Resolution No. 38202,15
RESOLUTION NO. 3820
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS DECLARING AND ESTABLISHING COMMUNITY
FACILITIES DISTRICT NO. 1 (SORRENTO HOMES),
PROVIDING FOR THE LEVY OF A SPECIAL TAX TO PAY
FOR CERTAIN PUBLIC FACILITIES IN AND FOR SUCH
COMMUNITY FACILITIES DISTRICT AND CALLING A
SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED
ELECTORS WITHIN SUCH COMMUNITY FACILITIES
DISTRICT THE QUESTION OF LEVYING SUCH SPECIAL
TAX AND ESTABLISHING AN APPROPRIATIONS LIMIT
FOR SUCH COMMUNITY FACILITIES DISTRICT.
WHEREAS, the City Council (the "City Council ") of the
City of Cypress (the "City ") has heretofore on August 6, 1990,
adopted Resolution No. 3800 stating its intention to form a
community facilities district under and pursuant to 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, and calling a public
hearing on the question of the establishment of such community
facilities district, which community facilities district was
designated as "Community Facilities District No. 1 (Sorrento
Homes) of the City of Cypress" (the "Community Facilities
District" or the "District "); and
WHEREAS, a copy of Resolution No. 3800, setting forth
the map of the proposed boundaries of the Community Facilities
District and the facilities proposed to be provided therein, and
the rate and method of apportionment of the special tax proposed
to be'`evied within the District is on file with the Clerk of the
City and incorporated herein by reference; and
WHEREAS, on August 23, 1990, notice was published in the
News Enterprise, Los Alamitos, California, as required by
Government Code Section 53322 relative to the intention of the
City Council to form proposed Community Facilities District, to
levy a special tax within the boundaries of the proposed
Community Facilities District and to establish an appropriations
limit for the proposed Community Facilities District; and
WHEREAS, on September 10, 1990, the City Council
conducted a noticed public hearing as required by the Act
relative to the proposed formation of Community Facilities
District, the levy of the special tax therein, the establishment
of an appropriations limit for the District and the issuance of
bonded indebtedness by the District at the conclusion of which
the City Council determined to proceed with forming the District
through the adoption of this resolution; and
WHEREAS, prior to the commencement of the public hearing
on September 10, 1990, there was filed with the City Council a
report (the "Report ") containing a description of the facilities
necessary and adequate to meet the needs of the District, and an
estimate of the cost of such facilities and incidental expenses
to be financed by the District as required by Section 53321.5 of
the Government Code, and such Report has been reviewed by the
City Council and is incorporated herein and made a part of the
record of the public hearing; and
2 4J
WHEREAS, at the public hearing all persons desiring to
be heard on all matters pertaining to the formation of the
Community Facilities District, the levy of the special tax, the
proposed method and apportionment of the special tax therein, the
establishment of an appropriations limit for the Community
Facilities District, the issuance of bonded indebtedness and all
other matters as set forth in Resolution Nos. 3800 and 3801 were
heard and a full and fair hearing was held; and
WHEREAS, at the public hearing evidence was presented to
the City Council on the matters before it, and this City Council
at the conclusion of the hearing is fully advised as to all
matters relating to the formation of the District, the levy of
the special tax, the establishment of an appropriations limit and
the issuance of bonded indebtedness therein; and
WHEREAS, on the basis of all of the foregoing, the City
Council has determined at this time to proceed with the
establishment of the Community Facilities District, and to call
an election therein to authorize the levy of the special tax
therein (as such tax is more particularly outlined in the Report)
to pay for the public facilities proposed to be financed by the
Community Facilities District, and to establish an appropriations
limit for the Community Facilities District; and
WHEREAS, a negative declaration (the "Negative
Declaration ") regarding the formation of the District and the
proposed issuance of bonded indebtedness by the District has been
prepared in compliance with the California Environmental Quality
Act of 1970 (Public Resources Code, Section 21000 et seq.)
( "CEQA ") and the City's CEQA Guidelines.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED
BY THE CITY COUNCIL OF THE CITY OF CYPRESS, AS FOLLOWS:
Section 3. Each of the above recitals is true and
correct.
Section 3. A community facilities district to be
designated "Community Facilities District No. 1 (Sorrento Homes)
of the City of Cypress" is hereby established pursuant to the
Act. The City Council is hereby appointed to act as the
legislative body of the Community Facilities District pursuant to
the Act. The City Council hereby finds and determines that all
prior proceedings taken with respect to the establishment of the
District were valid and in conformity with the requirements of
law, including the Act. This finding is made in accordance with
the provisions of Section 53325.1 of the Government Code.
