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RES-10139 Community Facilities District No. 06-1 Del Rio Public Improvements Appropriations LimitRESOLUTION NO. 10139 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 WHEREAS, on November 7,2006, this City Council adopted Resolution No. 10129 entitled "A Resolution of the City Council of the City of Orange Declaring Its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes ThereinDel Rio" (the Resolution of Intention) stating its intention to form the City of Orange Community Facilities District No. 06-1 (Del Rio Public Improvements) (the District) pursuant to the Mello-Roos Community Facilities Act of 1982, California Government Code Section 53311 et seq. (the Law); and WHEREAS, the Resolution of Intention, incorporating by reference a map of the proposed boundaries of the District and describing the public improvements (the Facilities) and public services (the Services) eligible to be financed by the District, the cost of financing the costs of the Facilities and Services and the rate and method of apportionment of the special tax to be levied within the District to pay the costs of the Facilities and Services and to pay the principal and interest on bonds proposed to be issued for 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, the Resolution of Intention called for a public hearing on the District to be held on December 12, 2006, and on this date this City Council held the public hearing as required by the Law and the Resolution of Intention relative to the proposed formation of the District; and WHEREAS, at the hearing all interested persons desiring to be heard on all matters pertaining to the formation of the District, the Facilities and Services eligible to be funded by the District, and the levy of the special tax were heard and a full and fair hearing was held; and WHEREAS, prior to the hearing it was mentioned that changes have been made to the rate and method of apportionment of special taxes for the District, including changes to reduce certain maximum special tax rates, and a revised rate and method of apportionment of special taxes, in the form of Exhibit A to this Resolution, was introduced and it was acknowledged that copies of said revised rate and method of apportionment of special taxes had been provided to the owners of the land in the District prior to the conduct of the public WHEREAS, at the hearing evidence was presented to this City Council on the matters before it, including a report by the Director of Public Works of the City of Orange (the Report) as to the Facilities and Services eligible to be funded by the District and the costs thereof, a copy of which is on file with the City Clerk, and this City Council at the conclusion of the hearing was fully advised regarding the District; and WHEREAS, written protests with respect to the formation of the District andlor the furnishing of specified types of Facilities or Services, or other specific purposes of the District, as described in the Report 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 costs of the Facilities and the Services, as set forth in Exhibit A to this Resolution, 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 ofland within the District and not exempt from the special tax.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY RESOLVE AS FOLLOWS:Section 1. The foregoing recitals are true and correct.Section 2. The proposed special tax to be levied within the District has not been precluded by majority protest pursuant to Section 53324 of the Law. On February 24, 1998,this City Council adopted Resolution No. 8884 adopting "Policy Guidelines Regulating the Use of Public Financing Mechanisms to Finance Public Facilities," and this City Council hereby finds and determines that the District is in conformity with said policy guidelines.Section 3. 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 Law.Section 4. The community facilities district designated "City of Orange Community Facilities District No. 06-1 (Del Rio Public Improvements)" is hereby established pursuant to the Law.Section 5. The boundaries of the District, as described in the Resolution of Intention and set forth in the boundary map of the District recorded on November 7, 2006 in the Orange County Recorder's Office at Book 91 of Maps of Assessment and Community Facilities Districts at Page 49 (instrument no. 2006-752274), are hereby approved, are incorporated herein by this reference and shall be the boundaries of the District.Section 6. The type of Facilities and Services eligible to be funded by the District pursuant to the Law are as described in Exhibit A to the Resolution ofIntention, which Exhibit is by this reference incorporated herein. This City Council hereby finds that the Facilities and the Services are necessary to meet increased demands placed upon local agencies as the result of development occurring Section 7. Except to the extent that funds are otherwise available to the District to pay for the Facilities, the Services andlor to pay 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 recordation of a continuing lien against all non-exempt real property in the District, will be levied within the District and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this City Council shall detemline, including direct billing of the affected property owners. 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 maximum amount such owner will have to pay, are described in Exhibit A to this Resolution, which Exhibit is by this reference incorporated herein. This City Council hereby finds that the basis for the levy and apportionment of the special tax, as set forth in such rate and method of apportionment of special taxes for the District, is reasonable.Section 8. The Director of Finance of the City of Orange, 300 East Chapman A venue,Orange, CA 92866-1591, telephone number (714) 744-2235, is the officer of the City that will be responsible for preparing annually and whenever otherwise necessary 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 Law.Section 9. 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 10. In accordance with Section 53325.7 of the California Government Code,the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, of the District is hereby preliminarily established at $47, 000,000 and said appropriations limit shall be submitted to the voters of the District as provided below. The proposition establishing the 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 Law.Section 11. Pursuant to the provisions of the Law, the proposition of the levy of the special tax and the proposition of 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 election shall be as specified by a separate resolution of this City Council.Section 12. This Resolution shall take effect upon its adoption.ADOPTED this 12th day of ATTEST: 6 Mary E.ange 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 ti?i:-1I{L~ Mary . M ,City G " of Orange 4