HomeMy WebLinkAboutCC RES 08-71RESOLUTION NO. 08-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN OF ANNEXATION DETERMINING THAT THE
ANNEXATION OF ADDITIONAL TERRITORY TO CITY OF
TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1
(TUSTIN LEGACY/COLUMBUS VILLAGES) AND THE
LEVYING OF SPECIAL TAXES WITHIN SUCH ADDITIONAL
TERRITORY IS LAWFULLY AUTHORIZED AND DIRECTING
RECORDING OF NOTICE OF SUCH ANNEXATION
WHEREAS, on September 2, 2008, the City Council (the "City Council") of the City
of Tustin (the "City") adopted a resolution entitled "A Resolution of City Council of the City
of Tustin of Intention to Annex Territory to City of Tustin Community Facilities District No.
06-1 (Tustin Legacy/Columbus Villages)" (the "Resolution of Intention to Annex Territory"),
proposing the annexation of certain additional territory described in the Resolution of
Intention to Annex Territory (the "Additional Territory") to City of Tustin Community
Facilities District No. 06-1 (Tustin Legacy/Columbus Villages) (the "Community Facilities
District") pursuant to the Mello -Roos Community Facilities Act of 1982 (the "Act");
WHEREAS, on October 7, 2008, the City Council held a noticed public hearing on
the proposed annexation of the Additional Territory to the Community Facilities District, as
required by the Act and the Resolution of Intention to Annex Territory;
WHEREAS, the proposed annexation of the Additional Territory to the Community
Facilities District was not precluded by a majority protest pursuant to Section 53339.6 of
the Act;
WHEREAS, on October 7, 2008, the City Council adopted a resolution entitled "A
Resolution of the City Council of the City of Tustin Calling Special Election Regarding
Annexation of Territory to City of Tustin Community Facilities District No. 06-1 (Tustin
Legacy/Columbus Villages)" (the "Resolution Calling Election"), calling for a special election
of the qualified electors within the Additional Territory;
WHEREAS, pursuant to the terms of the Resolution Calling Election and the
provisions of the Act, the special election was held on October 7, 2008; and
WHEREAS, the City Clerk of the City (the "City Clerk") has certified the canvass of
the returns of the election and has filed a Canvass and Statement of Results of Election
(the "Canvass"), a copy of which is attached hereto as Exhibit A;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin as
follows:
Section 1. The foregoing recitals are true and correct.
Resolution No. 08-71
Page 1 of 4
Section 2. The City Council has received, reviewed and hereby accepts the
Canvass.
Section 3. The City Council hereby finds and declares that the ballot proposition
submitted to the qualified electors of the Additional Territory pursuant to the Resolution
Calling Election has been passed and approved by two-thirds of the votes cast by such
electors in accordance with Section 53339.8 of the Act.
Section 4. The City Council hereby determines that the Additional Territory is
added to and made a part of the Community Facilities District with full legal effect and that
the City Council is authorized to levy any special tax within the Additional Territory as
specified in the Resolution of Intention to Annex Territory.
Section 5. The City Clerk is hereby directed to execute and cause to be recorded in
the office of the Orange County Recorder a notice of the annexation pursuant to Section
53339.8 of the Act, said recording to occur no later than fifteen days following adoption by
the City Council of this Resolution.
Section 6. This Resolution shall take effect immediately upon its adoption.
APPROVED and ADOPTED by the City Council of the City of Tustin on October 7,
I ON
RWA
MURSIMMAM
Resolution No. 08-71
Page 2 of 4
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex -officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 08-71 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 7th day of
October, 2008, by the following vote:
COUNCILMEMBER AYES: Amante, Davert, Bone, Kawashima, Palmer (5)
COUNCILMEMBER NOES: None (0)
COUNCILMEMBER ABSTAINED: None (0)
COUNCILMEMBER ABSENT: None (0)
i
Resolution No. 08-71
Page 3 of 4
EXHIBIT A
CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1
(TUSTIN LEGACY/COLUMBUS VILLAGES)
CANVASS AND STATEMENT OF RESULTS OF ELECTION
I hereby certify that on October 7, 2008, I canvassed the returns of the special election
held on October 7, 2008, for City of Tustin Community Facilities District No. 06-1 (Tustin
Legacy/Columbus Villages), that the total number of ballots cast in said District and the total
number of votes cast for and against the measure are as follows and that the totals as shown for
and against the measure are true and correct:
City of Tustin Community Facilities
District No. 06-1 (Tustin
Legacy/Columbus Villages) Special
Election, October 7, 2008
Qualified
Landowner Votes
Votes Cast YES NO
03
PROPOSITION: Shall City of Tustin Community Facilities District No. 06-1 (Tustin
Legacy/Columbus Villages) (the "Community Facilities District") be authorized to levy a special
tax within the boundaries of the additional territory proposed to be annexed to the Community
Facilities District in order to finance certain public facilities and services, all as specified in the
Resolution entitled "A Resolution of City Council of the City of Tustin of Intention to Annex
Territory to City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus
Villages)," adopted by the City Council of the City of Tustin on September 2, 2008, and the
Resolution entitled "A Resolution of the City Council of the City of Tustin Calling Special Election
Regarding Annexation of Territory to City of Tustin Community Facilities District 06-1 (Tustin
Legacy/Columbus Villages)," adopted by the City Council of the City of Tustin on October 7,
2008?
IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of October, 2008.
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Pamela Stoker, Jerk
of the City of Tustin
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Page 4 of 4
CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. ,
(TUSTIN LEGACY/COLUMEBUS VILLAGES)
I hereby certify that on October 7, 2008, 1 canvassed the returns of the special election
held on October 7, 2008, for City of Tustin Conunu ity Facilities District No. 06-1 (Tustin
Legacy/Columbus Villages), that the total number of ballots cast in said District and the total
number of votes cast for and against the pleasure are as follows and that the totals as shorn for
and against the measure are true and correct:
City of Tustin Cornmum'ty Faci