2001-225RESOLUTION NO. 2001R- 225
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DETERMINING THAT CERTAIN CHANGES
IN THE FACILITIES FINANCED BY COMMUNITY
FACILITIES DISTRICT NO. 1989-2 (THE
HIGHLANDS) ARE LAWFULLY AUTHORIZED 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. 1989-2 (The Highlands) (the "District") pursuant to
the Mello-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 48 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 location of one of the public
facilities (i.e., the police station) to be financed by the
District; and
WHEREAS, on March 20, 2001, the City Council did adopt
its Resolution No. 2001R-65 fixing the time and place for a
hearing to consider the proposed change to the public facilities
to be 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-65 which were filed with the City Clerk on or before the
time fixed for said hearing; and
WHEREAS, upon completion of said hearing, the City
Council adopted its Resolution No. 2001R-Ill calling a special
election of the qualified electors within said District pursuant
to Section 53338 of the Government Code to consider the following
proposition (the "Proposition"):
Shall the real property on which
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. 1989-2 (The Highlands), also
be used by the City of Anaheim as
the site of a new district library
(i.e. thereby adding said real
property for district library purposes
to the list of authorized District
facilities).
YES
NO
WHEREAS, the special election on said Proposition was
conducted by mail on August 14, 2001, pursuant to all applicable
provisions of the Elections Code of the State of California, and
the results of said special election have been duly canvassed as
required by law; and
WHEREAS, at least two-thirds of the votes cast on the
aforesaid Proposition were in favor of the proposed change as
described in said Proposition.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that:
1. The City Council hereby determines that the
proposed changes as set forth in said Proposition are lawfully
authorized.
2. This resolution shall constitute the resolution of
change described in, and required pursuant to, Section 53338 of
the Government Code.
3. The real property on which 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. 1989-2 (The Highlands), may also be used
by the City of Anaheim as the site of a new district library
(i.e. thereby adding said real property for district library
purposes to the list of authorized District facilities).
2
4. The City Clerk, if required by law, shall record
notice of the aforesaid change pursuant to any applicable
requirements of Section 3117.5 of the Streets and Highways Code.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 21st day of August,
2001.
MA~E/~HEIM
ATTEST:
CI THE CITY OF ANAHEIM
41487.1
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. 2001 R-225 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 21st day of August, 2001, by the following vote of the
members thereof:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
Feldhaus, Kring, Tait, McCracken, Daly
None
None
CITY CLEF~OF THE CITY OF ANAHEIM
(SEAL)