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RES-2008-055OHS West:260382775.3 RESOLUTION NO. 2008 055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CALLING SPECIAL ELECTION FOR CITY OF ANAHEIM COMMUNITY FACILITIES DISTRICT NO. 08 -1 (PLATINUM TRIANGLE) WHEREAS, on this date, the City Council (the "City Council of the City of Anaheim (the "City adopted, pursuant to the Mello -Roos Community Facilities Act of 1982 (the "Act"), a resolution entitled "A Resolution of the City Council of the City of Anaheim of Formation of City of Anaheim Community Facilities District No. 08 -1 (Platinum Triangle), Authorizing the Levy of a Special Tax within the District and Establishing an Appropriations Limit for the District" (the "Resolution of Formation establishing City of Anaheim Community Facilities District No. 08 -1 (Platinum Triangle) (the "Community Facilities District"), authorizing the levy of a special tax within the Community Facilities District and establishing an appropriations limit for the Community Facilities District; WHEREAS, on this date, the City Council also adopted a resolution entitled "A Resolution of the City Council of the City of Anaheim Deeming It Necessary to Incur Bonded Indebtedness within City of Anaheim Community Facilities District No. 08 -1 (Platinum Triangle)" (the "Resolution to Incur Indebtedness deeming it necessary to incur bonded indebtedness in the maximum amount of $480,000,000; WHEREAS, pursuant to the provisions of said resolutions, the propositions to incur bonded indebtedness, to levy a special tax within the Community Facilities District and to establish an appropriations limit for the Community Facilities District are to be submitted to the qualified electors of the Community Facilities District as required by the Act; WHEREAS, the City Council desires to designate the City Clerk of the City (the "City Clerk as the election official for the special election provided for herein; WHEREAS, in accordance with Section 53326 of the Act, the City Clerk has concurred to the holding of said special election on July 24, 2008; WHEREAS, there has been filed with the City Clerk a letter from the Registration and Elections Department of the County of Orange indicating that 12 or more persons have not been registered to vote within the territory of the Community Facilities District for each of the 90 days preceding the close of the public hearings on the establishment of the Community Facilities District and the proposed debt issue for the Community Facilities District; and WHEREAS, the City Council desires to provide for the filing of an impartial analysis with respect to said propositions, as provided in the California Elections Code (the "Elections Code NOW, THEREFORE, the City Council of the City of Anaheim does hereby resolve, determine and order as follows: Section 1. All of the above recitals are true and correct. Section 2. Pursuant to Sections 53351, 53326 and 53325.7 of the Act, the propositions to incur bonded indebtedness, to levy a special tax within the Community Facilities District and to establish an appropriations limit for the Community Facilities District shall be submitted to the qualified electors of the Community Facilities District at an election called therefor as provided below. Section 3. As authorized by Section 53353.5 of the Act, the propositions to incur bonded indebtedness, to levy a special tax within the Community Facilities District and to establish an appropriations limit for the Community Facilities District shall be combined into one ballot proposition. Section 4. The City Clerk is hereby designated as the official to conduct said election. Section 5. The City Council hereby finds and determines that 12 or more persons have not been registered to vote within the territory of the Community Facilities District for each of the 90 days preceding the close of the public hearings heretofore held by the City Council on the establishment of the Community Facilities District and the proposed debt issue for the Community Facilities District. Accordingly, pursuant to Section 53326 of the Act, the vote shall be by the landowners of the Community Facilities District and each landowner who is the owner of record as of the close of said public hearings, or the authorized representative thereof, shall have one vote for each acre or portion of an acre that he or she owns within the Community Facilities District. Section 6. The City Council hereby calls a special election to submit to the qualified electors of the Community Facilities District the combined proposition to incur bonded indebtedness, to levy a special tax within the Community Facilities District and to establish an appropriations limit for the Community Facilities District, which election shall be held at 200 South Anaheim Boulevard, Anaheim, California, on July 24, 2008. The City Council has caused to be provided to the City Clerk, as the official to conduct said election, the Resolution of Formation, the Resolution to Incur Indebtedness, a certified map of sufficient scale and clarity to show the boundaries of the Community Facilities District, and a sufficient description to allow the City Clerk to determine the boundaries of the Community Facilities District. Section 7. Pursuant to Section 53327 of the Act, the election shall be conducted by mail or hand delivered ballot pursuant to Section 4000 of the Elections Code. The City Council hereby finds that paragraphs (a), (b), (c)(1) and (c)(2) of said Section 4000 are applicable to this special election. Except as otherwise provided in the Act, the provisions of law regulating elections of the City, insofar as they may be applicable, will govern the election. The Community Facilities District shall constitute a single election precinct for the purpose of holding the election. The City Clerk, as the official designated to conduct said election, shall provide such services as may be necessary to properly and lawfully hold and conduct the special election provided for herein, including but not restricted to the providing for and printing of sample ballots, official mail ballots, other election materials and registration lists, the appointment of election officers, the publication of required election notices, the mailing and counting of ballots, the canvassing of returns, the declaration of results, the issuance of certificates of election, and OHS West:260382775.3 2 the preparation and providing of other materials and services required to conduct the election in the manner provided by law for conducting the election, including Sections 53326 and 53327 of the Act. Section 8. The form of the ballot for said election is attached hereto as Exhibit A and by this reference incorporated herein, and such form of ballot is hereby