Section, 3. The map of the boundaries of Community
Facilities District, as described in Resolution No. 3800, are
incorporated herein, and shall be the boundaries of Community
Facilities District. The map was recorded by the County Recorder
for the County of Orange on August 13, 1990 in Book 52, Page 39
of the book of maps of assessment and community facilities
districts as required by Section 3111 of the Streets and Highways
Code.
Section A. The facilities (the "Facilities ")
authorized to be provided within the Community Facilities
District are the public facilities and appurtenances, including
streets and highways, drainage facilities, sewer facilities,
traffic and safety lighting facilities, parkway landscaping
CYP1 -RES6
-2-
improvements and school facilities together with appurtenances
and appurtenant work, including equipment, real property and
other tangible property, described in Resolution No. 3800 and the
Report and attached hereto as Exhibit "A ", and incorporated
herein and made a part hereof.
Section 1. The City Council has considered the
Negative Declaration prepared with respect to the formation of
the District and the financing of the Facilities which is on file
with the City Council and finds, on the basis of the initial
study attached thereto, that there is no substantial evidence
that the formation of the District and the issuance of bonds to
finance the construction and acquisition of the Facilities will
have a significant effect on the environment and the City Council
approves the Negative Declaration. The Clerk of the City is
hereby authorized and directed to file a Notice of Determination
and a copy of the Negative Declaration with the County Clerk.
Section A. Except where funds are otherwise available,
it is the intention of the City Council to levy annually in
accordance with the procedures contained in the Act a special tax
sufficient to pay for: (i) the Facilities (including incidental
expenses for the design, planning, engineering and inspection of
the Facilities); (ii) the principal and interest and other
periodic costs on the bonds proposed to be issued to finance the
Facilities, including the establishment and replenishment of any
reserve funds deemed necessary by the District, and (iii) the
costs of forming the Community Facilities District and
administering the levy and collection of the special tax and all
other administrative costs related to the special tax levy, bond
issues or District operations. The rate and method of
apportionment of the special tax are described in detail in
Exhibit "B" attached hereto. Exhibit "B" allows each landowner
and resident within the District to estimate the maximum amount
that may be levied against each parcel. The special tax is based
on the expected demand that each parcel of real property within
the Community Facilities District will place on the Facilities
and on the expected benefit that each parcel will derive from the
Facilities or the right to access the Facilities. The City
Council hereby determines the rate and method of apportionment of
the special tax set forth in Exhibit "B" to be reasonable. The
special tax is apportioned to each parcel on the foregoing basis
pursuant to Section 53325.3 of the Act and such special tax is
not on or based upon the ownership of real property.
Upon recordation of a notice of special tax lien
pursuant to Section 3114.5 of the Streets and Highways Code, a
continuing lien to secure each levy of the special tax will
attach to all nonexempt real property in the District and the
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
special tax by the legislative body ceases.
The office of the City Engineer of the City located at
5275 Orange Avenue, Cypress, California 90630, the telephone
number of which is (714) 229 -6740 is hereby designated as the
office responsible for preparing annually a current roll of
special tax levy obligations by assessor's parcel number and for
estimating future special tax levies pursuant to Section 53340.1
of the Act.
CYP1 -RES6
-3-
24S
Section 7. The City Council finds that the proposed
Facilities are necessary to meet the increased demand put upon
the City as a result of new development within the Community
Facilities District.
Section $. Written protests against the establishment
of the District have not been filed by the property owners of
one -half (1/2) or more of the area of nonexempt land within the
Community Facilities District. There are fewer than twelve
registered voters within the territory of the Community
Facilities District.
Section 2. According to the Funding and Acquisition
Agreement by and between the owner of the lands proposed to be
included in the Community Facilities District (the "Owner ") dated
February 12, 1990 (the "Funding and Acquisition Agreement "), the
Owner deposited $100,000 as a proceedings deposit with the City
to compensate the City for all costs incurred by the City in
conducting proceedings for the formation of the Community
Facilities District and the issuance of bonds (the "Proceedings
Deposit "). Pursuant to Section 53314.9 of the Act, the
Proceedings Deposit, subject to refund of any unused portion,
shall be reimbursed to the Owner as provided in the Funding and
Acquisition Agreement from the proceeds of bonds issued by the
Community Facilities District.
