HomeMy WebLinkAboutCC RES 07-47RESOLUTION NO. 07-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN DECLARING RESULTS OF SPECIAL ELECTION
AND DIRECTING RECORDING OF NOTICE OF SPECIAL
TAX LIEN
WHEREAS, on June 5, 2007, the City Council (the "City Council") of the City of
Tustin (the "City") adopted, pursuant to the Mello-Roos Community Facilities Act of
1982 (the "Act"), a resolution entitled "A Resolution of the City Council of the City of
Tustin Calling Special Election for City of Tustin Community Facilities District No. 07-1
(Tustin Legacy/Retail Center)" (the "Resolution Calling Election"), calling for a special
election of the qualified electors within City of Tustin Community Facilities District No.
07-1 (Tustin Legacy/Retail Center) (the "Community Facilities District");
WHEREAS, pursuant to the terms of the Resolution Calling Election and the
provisions of the Act, the special election was held on June 19, 2007; 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 City Council has received, reviewed and hereby accepts the
Canvass.
Section 2. The City Council hereby finds and declares that the ballot proposition
submitted to the qualified electors of the Community Facilities District pursuant to the
Resolution Calling Election has been passed and approved by such electors in
accordance with Section 53328(a), Section 53355 and Section 53325.7 of the Act.
Section 3. The City Clerk is hereby directed to execute and cause to be recorded
in the office of the County Recorder of Orange County a notice of special tax lien in the
form required by the Act, said recording to occur no later than 15 days following
adoption by the City Council of this Resolution.
Section 4. The officers, employees and agents of the City are hereby authorized
and directed to take all actions and do all things which they, or any of them, may deem
necessary or desirable to accomplish the purposes of this Resolution and not
inconsistent with the provisions hereof.
Section 5. This Resolution shall take effect immediately upon its adoption.
Resolution No. 07-47
Page 1 of 3
APPROVED and ADOPTED by the City Council of the City of Tustin on June 19,
2007.
LOU BONE,
Mayor
PAMELA STOKER
City Clerk
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. 07-47 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 19~' day
of June, 2007, by the following vote:
COUNCILMEMBER AYES: Bone, Amante, Davert, Kawashima, Palmer (5)
COUNCILMEMBER NOES: None (0)
COUNCILMEMBER ABSTAINED: None (0)
COUNCILMEMBER ABSENT: None (0)
PAMELA STOKER
City Clerk
Resolution No. 07-47
Page 2 of 3
EXHIBIT A
CANVASS AND STATEMENT OF RESULTS OF ELECTION
CITY OF TUSTIN
COMMUNITY FACILITIES DISTRICT N0.07-1
(TUSTIN LEGACY/RETAIL CENTER)
I hereby certify that on June 19, 2007, I canvassed the returns of the special election held
on June 19, 2007 for City of Tustin Community Facilities District No. 07-1 (Tustin Legacy/Retail
Center), that the total number of ballots cast in said Community Facilities District and the total
number of votes cast for and against the proposition are as follows and that the totals as shown
for and against the proposition are true and correct:
Qualified
Landowner Votes
Votes Cast YES NO
City of Tustin Community Facilities
District No. 07-1 (Tustin
Legacy/Retail Center) Special
Election, June 19, 2007 84 84 84 0
PROPOSITION: Shall City of Tustin Community Facilities District No. 07-1 (Tustin
Legacy/Retail Center) (the "Community Facilities District") be authorized to incur bonded
indebtedness in a maximum amount of not to exceed $16,000,000 and levy a special tax in order to
finance certain facilities and services and shall the annual appropriations limit of the Community
Facilities District be established in the amount of $16,000,000, all as specified in the Resolution
entitled "A Resolution of the City Council of the City of Tustin of Formation of City of Tustin
Community Facilities District No. 07-1 (Tustin Legacy/Retail Center), Authorizing the Levy of a
Special Tax within the District and Establishing an Appropriations Limit for the District" and the
Resolution entitled "A Resolution of the City Council of the City of Tustin Deeming It Necessary
to Incur Bonded Indebtedness within City of Tustin Community Facilities District No. 07-1
(Tustin Legacy/Retail Center)," adopted by the City Council of the City of Tustin on June 19,
2007?
IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of June, 2007.
Pamela Stoker, City Clerk
of the City of Tustin
Resolution No. 07-47
Page 3 of 3
OHS West:260232938.3