RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, CALLING SPECIAL ELECTION CITY OF FULLERTON Community Facilities District No. 3 (The Pines at Sunrise Village) THE CITY COUNCIL OF THE CITY OF FULLERTON HEREBY RESOLVES AS FOLLOWS:
Authority; Resolution of Formation and Resolution Determining Necessity. City Council adopted its “Resolution of Formation of Community Facilities District” (the “Resolution of Formation”) on August 1, 2023,ordering the formation of the “City of Fullerton Community Facilities District No. 3 (The Pines at Sunrise Village)” (the “CFD”), authorizing the levy of a special tax on property within the CFD and preliminarily establishing an appropriations limit for the CFD, all pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), commencing at California Government Code Section 53311, Title 5, Division 2, Part 1, Chapter 2.5.
City Council also adopted a resolution entitled “Resolution Determining Necessity to Incur Bonded Indebtedness” (the “Resolution Determining Necessity”) on August 1, 2023 determining the necessity to incur bonded indebtedness in the maximum aggregate principal amount of $9,500,000 upon the security of the special tax to levy within the CFD pursuant to the Act.
The propositions of the levy of the special tax, the establishment of the appropriations limit and the incurring of the bonded indebtedness shall be submitted to the qualified electors of the CFD as required by the Act pursuant to the Resolution of Formation and the Resolution Determining Necessity.
2. Issues Submitted. The issues of the levy of the special tax, the incurring of bonded indebtedness and the establishment of the appropriations limit shall be submitted to the qualified electors (as defined in this resolution) of the CFD at an election called therefor as provided in this resolution Pursuant to Sections 53326, 53351 and 53325.7 of the Act.
3. Qualified Electors. City Council hereby finds that fewer than 12 persons have registered to vote within the territory of the CFD for each of the 90 days preceding the close of the public hearings heretofore conducted and concluded by City Council for the purposes of these proceedings. Accordingly, and pursuant to Section 53326 of the Act, City Council finds that, for these proceedings, the qualified electors are the landowners within the CFD and that the vote shall be by such landowners or their authorized representatives, each having one vote for each acre or portion thereof such landowner owns in the CFD as of the close of the public hearings.
4. Conduct of Election. City Council hereby calls a special election to consider the measures described in Section 2, held on August 1, 2023 and the results thereof canvassed at the City Council meeting on August 1, 2023. City Council designates the City Clerk as the official to conduct the election and to receive all ballots until immediately after adoption of this resolution. City Council acknowledges that the City Clerk has on file the Resolution of Formation, a map of the boundaries of the CFD and a sufficient description to allow the City Clerk to determine the electors of the CFD. Pursuant to Section 53327 of the Act, the election shall be conducted by messenger or mail-delivered ballot pursuant to Section 4000 of the California Elections Code. City Council hereby finds that Section 4000, Paragraphs (a), (b), (c) (1) and (c)(2) apply to this special election.
5. Ballot. As authorized by Section 53353.5 of the Act, the three propositions described in Section 2 shall be combined into a single ballot measure, the form of which is attached hereto as Exhibit A and by this reference incorporated herein and the form of ballot is hereby approved. The City Clerk is hereby authorized and directed to cause a ballot, in substantially the form of Exhibit “A,” to be delivered to each of the qualified electors of the CFD. Each ballot shall indicate the number of votes to be voted by the respective landowner to which the ballot pertains. Each ballot shall be accompanied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return the ballot was enclosed with the ballot and contained the following: (a) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote, (b) the signature of the voter, (c) the date of signing and place of execution of the declaration, and (d) a notice that the envelope contains an official ballot and is to be opened only at the special election.
6. Waivers. City Council further finds that the provisions of Section 53326 of the Act requiring a minimum of 90 days following the adoption of the Resolution of Formation to elapse before the special election are for the protection of the qualified electors of the CFD. The City Clerk has on file a written waiver executed by all of qualified electors of the CFD allowing for a shortening of the time for the special election to expedite the process of formation of the CFD and waiving any requirement for notice, analysis and arguments in connection with the election. Accordingly, City Council finds and determines that the qualified electors have been fully apprised of and have agreed to the shortened time for the election and waiver of analysis and arguments and have thereby been fully protected in these proceedings. City Council also finds and determines that the City Clerk has concurred in the shortened time for the election and waives analysis and arguments with respect to the ballot measures, as provided in Section 53327 of the Act.