Section 10. The special tax proposed to be levied in
the District to pay for the proposed. Facilities has not been
protested by the owners of one -half (1/2) or more of the area of
nonexempt land within the District or by any registered voters.
Section 11. A special election is hereby called for
the Community Facilities District on the propositions of levying
the special tax on the property within the Community Facilities
District and establishing an appropriations limit in the amount
of $15,500,000 in connection with the District pursuant to
Section 53325.7 of the Government Code and shall be consolidated
with the election on the proposition of incurring bonded
indebtedness, pursuant to Section 53351 of the Government Code.
The proposed propositions relative to incurring indebtedness in
an amount not to exceed the maximum aggregate principal amount of
$15,500,000 and authorizing the levy of the special tax and
establishing such an appropriations limit are combined into one
ballot proposition, which shall be substantially in the form
attached hereto as Exhibit "C ".
Section 12. The special election for Community
Facilities District No. 1 on the proposition of incurring the
bonded indebtedness, authorizing the levy of the special tax and
establishing an appropriations limit for the District pursuant to
Section 53325.7 of the Government Code shall be held on
September 10, 1990, subject to receipt by the Clerk of the City
of the unanimous consent of the landowners of record in the
District as of the close of the September 10, 1990 public hearing
to a waiver of the time limits for setting the election and a
waiver of any written analysis, arguments or rebuttals as set
forth in Sections 53326 and 53327 of the Government Code. If
such waivers and concurrence are not received on or prior to
September 10, 1990, the election shall be rescheduled to the
earliest possible date on which the landowners and the City Clerk
as election official mutually agree.
CYP1 -RES6
-4-
Section 12. It is hereby found that there were fewer
than 12 registered voters within the territory of the proposed
Community Facilities District during each of the 90 days
preceding the opening of the September 10, 1990 public hearing
regarding the formation of the District and, pursuant to Section
53326 of the Government Code, the ballots for the special
election shall be distributed by personal service, or by mail,
with return postage prepaid, by the City Clerk, as election
official, to the landowners of record within the Community
Facilities District as of the close of the protest hearing. Each
landowner shall have one vote for each acre or portion thereof
that he or she owns within the Community Facilities District, as
provided in Section 53326 of the Government Code and may return
the ballot by mail or in person to the Election Official not
later than 11:59 p.m. on September 10, 1990, or 5 :00 p.m. on
another election day mutually agreed to by the City Clerk, as
election official, and the landowners. In accordance with
Sections 53326(d) and 53351(j) of the Government Code, the
election shall be closed and the results certified by the City
Clerk as election official as soon as all qualified electors have
voted.
Section 14. If two - thirds (2/3) of the votes cast upon
the question of levying such special tax and establishing such
appropriations limit are cast in favor of levying such special
tax and establishing such appropriations, as determined by the
City Council after the canvass of the returns of such
consolidated election, the City Council may levy such special tax
within the territory of the Community Facilities District under
the Act in the amount and for the purposes as specified in this
resolution, and such appropriations limit shall be established
for the Community Facilities District, as defined by Article XIII
B, Section 8(h) of the Constitution of the State of California.
Such special tax may be levied only at the rate and may be
apportioned only in the manner specified in this resolution,
subject to the Act, except that special tax may be levied at a
rate lower than that specified herein and the maximum annual tax
rate may be lowered. Such special tax may be levied so long as
it is needed to pay for the acquisition, construction,
rehabilitation and installation of the Facilities, or so long as
it is needed to pay the principal of and interest on the bonded
indebtedness or other indebtedness incurred in order to construct
the Facilities (including the repayment of funds advanced for the
District).
Section 15. Community Facilities District shall
constitute a single election precinct for the purpose of holding
the election.
Section 16. The preparation of the Report is hereby
ratified. The Report, as submitted, is hereby approved and is
made a part of the record of the public hearing regarding the
formation of the Community Facilities District, and is ordered to
be kept on file with the transcript of these proceedings and open
for public inspection.
Section 17. The City Clerk shall certify the adoption of
this Resolution.