approved. The City Clerk shall cause to be delivered to each of the qualified electors of the Community Facilities District a ballot in said form. Each ballot shall indicate the number of votes to be voted by the respective landowner to which it pertains. Each ballot shall be accompanied by all supplies and written instructions necessary for the use and return of the ballot. The identification envelope for return of the ballot shall be enclosed with the ballot, shall have the return postage prepaid, and shall contain: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or the authorized representative of the landowner entitled to vote and is the person whose name appears on the identification envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration described in clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing board. Section 9. The voted ballots shall be returned to the Office of the City Clerk at 200 South Anaheim Boulevard, Anaheim, California 92805, not later than 8:00 p.m., July 24, 2008; provided, however, that if all of the qualified electors have voted prior to such time, the election may be closed with the concurrence of the City Clerk. The City Clerk shall accept the ballots of the qualified electors at such location to and including 8:00 p.m. on July 24, 2008, whether said ballots be personally delivered or received by mail. The City Clerk shall have available ballots which may be marked at said location on the election day by said qualified electors. Section 10. Pursuant to Section 9280 of the Elections Code, the City Attorney is hereby authorized and directed to prepare an impartial analysis of the combined proposition specified herein showing the effect of the proposition on the existing law and the operation of the proposition, said analysis to be submitted by the City Attorney to the City Clerk for printing before the arguments for and against the proposition. The analysis shall not exceed 500 words in length and shall otherwise comply in all respects with the applicable provisions of the Elections Code. Section 11. The City Clerk is hereby directed to publish a notice of the election one time in the Orange County Register, or such other newspaper as determined by the City Clerk, so long as such newspaper is a newspaper of general circulation published in the area of the Community Facilities District, in accordance with Section 53352 of the Government Code and the Elections Code. Section 12. The City Council hereby determines that the Facilities (as defined in the Resolution of Formation) financed by the Community Facilities District are necessary to meet increased demands placed upon local agencies as a result of development occurring in the Community Facilities District. OHS West:260382775.3 3 Section 13. The specific purposes of the bonded indebtedness proposed to be incurred is the financing of the Facilities, including all costs and estimated costs incidental to, or connected with, the accomplishment of such purpose, and the proceeds of such bonded indebtedness shall be applied only to such specific purposes. Upon approval of the proposition to incur bonded indebtedness, and the sale of any bonds evidencing such indebtedness, the City Council shall take such action as may be necessary to cause to be established an account for deposit of the proceeds of sale of the bonds. For so long as any proceeds of the bonds remain unexpended, the Finance Director of the City shall cause to be filed with the City Council, no later than January 1 of each year, a report stating (a) the amount of bond proceeds received and expended during the preceding year, and (b) the status of any project funded or to be funded from bond proceeds. Said report may relate to the calendar year, fiscal year, or other appropriate annual period, as the Finance Director of the City shall determine, and may be incorporated into the annual budget, audit, or other appropriate routine report to the City Council. Section 14. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things which they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof. Section 15. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City Council of the City of Anaheim on April 22, 2008 by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: >40 OHS West:260382775.3 City Clerk 4 Mayor STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM CLERK'S CERTIFICATE I, Linda N. Andal, City Clerk of the City of Anaheim, California hereby certify that the foregoing is a full, true and correct copy of a Resolution duly adopted at a regular meeting of the City Council of said City duly and regularly held at the regular meeting place thereof on April 22, 2008, of which meeting all of the members of said City Council had due notice and at which a majority thereof were present; and that at said meeting said Resolution was adopted by the following vote: Mayor Pringle, AYES: COUNCIL MEMBERS: Hernandez, Sidhu, Galloway, Kring NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE An agenda of said meeting was posted at least 72 hours before said meeting at 200 South Anaheim Boulevard, Anaheim, California, a location freely accessible to members of the public, and a brief general description of said Resolution appeared on said agenda. I further certify that I have carefully compared the same with the original minutes of said meeting on file and of record in my office; that the foregoing Resolution is a full, true and correct copy of the original Resolution adopted at said meeting and entered in said minutes; and that said Resolution has not been amended, modified or rescinded since the date of its adoption, and the same is now in full force and effect. Dated: April 22 2008 OHS West:260382775.3 INSTRUCTIONS TO VOTERS: EXHIBIT A OFFICIAL BALLOT CITY OF ANAHEIM COMMUNITY FACILITIES DISTRICT NO. 08 -1 (PLATINUM TRIANGLE) July 24, 2008 SPECIAL ELECTION This ballot is for a special, landowner election. The number of votes to be voted pursuant to this ballot is To vote on the proposition, mark a cross or (X) in the voting square after the word "YES" or after the word "NO." All distinguishing marks or erasures are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Anaheim and obtain another. PROPOSITION A: Shall City of Anaheim Community Facilities District No. 08 -1 (Platinum Triangle) be authorized to incur bonded indebtedness in a maximum amount of $480,000,000 and levy a special tax in accordance with a rate and method of apportionment in order to finance certain public facilities and shall an annual appropriations limit of $480,000,000 be established for the Community Facilities District, as specified in Resolution Nos. and adopted by the City Council of the City of Anaheim on April 22, 2008? OHS West:260382775.3 A -1 Yes: No: