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Resolution No. 39623 J J RESOLUTION NO 3962 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO 1 (SORRENTO HOMES) OF THE CITY OF CYPRESS AUTHORIZING THE LEVY OF A SPECIAL TAX FOR FISCAL YEAR 1991-1992 WITHIN SUCH COMMUNITY FACILITIES DISTRICT WHEREAS on August 6, 1990 the City Council (the 'City Council ) of the City of Cypress California (the 'City') acting as the legislative body of the Community Facilities District No 1 (Sorrento Homes) of the City of Cypress (the 'District ) adopted Resolution No 3800 stating its intention to form the District pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the Act ) and WHEREAS on August 6, 1990, the City Council adopted Resolution No 3801 stating its intention to incur bonded indebtedness in an amount not to exceed $15 500,000 within the proposed District for the purpose of financing the construction acquisition modification expansion or rehabilitation of certain real and other tangible property with an estimated useful life of five (5) years or longer including the funding, financing construction, rehabilitation installation and acquisition of certain public facilities and appurtenances including 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 property and the incidental expenses to be incurred in connection therewith all as more fully described in Resolution No 3820 adopted by the City Council on September 10, 1990 (the Facilities ) to serve the area within the District and WHEREAS on September 10 1990, the City Council held a noticed public hearing as required by law to determine whether it should proceed with the formation of the District issue bonds to pay for the Facilities creating or replenishing any necessary reserve Funds paying the annual costs associated with the bonds proposed to be issued to finance the Facilities including, but not limited to, the principal and interest on the bonds, and paying any incidental expenses of the District as set forth in the Act and Resolution Nos 3800 and 3801 and WHEREAS on September 10 1990, the City Council adopted Resolution No 3820 which established the District authorized the levy of a special tax within the District and called an election within the District on the proposition of incurring bonded indebtedness and levying a special tax and WHEREAS on September 10, 1990, the City Council also adopted Resolution No 3821 which determined the necessity to incur bonded indebtedness in an amount not to exceed $15 500 000 within the District and called for an rf P1 a election on the proposition of incurring bonded indebtedness and levying a special tax and WHEREAS on September 10 1990 an election was held within the District at which the qualified electors approved by more than a two-thirds (2/3) vote the proposition of incurring bonded indebtedness not to exceed $15,500 000 and levying a special tax as set forth in Resolution No 3821 and WHEREAS on September 10 1990 the City Council adopted Resolution No 3823 which certified the results of the election conducted by the Election Official which results showed that more than two-thirds (2/3) of the votes cast were in favor of the proposition to incur bonded indebtedness and Levy the special tax and WHEREAS on September 24 1990 the City Council adopted Ordinance No 855 (the 'Ordinance ) which provided for the levying and collection of special taxes within the District as provided in the Act and the Ordinance WHEREAS, it is now necessary and appropriate that the City Council levy and collect the special taxes for fiscal year 1991-92 for the purpose specified in the Ordinance by the adoption of a resolution as specified by the Act and the Ordinance NOW THEREFORE THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO 1 (SORRENTO HOMES) OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS SECTION 1 correct The above recitals are all true and SECTION 2 In accordance with the Act and the Ordinance there is hereby levied upon all parcels within the District which are not otherwise exempt from taxation under the Act or the Ordinance the special taxes for fiscal year 1991-1992 at the tax rates set forth in the report attached hereto and incorporated herein as Exhibit A, which rates do not exceed the maximum rates set forth in the Ordinance After adoption of this Resolution the District may make any necessary modifications to these special taxes to account for unforeseen circumstances provided however, that any such modifications shall not result in an increase in the tax applicable to a category and can only be made prior to the submission of the tax roll to the Orange County Treasurer -Tax Collector SECTION 3 The special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes as such procedure may be modified by law or by the City Council from time to time SECTION 4 The City Clerk is hereby authorized to transmit a certified copy of this resolution and the attached report to the Orange County Treasurer -Tax Collector, together with other supporting documentation as may be required to place said special taxes on the secured property tax roll for fiscal year 1991-1992 and to perform all other acts which are required by rhe Act or the Ordinance in order to accomplish the purpose of this Resolution SECTION 5 This resolution relating to the levy of the special tax shall take effect immediately upon its final passage in accordance with the provisions of Government Code Section 53340 as amended SECTION 6 The City Clerk shall certify the adoption of this Resolution PASSED AND ADOPTED by the City Council of the City of Cypress, California at a regular meeting held on the 8th day of July 1991 ATTEST 1/1 T CLERK CITY OF CYPRESS CALIFORNIA STATE OF CALIFORNIA ss COUNTY OF ORANGE I, DARRELL ESSEX City Clerk of the City of Cypress California DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 8th day of July 1991 by the following roll call vote AYES 4 COUNCIL MEMBERS NOES 0 COUNCIL MEMBERS ABSENT 0 COUNCIL MEMBERS ABSTAINED 1COUNCIL MEMBERS Kerry, Nicholson, Partin and Bowman None None Age ib;Lrf CIT CLERK EXHIBIT A CITY OF CYPRESS COMMUNITY FACILITIES DISTRICT NO. 1 (SORRENTO HOMES) 1991/1992 SPECIAL TAX LEVY The Community Facilities District has been divided into three types of taxable property: Zone A: Lots 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: Lots 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 a part of Zone 8. Undeveloped Property: Property within the District without a recorded tract map as of March 1 of the -preceding fiscal year. The Maximum Special Tax Rate and the fiscal year 1991/1992 Special Tax Rate per unit are as follows: Zone A Zone B Undeveloped Property Maximum Special 1991/1992 Special Tax Rate Tax Rate $2,151.00 per unit $1,231.51 per unit 2,581.00 per unit 1 477.70 per unit 20,000.00 per acre 0.00 per acre Property designated as open space on a recorded tract map is exempt from the special tax. COMMUNITIES FACILITIES DISTRICT NO. 1 WILLDAN ASSOCIATES City of Cypress 06/09/91 (Sorrento Homes) aml Amount to Collect FY 1991-92 Principal due 9/1/92 $190,000 Interest due 3/1/92 (Capitalized) 0 Interest due 9/1/92 570410 Total Debt Service 91/92 Reserve Earnings Administration: Levy of Special Tax 8,500 Trustee Fees 4,000 Arbitrage Rebate Calculation 3,000 City Administration (property owner inquiries) 4 500 Total administration Contingency for Delinquency $760,410 (65,025) 20,000 38.022 Amount to collect 1991/92 $753,408 FY 1991-92 Special Tax Rates # of Max Spec Max Coll Amount # of 1991-92 Check Zone Units Tax Rate Amount 1991-92 Units Rates Total A 289 2,151.00 621,639 355,906.71 289 1,231.51 355,906.39 S 269 2,581.00 694,289 397,500.98 269 1477.70 397.501.30 Total 1,315,928 753,407.69 558 753,407.69