Resolution No. 3823s
RESOLUTION NO. 3823
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 1 (SORRENTO HOMES) OF THE CITY OF
CYPRESS DECLARING THE RESULTS OF A SPECIAL
BOND AND SPECIAL TAX ELECTION AND APPROVING
CERTAIN RELATED ACTIONS
WHEREAS, the City Council (the "City Council ") of
the City of Cypress (the "City ") acting as the legislative
body of the Community Facilities District No. 1 (Sorrento
Homes) of the City of Cypress ( "Community Facilities
District No. 1" or the "District ") called and duly held an
election in the District pursuant to Resolution Nos. 3820
and 3821 for the purpose of presenting to the qualified
electors within the District a proposition for the issuance
of bonds in the principal amount not to exceed $15,500,000
and the levy of a special tax in accordance with the method
set forth in Resolution No. 3820 ( "Proposition A ") and a
proposition to establish an appropriations limit for the
District as defined in subdivision (h) of Section 8 of
Article XIII B of the California Constitution ( "Proposition
B "); and
WHEREAS, the landowners of record within the
District as of the close of the September 10, 1990 public
hearing unanimously consented to hold an election by mail or
personal delivery on September 10, 1990, as permitted by
Government Code Sections 53326 and 53327 and agreed to waive
certain provisions regarding the conduct and timing of the
election as set forth in written certificates executed by
the landowners which are on file with the City Clerk; and
WHEREAS, there has been presented to this City
Council a Certificate of the Election Official as to the
Results of the Canvass of the Election Returns, a copy of
which is attached hereto as Exhibit A;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
CYPRESS ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF
THE COMMUNITY FACILITIES DISTRICT NO. 1 (SORRENTO HOMES) OF
THE CITY OF CYPRESS DOES HEREBY RESOLVE, DETERMINE AND
DECLARE THAT:
SECTION 1. The above recitals are true and
correct.
SECTION 2. The canvass of the votes cast in the
District at the special election held in the District on
September 10, 1990, as shown by the Certificate of the
Election Official, is hereby approved and confirmed.
SECTION 3. Proposition A and Proposition B
presented to the qualified electors of the District for
receipt by the Election Official on September 10, 1990, each
has received an unanimous vote of the qualified electors
voting at said election, and Proposition A and Proposition B
each has carried. The City Council, acting as the
legislative body of the District, is hereby authorized to
275
issue, from time to time as it determines appropriate, bonds
for the benefit of the District for the purposes set forth
in Proposition A and to take the necessary steps to levy the
special tax authorized by Proposition A.
SECTION 4. The City Clerk is hereby directed to
enter this resolution on the minutes of the City Council
which shall constitute the official declaration of the
result of such special election.
SECTION 5. The officers of the City and their
authorized representatives are, and each of them acting
alone is, hereby authorized and directed to institute a
proceeding under Section 860 gt secs, of the Code of Civil
Procedure of the State of California with respect to any and
all issues arising in connection with the formation of the
District, the incurrence of bonded indebtedness, and the
levy of the special tax which properly may be brought before
the Court in such a proceeding, including, but not limited
to, the validity of any and all actions taken or to be taken
with respect to any of the foregoing. The officers of the
City and their authorized representatives are, and each of
them acting alone is, hereby authorized and directed to file
such papers, affidavits and documents and take all such
other actions as may be necessary or appropriate for
purposes of successfully maintaining such action.
SECTION 6. This Resolution shall become effective
immediately upon its adoption.
SECTION 7. The City Clerk shall certify the
adoption of this Resolution.
PASSED AND ADOPTED by the City Council of the City
of Cypress at a regular meeting held on the 10th day of
September, 1990.
ATTEST:
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7 ,l
CITY CLERK OF H CITY 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 a regular
meeting of the said City Council held on the 10th day of September 1990;
by the following roll call vote:
AYES: 4
NOES: 0
ABSENT: 1
ABSTAINED: 0
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Arnold, Bowman, Kanel and Kerry
None
Age
None
CITY CLERK 0 THE CITY OF CYPRESS
STATEMENT OF ALL VOTES CAST
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EXHIBIT A
CERTIFICATE OF ELECTION OFFICIAL
STATE OF CALIFORNIA
ss.
COUNTY OF ORANGE
I, DARRELL ESSEX, Election Official, City of
Cypress, County of Orange, DO HEREBY CERTIFY that pursuant
to the provisions of Section 53325.4 of the Government Code
and Division 12, commencing with Section 17000 of the
Elections Code of the State of California, I did canvass the
returns of the votes cast at the Special Bond, Tax and
Appropriations Limit Election held in
COMMUNITY FACILITIES DISTRICT NO. 1
(SORRENTO HOMES) OF THE CITY OF CYPRESS
in said county, held September 10, 1990.
I FURTHER CERTIFY that the Statement of Votes Cast,
to which this certificate is attached, shows the total
number of ballots cast in said District for the
Propositions, and the totals of the respective columns and
the totals as shown for the Propositions are full, true and
correct.
WITNESS my hand and Official Seal this 10th day of
September, 1990.
DARRELL ESSEX
Election Official
By /(: /703yty