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RESOLUTION 91-028 WHEREAS, written protests with respect to the formation of the District, the furnishing of specified types of facilities and services and the rate and method of apportionment of the special taxes have not been filed with the City Clerk by fifty percent (50%) or more of the registered voters residing within the territory of the District or property owners of one-half (1/2) or more of the area of land within the District and not exempt from the special tax; and WHEREAS, the special tax proposed to be levied in the District to pay for the proposed facilities and services to be provided thereby, as set forth in Exhibit B to the Resolution of Intention, has not been eliminated by protest by fifty percent (50%) or more of the registered voters residing within the territory of the District or the owners of one- half (1/2) or more of the area of land within the District and not exempt from the special tax. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. The foregoing recitals are true and correct. 2. The proposed special tax to be levied within the District has not been precluded by m~jority protest pursuant to Section 20-26 of the Act. 3. All prior proceedings taken by this City Council in connection with the establishment of the District and the levy of the special tax have been duly considered and are hereby found and determined to be valid and in conformity with the Act. 4. The community facilities district designated "Community Facilities District No. 1 (Fire Facilities and Services) of the City of Santa Aha" is hereby established pursuant to the Act. 5. The boundaries of the District, as set forth in the first amended proposed boundary map of the District heretofore recorded in the Orange County Recerder's Office in Book 5~ at Page~-140f Maps of Assessment and Community Facilities Districts, are hereby approved, are incorporated herein by reference and shall be the boundaries of the District. The City Council hereby acknowledges that the aforementioned first amended proposed boundary map of the District differs from that initially approved by the Resolution of Intention in that it does not include within the boundaries of the District parcels owned by the Redevelopment Agency of the City of Santa Ana (the "Agency"). The City Council hereby expressly approves the deletion from the map of the parcels owned by the Agency, in light of the failure by the Agency to make the findings contained in Section 20-15 of the Act with respect to such parcels. It is acknowledged by the City Council that said first amended map of the District also differs from the map of the District previously recorded with the County Recorder (and referenced on the face of the first amended proposed boundary map), in that it includes a parcel that was unintentionally deleted at the time the Agency parcels were removed from the map. 6. The type of public facilities (the ~Facilities") and the type of services (the "Services") proposed to be financed by the District and pursuant to the Act shall consist of -2-