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2001-112RESOLUTION NO. 2001R-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CALLING A SPECIAL ELECTION OF THE QUALIFIED ELECTORS RESIDING WITHIN THE TERRITORY OF COMMUNITY FACILITIES DISTRICT NO. 1989-3 (THE SUMMIT) TO CONSIDER ALTERING THE PUBLIC FACILITIES FINANCED BY THE DISTRICT PURSUANT TO SECTION 53338 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. WHEREAS, the City Council of the City of Anaheim (the "City Council") has heretofore established Community Facilities District No. 1989-3 (The Summit) (the "District") pursuant to the Melto-Roos Community Facilities Act of 1982, as amended (Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the Government Code of the State of California) (the "Act"); and WHEREAS, the territory within said District is generally described as shown on the Boundary Map of the District which is on file in the office of the City Clerk of the City of Anaheim and which Boundary Map was recorded on January 18, 1989, in Book 45, Page 49 in the Maps of Assessments and Community Facilities Districts of the Recorder of the County of Orange, California; and WHEREAS, pursuant to Section 53331 of the Act, the City Council heretofore determined that the public convenience and necessity require a change in the use of one of the public facilities sites which was financed, in part, by the District to construct a new district library adjacent to the police station; and WHEREAS, on March 20, 2001, the City Council did adopt its Resolution No. 2001R-66 fixing the time and place for a hearing to consider the proposed change of use of the public facilities financed by the District; and WHEREAS, notice of said hearing was given by the City Clerk in the manner required by law; and WHEREAS, on May 1, 2001, the City Council duly conducted said hearing and received and considered all evidence and testimony offered at said hearing, including all oral and written protests against the proposal described in Resolution No. 2001R-66 which were filed with the City Clerk on or before the time fixed for said hearing; and WHEREAS, the City Council hereby finds that: (a) at least 12 persons have been registered to vote within the District for each of the 90 days preceding the close of the protest hearing; and (b) less than 50 percent of the registered voters residing within the territory in the District, and the owners of less than one-half of the area of the land in the territory included in the District and not exempt from the special tax filed written protests against changing the public facilities financed by the District as described in Resolution No. 2001R-66; and WHEREAS, the City Council desires to submit the question of changing the facilities to be financed by the District as described in Resolution No. 2001R-66 to the qualified electors of the District in accordance with the provisions of Section 53338 of the Government Code of the State of California. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. That the foregoing recitals are true and correct. 2. That all oral and written protests filed against the proposal to change the public facilities financed by the District as described in Resolution No. 2001R-66 are hereby overruled. 3. That all prior proceedings taken by this City Council in connection with the proposed change of public facilities to be financed by the District have been duly considered and are hereby found and determined to be valid and in conformity with the Act. Any defects in said proceedings are hereby waived and corrected. 4. That the City Council does hereby call a special election of the qualified electors within said District to consider the following proposition (the "Proposition"): A. Shall the real property on which YES the existing police station is located at 8201 East Santa Ana Canyon Road, which real property was partially acquired with funds of Community Facilities District No. 1989-3 (The Summit), also be used by the City of Anaheim as the site of a new district library NO (i.e. thereby adding said real property for district library purposes to the list of authorized District facilities). 5. That the vote at said special election upon the Proposition shall be by the registered voters residing within the territory of the District with each voter having one vote. 6. That the City Clerk is hereby designated as the election official for purposes of conducting said special election. 7. The election official shall provide ballots and election materials in the manner required by law. 8. There shall be prepared and included in the ballot materials provided to each voter, an impartial analysis prepared by the City Attorney, and arguments and rebuttals, if any, pursuant to Sections 9280 to 9287, inclusive, and Section 9295 of the Elections Code of the State of California. 9. That ballots for said special election shall be distributed by mail with return postage prepaid by the election official as authorized pursuant to subdivision (d) of Section 53326 of the Government Code of the State of California. 10. The election official shall certify the proper mailing of ballots by an affidavit, which shall constitute conclusive proof of mailing. 11. The voted ballots shall be returned to the election official at the office of the City Clerk of the City of Anaheim not later than 5:00 p.m., on August 14, 2001. However, if all the qualified voters have voted, the election may be closed prior to such time and/or date upon the concurrence of the election official. Only ballots received in the office of the City Clerk by 5:00 p.m. on August 14, 2001, shall be counted. 12. That, pursuant to Elections Code Section 12310, a stipend for services for the persons named as canvassing board members is fixed at the sum of $40.00 for each Inspector and $40.00 for each Clerk for the election. 13. That the Proposition shall require the affirmative votes of two-thirds of the votes cast on said Proposition at the special election for adoption. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 1st day of May, 2001. ~AHEIM ATTEST: ~ Y CL~RK Of THE CITY OF ANAHEIM 38250.1 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2001R-112 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 1st day of May, 2001, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOPJCOUNCIL MEMBERS: Tait ABSENT: MAYOR/COUNCIL MEMBERS: None CITY CLEI~'K OF THE CITY OF ANAHEIM (SEAL)