CYP1 -RES6
-5-
PASSED AND ADOPTED by the City Council of the City of
Cypress at a regular meeting held on the 10th day of September,
1990.
k(Mayor Pro Tem)
OF YPR
MAYOR O HE C ITY YPRESS
ATTEST:
CIii CLE 0 4 ATY OF CYPRESS
STATE OF CALIFORNIA
COUNTY OF ORANGE
ss
)
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO
HEREBY CERTIFY that the foregoing Resolution was duly adopted at
a regular meeting of the said City Council held on the 10th day of
September, 1990, by the following roll call vote:
AYES:
NOES:
4 COUNCIL MEMBERS: Arnold, Bowman, Kanel and Kerry
0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Age
ABSTAINED: 0 COUNCIL MEMBERS: None
CI OF THE -C`ITY OF CYPRESS
LERK
EXHIBIT A
COMMUNITY FACILITIES DISTRICT REPORT
COMMUNITY FACILITIES DISTRICT NO. 1
(Sorrento Homes)
City of Cypress
DESCRIPTION OF FACIITTIES
The Facilities proposed to be financed by the District consist of infrastructure and
rehabilitation of school facilities required for development of the area. These are area-wide
improvements which are required to permit development consistent with a residential land
use. Based on current City service requirements, the following series of backbone
improvements have been identified.
The District will fund construction, installation and rehabilitation of the following items
together with appurtenances and appurtenant work:
Parkway Landscaping
Includes soil preparation, finish grading, automatic irrigation, sodded turf, and ground covers
(rooted cuttings, shrubs and vines, and trees) for perimeter streets, the on-site collector
street, and entry monumentation.
On-Site Street
Includes curb and gutter, local depression, sidewalk, drive approach, access ramp, grading,
asphalt concrete, aggregate base, and street signs for all interior streets, including internal
collector street.
Includes new traffic signalization for Ball Road at Sorrento Drive and Moody Street at
Sorrento Drive and modifications of existing traffic signals at Ball Road /Moody Street,
Orange Avenue /Moody Street and Ball Road/Denni Street required for development of the
area.
Sewer System
Includes vitrified clay pipe main lines and laterals and manholes in all on -site streets.
Storm Drain System
Includes RCP main lines and laterals, junction structures, manholes and catch basins in all
on -site streets.
School Facilities Fees
Anaheim High School District fees are to be used for rehabilitation of school facilities.
Incidentals and Fees
Drainage fees, design and engineering, along with the costs necessary to form the District
and sell bonds.
This description of the public capital facilities is general in nature. The final nature and
location of improvements and facilities will be determined upon the preparation of final
plans and specifications. The final plans and specifications may show substitutes in lieu of,
or modifications to, proposed work. Any such substitution shall not be a change or
modification in the proceedings as long as the facilities provide a service substantially similar
to that as set forth in this Report.
EXHIBIT B
COMMUNITY FACILITIES DISTRICT REPORT
COMMUNITY FACILITIES DISTRICT NO. 1
(Sorrento Homes)
City of Cypress
MELLO -ROOS COMMUNITY FACILITIES ACT OF 1982
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Introduction
The special tax to be levied upon each assessor's parcel in Community Facilities District No.
1 (Sorrento Homes) ( "CFD" or "District") of the City of Cypress shall be levied by the
District by application of the appropriate rate as described below.
All of the property in the CFD, unless exempt by law or by the provisions herein, shall be
taxed for the purposes, to the extent, and in the manner herein provided.
This Exhibit D conforms to the Rate and Method of Apportionment of Special Tax
contained in the Resolution of Intention adopted by the City Council and the ballot to be
voted on by the landowner, however, in the event of discrepancies between this Exhibit D
and Resolutions or the ballot, the resolutions and /or ballot will control.
Definitioas
The terms used in this Exhibit have the following meaning:
"Acre" or "Acreage"
The area of a parcel as shown on an assessor parcel map, a recorded tract or
Parcel Map, or other recorded map, or as determined by the City Engineer.
"Alternate Maximum Special Tax Rate"
A tax that may be levied against the area of a parcel in the event that the
maximum special tax for developed and undeveloped property is insufficient.
25 4
"Amount of Annual Levy"
The amount necessary to pay interest and principal of the bonds, replenish
bond reserves, and to fund incidental and /or administrative expenses
previously incurred or estimated to be incurred in the current Fiscal Year.
The administrative expenses shall not exceed 520,000 a year escalating 3%
each year beginning Fiscal Year 1992 -93. The amount of the above shall be
reduced by any bond reserve earnings except those earnings that may be
required for rebate purposes.
"Bond Year"
The period beginning the day after a bond principal payment date and ending
with the following bond principal payment date.
"Developed Property"
Assessor Parcels in the CFD for which a subdivision map has been recorded
prior to March 1 of the preceding Fiscal Year for sale of residential or non-
residential lots.
"Exempt Property"
Parcels shown on the Vesting Tentative Tract Map 13228, that meet, or upon
final recordation will meet, one of the following conditions are exempt from
the annual levy of the special tax.
