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Resolution No. 380118 RESOLUTION NO. 3801 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING ITS INTENTION TO ISSUE BONDS SECURED BY A SPECIAL TAX TO FINANCE CERTAIN FACILITIES IN AND FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 1 (SORRENTO HOMES) WHEREAS, the City Council (the "City Council ") of the City of Cypress (the "City ") has adopted Resolution No. 3800 on August 6, 1990, 1990, wherein it declared its intent — io o establish a community facilities district to provide certain facilities (as defined in said Resolution No. 3800 , and herein the "Facilities ") and to levy a special tax to pay for the Facilities under and pursuant to the terms and provisions of the "Mello -Roos Community Facilities Act of 1982 ", as amended, (the "Act "), being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, such community facilities district to be known and designated as "Community Facilities District No. 1 (Sorrento Homes)" (the "Community Facilities District "); and WHEREAS, it is the intention of the City Council to finance all or a portion of the Facilities through the issuance of bonds, the payment of interest on and principal of which bonds will be secured by special tax, all as authorized pursuant to the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CYPRESS, AS FOLLOWS: Section 1. All of the above recitals are true and correct. Section 2. The City Council hereby declares that the public convenience and necessity require and it is necessary that a bonded indebtedness be incurred to finance all or a portion of the Facilities for the Community Facilities District. Section 3. The purpose for the proposed bonded indebtedness is generally described as follows: The funding, financing, construction, installation, rehabilitation and acquisition of certain public facilities, encompassing streets and highways, drainage facilities, sewer facilities, traffic and safety lighting facilities, parkway landscaping improvements, and school facilities, together with appurtenances and appurtenant work, and including the acquisition where necessary, in public streets and rights -of -way to serve properties within the Community Facilities District which are public facilities that the City or a public agency is authorized by law to contribute revenue to or to construct, own or operate, which are necessary to meet present or increased demand upon the City and other public agencies as a result of development occurring within the boundaries of the Community Facilities District, including the cost of purchase of completed RES23453 1 0 facilities, construction, expansion or rehabilitation of facilities, and all related incidental expenses as authorized by the Act. Section 4. The amount of the proposed bonded indebtedness to be incurred to finance all or a portion of the Facilities (including incidental expenses as authorized by the Act) shall not exceed fifteen million five hundred thousand dollars ($15,500,000). Section 5. This City Council, acting as legislative body for the Community Facilities District, intends to authorize the issuance and sale of bonds in the maximum aggregate principal amount of not to exceed $15,500,000, bearing interest payable semi - annually or in such other manner as this City Council shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of the sale of such bonds, and maturing not to exceed forty (40) years from the date of the issuance of said bonds. Section 6. Notice is given that on the 10th day of September, 1990, at the hour of 7:30 o'clock p.m., in the City Council Chambers, City of Cypress, a public hearing will be held on the intention of the City Council to incur a bonded indebtedness to finance all or a portion of the Facilities in the Community Facilities District. At the above - mentioned time and place for such public hearing, any persons interested, including all taxpayers, property owners and registered voters within the Community Facilities District, may appear and be heard on the proposed debt issue or on any other matters set forth herein, and they may present any matters relating to the necessity for incurring such bonded indebtedness to pay for all or a portion of the Facilities and to be secured by a special tax to be levied within the Community Facilities District. Section 7. Notice of the time and place of such public hearing shall be given by the City Clerk by publication one time in a newspaper of general circulation published in the area of the proposed Community Facilities District, in accordance with Sections 53346 and 53347 of the Act. The publication of said notice shall be completed at lease fifteen (15) days before the date herein set for said public hearing. Said notice shall be substantially in the form of Exhibit A hereto. PASSED AND ADOPTED by the City Council of the City of Cypress at an adjourned regular meeting held on the 6th day of August, 1990. RES23453 2 OR F THE TY 0 PRESS ATTEST: CIT'Y�CLERK F THE TY OF CYPRESS STATE OF CALIFORNIA ) ss COUNTY OF ORANGE I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at an adjourned regular meeting of the said City Council held on the 6th day of August, 1990, by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCIL MEMBERS :Arnold, Bowman, Kenal and Kerry 0 COUNCIL MEMBERS:None 0 COUNCIL MEMBERS:None ABSTAINED: 0 RES23453 COUNCIL MEMBER Age CITY CLERK F 'HE CITY OF CYPRESS 183 18 