7. Accountability. City Council hereby finds that the proposed debt issuance constitutes a “local bond measure” within the meaning of California Government Code Sections 53410, et seq. As a result, the bond measure shall include the propositions set forth above and the following: (a) the specific purpose of the bonds shall be as set forth in the propositions; (b) any proceeds received from the sale of any bonds shall be applied only to the purposes set forth in the propositions; (c) the proceeds of any bonds shall be deposited into special accounts to be created therefor as part of the issuance of the bonds and (d) the City shall cause a report to be prepared annually under Government Code Section 53411.
8. Further Action. City Council authorizes and directs the Director of Administrative Services to take all actions necessary or advisable to give effect to the transactions contemplated by this Resolution.
9. Effective date. This resolution shall become effective immediately.
ADOPTED BY THE FULLERTON CITY COUNCIL on AUGUST 1, 2023.
Fred Jung
Mayor
ATTEST:
Lucinda Williams, MMC
City Clerk
Date
Attachments:
Attachment 1 – Form of Ballot
EXHIBIT A
FORM OF BALLOT
CITY OF FULLERTON
Community Facilities District No. 3
(The Pines at Sunrise Village)
OFFICIAL BALLOT
SPECIAL TAX ELECTION
This ballot is for a special, landowner election. You must return this ballot in the enclosed envelope, either by mail or in person, to the office of the City Clerk of the City of Fullerton no later than the public hearing on the proposed Community Facilities District, which will be held during the Council meeting starting at 5:30 p.m. on Tuesday, August 1, 2023. In order to ensure all ballots are received in time, the City requests that you return your ballot to the City Clerk no later than the close of business on Friday, July 28, 2023. The City Clerk’s office is located at:
City of Fullerton
303 West Commonwealth
Fullerton, California 92832
To vote, mark a cross (X) on the voting line 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 and obtain another.
BALLOT MEASURE: Shall the measure of the City of Fullerton, on behalf of the City of Fullerton Community Facilities District No. 3 (The Pines at Sunrise Village) (the “CFD”): (a) authorizing the City to issue special tax bonds and incur other indebtedness in the maximum principal amount of $9,500,000 (including debt service reserves, capitalized interest and other financing costs), with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds or incurrence of such indebtedness, the proceeds of which will be used to pay for the purchase, construction, expansion, improvement or rehabilitation of the authorized facilities specified in the Resolution of Formation of the CFD adopted by the City Council on August 1, 2023, and to pay for the costs of issuing the bonds and incurring the indebtedness and related expenses; (b) authorizing the City to annually levy a special tax solely on lands within the CFD in accordance with the rate and method for the CFD contained in the Resolution of Formation to finance and pay for the authorized facilities and pay the related administrative costs, all as specified in the Resolution of Formation, at the rates and duration specified in the Resolution of Formation, with the estimated amount of money to be raised annually in the CFD expected to be between $0 and $992,684 for the life of the Bonds, and (c) to establish the annual appropriations limit for the CFD in the amount of $9,500,000, be adopted? Yes: __________
No: __________
By execution in the space provided below, (a) you represent and warrant that the property information listed below is true and correct, and (b) you indicate your waiver of (i) the time limit pertaining to the conduct of the election, (ii) any requirement for analysis and arguments with respect to the ballot measure, and (iii) any irregularity in the proceedings that may be claimed as a result of the application of such waivers.
The Property that is the subject of this Ballot is identified as:
Orange County Assessor’s Parcel Numbers:
287-241-04
287-241-07
The total acreage of the Property:
12.52 acres
Total number of votes:
13 Dated: ______________, 2023
Sunrise Village Owner, LLC,
a Delaware limited liability company
By: Sunrise Village Investments, LLC,
a Delaware limited liability company,
Its: Sole Member
By: SOF-Sunrise Village, LLC,
a Delaware limited liability company,
Its: Administrative Member
By: SRI Managing Member 2, LLC
a Delaware limited liability company,
Its: Manager
By: _______________________________
Name: _______________________________
Title: _______________________________
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