as of the close of said public hearings.
section IV. This City Council hereby calls a special
election to consider the measures described in paragraph 2 above,
which election shall be held in the meeting room of this City
Council immediately following adoption of this Resolution. 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 certified map of the proposed
boundaries of the District, and a sufficient description to allow
the City Clerk to determine the boundaries of the District.
The voted ballots shall be
immediately following the adoption
all of the qualified voters have
closed.
returned to the City Clerk
of this Resolution; and when
voted the election shall be
Section V. Pursuant to Section 53327 of the Act, the
election shall be conducted by mail or hand -deli vered ballot
pursuant to Section 1340 of the California Elections Code. This
ci ty Council hereby finds that paragraphs (a), (b), (c) (1) and
c) (3) of said section 1340 are applicable to this special
election.
Section VI. 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 indicates the number of votes to be voted by
the respective landowner to which it pertains.
Each ballot was accompanied by all supplies and written
instructions necessary for the use and return of the ballot. The
envelope to be used to return the ballot was enclosed with the
ballot, had the return postage prepaid, and contained the
following: (a) the name and address of the landowner, (b) a
declaration, under penalty of perjury, stating that the voter is
the owner of record or authorized representative of the landowner
entitled to vote and is the person whose name appears on the
envelope, (C) the printed name, signature and address of the
voter, (d) the date of signing and place of execution of the
2-
Resolution No. 7920
declaration described in clause (b) above, and (e) a notice that
the envelope contains an official ballot and is to be opened only
by the canvassing board.
Analysis and arguments with respect to the ballot measures
are hereby waived, as provided in Section 53327 of the Act.
Section VII. The City Clerk shall accept the ballots of the
qualified electors in the meeting room of this City Council
immediately after the adoption of this Resolution, whether said
ballots be personally delivered or received by mail. The City
Clerk shall have available at said location ballots which may be
marked on the election day by said qualified electors.
Section VIII. This City Council hereby further finds that
the provision of Section 53326 of the Act 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 voted ballot of the
eligible landowner within the District contained a waiver of the
time limit pertaining to the conduct of the election.
Accordingly, this City Council finds and determines that said
qualified electors have been fully apprised of and have agreed to
the shortened time for the election 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 IX. The City Clerk is hereby directed to publish in
a newspaper of general circulation circulating within the area of
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 17th day of December< 1991 .
ATTEST:
d'4;~ g (lvn~~
City Cle of e~ity of 0 ange
3-
Resolution No. 7920
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 17th day of December , 1991,
by the following vote:
AYES:
NOES:
ABSENT:
SPURGEON
COUNCIL MEMBERS: STEINER, BARRERA, MAYOR BEYER, COONTZ,
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
4<~ OQJ~#
City Cle f6hetprty of Orange
4-
Resolution No. 7920
F.XHTRIT A
OFFICIAL BALLOT
SPECIAL TAX ELECTION
CITY OF ORANGE
COMMUNITYFACllJTIES DISTRICT NO. 91-
2 SERRANO HEIGHTS PUBLIC
IMPROVEMENTS)This ballot is for a special, landowner election. You must return this ballot in
the enclosed postage paid envelope to the office of the City Clerk of the City of Orange no
later than immediately after adoption of the resolution of the City Council calling said
election on December 17, 1991, either by mail or in person. The City Clerk's office is located at
300 East Chapman Avenue, Orange, California
92666-1591.To vote, mark a cross (X) on the voting line after the word "YES" or after
the word NO". All marks otherwise made are forbidden. All distinguishing marks
are forbidden and make the
ballot void.If you wrongly mark, tear, or deface this ballot, return it to the City Clerk
of the City of Orange and
obtain another.BALLOT MEASURE: Shall the City of Orange
incur an indebtedness and issue bonds in one or more series
in the maximum aggregate principal amount of $40,000,000,
with interest at a rate or rates not to exceed the maximum interest
rate permitted by law at the time of sale of such bonds on behalf of the City
of Yes:Orange Community Facilities District No. 91-
2 (Serrano Heights Public Improvements) (the "District"), the proceeds of
which will be used to finance certain public improvements; shall
a special tax payable solely from lands within the District be
levied annually No:upon lands within the District to pay for the
principal and interest upon such bonds and the costs of the City
in administering the District, and shall the annual appropriations limit of
the District be established in the amount of $
4,OOO,OOO?By execution in the space provided below, you also indicate your waiver
of the time limit pertaining to the conduct of the election and any' requirement
for analysis and arguments with respect to the ballot measure, as such waivers
are described and permitted by Section 53326(a) and 53327(b) ofthe
California Government Code.Number
of Votes:
517
Property Owners:A-
I