1. Property owned by a public agency or which is in public use (such as
streets, sewer easements, etc.)
2. Property which is an unmanned utility property
3. Property irrevocably dedicated to a public agency for a public use
4. Property designated as park or as open space
S. Other property which has no intrinsic value upon foreclosure, such as
sliver parcels at entries, monuments, landscaped parcels on a perimeter,
etc.
6. Property exempt by operation of law.
"Fiscal Year"
The period starting July 1 and ending the following June 30.
Tull Development"
Occurs when the last subdivision or parcel map is recorded to allow
construction of 671 units (or such adjusted number of units allowed by the
City of Cypress) within the CFD.
"Maximum Special Tax Rote"
The maximum tax rate that may be levied by the District in any Fiscal Year
for each class of Developed Property and Undeveloped Property.
"SFR"
A single family residence which is not attached to another residential unit.
"Taxable Property"
All property within the CFD which is not Exempt Property.
Undeveloped Property"
All property within the CFD not classified as Developed Property or Exempt
Property.
"Zone A Lot"
A lot designated in the Sorrento Specific Plan and the Vesting Tentative Tract
Map 13228 as a minimum 5,000 square foot lot and shown on the District
Boundary Map as a part of Zone A.
"Zone B Lot"
A lot designated in the Sorrento Specific Plan and the Vesting Tentative Tract
Map 13228 as a minimum 6,000 square foot lot and shown on the District
Boundary Map as part of Zone B.
Maximum Special Tax Rate
Undeveloped Property
The Maximum Special Tax Rate for Undeveloped Property shall be S20,000
per Acre per year as shown in Table 1.
3
256
Developed Property
The Maximum Special Tax Rate for Developed Property shall be the
Maximum Special Tax Rate as shown in Table 1 or, if the conditions of
paragraph 4, under Method of Apportionment of Special Tax apply, Alternate
Maximum Special Tax Rate of $0.4302 per parcel square foot. See the
Method of Apportionment of Special Tax for further detail.
Table 1
Maximum Special Tax Rate
Maximum
Special
Categpry Classification Tax Rate
0 Undeveloped per Acre $20,000
1 Developed per Zone A Lot 2,151
2 Developed per Zone B Lot 2,581
3 Exempt 0
Method of Apportionment of Special Tax
The District will determine the Amount of Annual Levy for the Fiscal Year to be collected
from Taxable Property in the CFD for that Fiscal Year. Such determination will begin with
the Fiscal Year following District formation.
The District will levy the special tax as follows:
1. All property will be classified as Developed Property, Undeveloped Property, or
Exempt according to the categories listed on Table 1 as of March 1 of the
preceding fiscal year.
2. The special tax shall be levied on each parcel of Developed Property at the
Maximum Special Tax Rate for Developed Property from Table 1.
257
3. The total of 2. shall be subtracted from the Amount of Annual Levy:
a. if the Amount of Annual Levy is less than the total of 2., then the special
tax on Developed Property shall be reduced, pro rata, to the Amount of
Annual Levy.
b. if the Amount of Annual Levy is more than the total of 2., then the special
tax shall be levied upon Undeveloped Property pro rata on an Acreage
basis, to the extent necessary, when added to the total of 2. to equal the
Amount of Annual Levy, but not to exceed the Maximum Special Tax
Rate for Undeveloped Property.
4. If the Maximum Special Tax Rates for Developed Property and Undeveloped
Property, when applied, produce an amount less than the Amount of Annual
Levy, then the Alternate Maximum Special Tax Rate shall be used in the
manner described below.
a. Determine the Alternate Maximum Special Tax for each parcel of
Developed and Undeveloped Property by multiplying the parcels' square
feet by the Alternate Maximum Special Tax Rate of $0.4302 per parcel
square foot.
b. Compare the sum of the Alternate Maximum Special Tax from a., to the
Amount of Annual Levy. If the Alternate Maximum Special Tax is greater
than the Amount of Annual Levy, reduce the Alternate Maximum Special
Tax per parcel, pro rata, on a parcel square footage basis, but not lower
than the Maximum Special Tax Rates shown in Table 1.
