NOTICE OF PUBLIC HEARING
To Establish a Community Facilities District
CITY OF FULLERTON
Community Facilities District No. 3
(The Pines at Sunrise Village)
On June 20, 2023, the City Council (the “City Council”) of the City of Fullerton (the “City”), County of Orange, State of California, adopted its "Resolution of Intention To Establish Community Facilities District" (the “Resolution of Intention”) to establish the "City of Fullerton Community Facilities District No. 3 (The Pines at Sunrise Village)” (the “CFD”) under the Mello-Roos Community Facilities Act of 1982 (the “Act”). Under the Act and the Resolution of Intention, the City Council gives notice as follows:
1. The text of the Resolution of Intention, with the Exhibits A, B and C thereto, as adopted by the City Council, is on file with the City Clerk and reference is made thereto for the particular provisions thereof. The text of the Resolution of Intention is summarized as follows:
a. Under the Act, this Council is undertaking proceedings for the establishment of the CFD, the boundaries of which are shown on a map on file with the City and attached to the Resolution of Intention. b. The purpose of the CFD is to provide for the financing of the public facilities (the “Facilities”) as more fully described in the Resolution of Intention and Exhibit A thereto. c. The method of financing the Facilities is through the imposition and levy of a special tax (the “Special Tax”) to be apportioned on the properties in the CFD under the rate and method of apportionment described in the Resolution of Intention and Exhibit B thereto. d. The Resolution of Intention directed the preparation of a CFD Report that shows the Facilities and the estimated costs of the Facilities. The CFD Report will be made a permanent part of the record of the public hearing specified below. Reference is made to the CFD Report as filed with the Clerk. e. As set forth below, the City Council will hold a public hearing on the establishment of the CFD, the Facilities, and the Special Tax.
2. The public hearing will be held on Tuesday, August 1, 2023, at 5:30 p.m. or as soon as possible thereafter, in the Council Chambers, 303 West Commonwealth, Fullerton, California.
3. At the hearing, the testimony of all interested persons or taxpayers for or against the establishment of the CFD, the extent of the CFD or the furnishing of the specified Facilities, will be heard. Any person interested may file a protest in writing as provided in Section 53323 of the Act. If 50% or more of the registered voters, residing in the territory proposed to be included in the CFD, or the owners of one-half or more of the area of land in the territory proposed to be included in the CFD and not exempt from the special tax, file written protests against the establishment of the CFD and the protests are not withdrawn to reduce the value of the protests to less than a majority, the City Council shall take no further action to create the CFD or levy the Special Tax for period of one year from the date of decision of the City Council, and, if the majority protests of the registered voters or landowners are only against the furnishing of a type or types of Facilities within the CFD, or against levying a specified special tax, those types of Facilities or the specified part of the Special Tax will be eliminated from the proceedings to form the CFD.
4. If there is no majority protest, the City Council may submit the levy of the Special Tax for voter approval at a special election. The Special Tax requires the approval of 2/3rds of the votes cast at a special election by the property owner voters of the CFD, with each owner having one vote for each acre or portion thereof such owner owns in the CFD.
Dated as of July ___, 2023 City of Fullerton
PUBLISH ONCE AT LEAST 7 DAYS BEFORE THE AUGUST 1, 2023, PUBLIC HEARING; OBTAIN PROOF OR AFFIDAVIT OF PUBLICATION AND PROVIDE TO JONES HALL 2