EXHIBIT A NOTICE OF PUBLIC HEARING CITY OF CYPRESS Community Facilities District No. 1 (Sorrento Homes) Notice is hereby given that on , 1990, the City Council of the City of Cypress adopted a Resolution entitled "Resolution of the City Council of the City of Cypress Declaring its Intention to Issue Bonds Secured by a Special Tax to Finance Certain Facilities in and for Proposed Community Facilities District No. 1 (Sorrento Homes) ". Pursuant to the Mello -Roos Community Facilities Act of 1982 (the "Act ") the City Council of the City of Camarillo hereby gives notice as follows: A. The text of said Resolution is as follows: WHEREAS, the City Council (the "City Council ") of the City of Cypress (the "City ") has adopted Resolution No. on , 1990, wherein it declared its intention to establish a community facilities district to provide certain facilities (as defined in said Resolution No. , and herein the "Facilities ") and to levy a special tax to pay for the Facilities under and pursuant to the terms and provisions of the "Mello -Roos Community Facilities Act of 1982 ", as amended, (the "Act "), being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, such community facilities district to be known and designated as "Community Facilities District No. 1 (Sorrento Homes)" (the "Community Facilities District "); and WHEREAS, it is the intention of the City Council to finance all or a portion of the Facilities through the issuance of bonds, the payment of interest on and principal of which bonds will be secured by special tax, all as authorized pursuant to the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CYPRESS, AS FOLLOWS: Section 1. All of the above recitals are true and correct. Section 2. The City Council hereby declares that the public convenience and necessity require and it is necessary that a bonded indebtedness be incurred to finance all or a portion of the Facilities for the Community Facilities District. Section 3. The purpose for the proposed bonded indebtedness is generally described as follows: The funding, financing, construction, installation, rehabilitation and acquisition of certain public facilities, encompassing streets and highways, drainage facilities, sewer facilities, traffic and safety RES23453 lighting facilities, parkway landscaping improvements, and school facilities, together with appurtenances and appurtenant work, and including the acquisition where necessary, in public streets and rights -of -way to serve properties within the Community Facilities District which are public facilities that the City or a public agency is authorized by law to contribute revenue to or to construct, own or operate, which are necessary to meet present or increased demand upon the City and other public agencies as a result of development occurring within the boundaries of the Community Facilities District, including the cost of purchase of completed facilities, construction, expansion or rehabilitation of facilities, and all related incidental expenses as authorized by the Act. Section 4. The amount of the proposed bonded indebtedness to be incurred to finance all or a portion of the Facilities (including incidental expenses as authorized by the Act) shall not exceed fifteen million five hundred thousand dollars ($15,500,000). Section 5. This City Council, acting as legislative body for the Community Facilities District, intends to authorize the issuance and sale of bonds in the maximum aggregate principal amount of not to exceed $15,500,000, bearing interest payable semi - annually or in such other manner as this City Council shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of the sale of such bonds, and maturing not to exceed forty (40) years from the date of the issuance of said bonds. Section 6. Notice is given that on the 10th day of September, 1990, at the hour of 7:30 o'clock p.m., in the City Council Chambers, City of Cypress, a public hearing will be held on the intention of the City Council to incur a bonded indebtedness to finance all or a portion of the Facilities in the Community Facilities District. At the above - mentioned time and place for such public hearing, any persons interested, including all taxpayers, property owners and registered voters within the Community Facilities District, may appear and be heard on the proposed debt issue or on any other matters set forth herein, and they may present any matters relating to the necessity for incurring such bonded indebtedness to pay for all or a portion of the Facilities and to be secured by a special tax to be levied within the Community Facilities District. Section 7. Notice of the time and place of such public hearing shall be given by the City Clerk by publication one time in a newspaper of general circulation published in the area of the proposed Community Facilities District, in accordance with Sections 53346 and 53347 of the Act. The publication of said notice shall be completed at lease fifteen (15) days before the date herein set for said public hearing. Said notice shall be substantially in the form of Exhibit A hereto. B. The hearing referred to in the aforesaid Resolution shall be at the time and place specified in said Resolution. RES23453 18G C. At that time and place any person interested, including persons owning property in the area of the proposed Community Facilities District, will be heard upon the proposed debt issue. Dated: /s/ City Clerk