Pischarge of Special Tax Obligation
Any owner of property subject to the special tax may discharge the special tax obligation in
full, partial discharge is not permitted, by making payment as follows:
1. Prior to Full Development of all parcels within the CFD:
a. _ Compute the present value of the remaining payments of special tax at the
average coupon rate of the outstanding bonds using the Maximum Special
Tax Rate for the parcel;
^5C
b. To the result of a. add;
i) call premium as required in the bond instrument;
interest on a. at the applicable bond rate for each year, if any, to
the next bond call date;
iii) unpaid special taxes which have been entered on the assessor's roll;
iv) a S250 administrative fee; and
v) subtract the parcel's pro rata share of the bond reserve fund.
c. To the result of a. and b. subtract the interest earnings to be generated at
the reinvestment rate as determined by the District and from the discharge
date to the next bond call date.
2. After Full Development of all parcels within the CFD:
a. Divide the special tax of the parcel for the first Fiscal Year, for which the
special tax obligation is to be discharged, by the total special tax for all
parcels for the Fiscal Year.
b. Multiply the bond principal to be outstanding at the end of the current
bond year, by the quotient obtained in a.
c. To the result of b. add;
i) call premium as required in the bond instrument;
ii) interest on b. at the applicable bond rate for each year, if any, to
the next bond call date;
iii) unpaid special taxes which have been entered on the assessor's roll;
iv) a $250 administrative fee; and
v) subtract the parcel's pro rata share of the bond reserve fund.
d. To the result of b. and c., subtract the interest earnings to be generated
at the reinvestment rate as determined by the District and from the
discharge date to the next bond call date.
Manner of Collection
The special tax shall be collected in the same manner and at the same time as ordinary ad
valorem property taxes, provided, however, that the special tax may be collected at a
different time or in a different manner if necessary to meet its financial obligations. The
special tax shall be subject to the same penalties and procedures, sale and lien priority in
259
case of delinquency as is provided for ad valorem taxes. In the event of a delinquency, the
District will pursue foreclosure in a timely manner.
Review /Appeal Council
The District shall establish as part of its proceedings and administration of the special tax
a three- member Review /Appeal Council which shall consist of those persons currently
holding the positions of City Manager, Finance Director, and Director of Planning for the
City of Cypress. Any owner subject to the special tax who desires to protest the accuracy
of the amount of the special tax imposed on the owner's parcel may We a notice with the
Review /Appeal Council, appealing the amount of the special tax assigned to such parcel.
The Review /Appeal Council shall make determinations relative to the annual administration
of the special tax pursuant to this Rate and Method of Apportionment of the Special Tax
and of any owner appeals hereunder, as herein specified and shall perform the duties
specified in Sec. 533402 Gov., C.A., as amended. The annual roll of special tax levy
obligations shall be presented to the District and placed on the Consent Calendar of the
appropriate meeting for action by the District's governing body. Any owner of property
subject to the lien of the special tax may appeal the determination of the Review /Appeal'
Council to the District's governing body.
60
EXHIBIT C
OFFICIAL BALLOT
COMMUNITY FACILITIES DISTRICT NO. 1
(SORRENTO HOMES)
OF
THE CITY OF CYPRESS
SPECIAL BOND AND SPECIAL TAX ELECTION
September 10, 1990
This ballot represents votes.
To vote, stamp a cross ( +) in the voting square 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 as the election official and obtain another.
PROPOSITION NO. A: Shall Community
Facilities District No. 1 (Sorrento Homes) of
the City of Cypress incur an indebtedness and
issue bonds in a maximum aggregate amount not
to exceed $15,500,000, with interest at a rate
or rates not to exceed the maximum interest
rate permitted by law, the proceeds of which
will be used to finance certain public
facilities including the funding, financing,
construction, rehabilitation or installation
of streets and highways, drainage facilities,
sewer facilities, traffic and safety lighting
facilities, parkway landscaping improvements
and school facilities together with
appurtenances and appurtenant work, including
equipment, real property and other tangible
property (the "Facilities "), as provided in
Resolution No. of the City Council of
the City of Cypress (the "Resolution of
Formation "), and shall a special tax with a
rate and method of apportionment as provided
in the Resolution of Formation be levied to
pay for all or a portion of the Facilities
described in the Resolution of Formation, for
the creation or replenishment of any necessary
reserve funds, for any incidental expenses of
the District associated with the Facilities or
the bonds and for principal of, premium, if
any, and interest on such bonds?
PROPOSITION NO. B: Shall the appropri-
ations limit, as defined by subdivision (h) of
Section 8 of Article XXXI B of the California
Constitution, for the Community Facilities
District No. 1 (Sorrento Homes) of City of
Cypress be an amount equal to $15,500,000.
C -1-
YES
NO
YES
NO