RES-2017-153RESOLUTION NO. 201 7-1 53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM OF INTENTION TO ANNEX TERRITORY
TO CITY OF ANAHEIM COMMUNITY FACILITIES
DISTRICT NO. 08-1 (PLATINUM TRIANGLE) AND TO
AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN
WHEREAS, pursuant to the Mello -Roos Community Facilities Act of 1982 (the "Act'),
the City Council (the "City Council") of the City of Anaheim (the "City") previously established
City of Anaheim Community Facilities District No. 08-1 (Platinum Triangle) (the "Community
Facilities District') for the purpose of financing certain public facilities;
WHEREAS, the City Council has received a written petition (the "Petition") from TH
Lewis Venture, LLC (the "Landowner") requesting that proceedings be instituted to annex
certain property owned by the Landowner to the Community Facilities District;
WHEREAS, the Landowner has represented and warranted to the City Council that the
Landowner is the owner of all of the territory proposed to be annexed to the Community
Facilities District (the "Additional Territory");
WHEREAS, Section 53339.2 of the Act provides that if the landowners request the
legislative body to include territory within a district, the legislative body may adopt a resolution
of intention to annex the territory; and
WHEREAS, pursuant to the Act, the City Council is the legislative body of the
Community Facilities District;
NOW, THEREFORE, the City Council of the City of Anaheim does hereby resolve,
determine and order as follows:
Section 1. The foregoing recitals are true and correct.
Section 2. The name of the existing community facilities district is City of Anaheim
Community Facilities District No. 08-1 (Platinum Triangle).
Section 3. The City Council proposes to annex the Additional Territory to the
Community Facilities District pursuant to the Act. The existing boundaries of the territory of the
Community Facilities District are described in the boundary map of the Community Facilities
District recorded in the office of the County Recorder of the County of Orange in Book 92 at
Pages 48-50 of Maps of Assessments and Community Facilities Districts as Instrument No.
2008-000051133. The boundaries of the territory proposed to be annexed to the Community
Facilities District are described in the map showing the proposed Additional Territory
("Annexation Map No. 1") on file with the City Clerk of the City (the "City Clerk"), which
boundaries are hereby preliminarily approved and to which map reference is hereby made for
further particulars. The City Clerk is hereby directed to sign Annexation Map No. 1 and record,
or cause to be recorded, Annexation Map No. 1 with all proper endorsements thereon in the
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office of the County Recorder of the County of Orange within 15 days of the date of adoption of
this Resolution, all as required by Section 3111 of the California Streets and Highways Code.
Section 4. The public facilities (the "Facilities") provided pursuant to the Act in the
Community Facilities District and proposed to be provided in the Additional Territory are
described under the caption "Facilities" on Exhibit A to Resolution No. 2008-053, 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," adopted by
the City Council on April 22, 2008 (the "Resolution of Formation"), which is by this reference
incorporated herein. The Facilities will be available to and will benefit landowners within the
Community Facilities District and the proposed Additional Territory without preference or
priority and, as such is the case, no specific plan for sharing facilities as contemplated by Section
53339.3(c) of the Act is necessary.
Section 5. Except where funds are otherwise available, a special tax sufficient to pay for
all Facilities, secured by recordation of a continuing lien against all nonexempt real property in
the Additional Territory, will be annually levied within the Additional Territory. The rate and
method of apportionment of the special tax, in sufficient detail to allow each landowner within
the proposed Additional Territory to estimate the maximum amount that he or she will have to
pay, is described in Exhibit B to the Resolution of Formation, which is by this reference
incorporated herein.
Section 6. There will be no alteration in the special tax rate to be levied within the
Community Facilities District as a result of the proposed annexation of the Additional Territory
to the Community Facilities District.
Section 7. The City Council hereby fixes Tuesday, December 5, 2017, at 5:30 p.m., or as
soon thereafter as the City Council may reach the matter, at City Hall Council Chambers, 200
South Anaheim Boulevard, First Floor, Anaheim, California, as the time and place when and
where the City Council will conduct a public hearing on the on the proposed annexation of the
Additional Territory to the Community Facilities District.
Section 8. The City Clerk is hereby directed to publish, or cause to be published, a
notice of said public hearing one time in a newspaper of general circulation published in the area
of the Community Facilities District and the Additional Territory. The publication of said notice
shall be completed at least seven days prior to the date herein fixed for said hearing. Said notice
shall contain the information prescribed by Section 53339.4 of the Act.
Section 9. 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 10. This Resolution shall take effect immediately upon its adoption
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THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this24th day of October , 2017 by the following roll call
vote:
AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes,
Moreno,Kring, and Faessel
NOES: None
ABSENT: None
ABSTAIN: None
CITY O AHEIM
By
_ iX
MAYOR OF THE CITY OF ANAHEIM
A
A CLER OF THE CITY OF ANAHEIM
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CLERK'S CERTIFICATE
CITY OF ANAHEIM
COUNTY OF ORANGE
STATE OF CALIFORNIA
I, Theresa Bass, Acting City Clerk of the City of Anaheim, California, do hereby certify
that the foregoing is a full, true and correct copy of Resolution No. 2017-153 duly adopted at a
regular meeting of City Council of said City duly and regularly held at the regular meeting place
thereof on October 24, 2017 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:
AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno,
Kring, and Faessel
NOES: None
ABSTAIN: None
ABSENT: 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 the foregoing Resolution is a full, true and correct copy of the original
Resolution adopted at said meeting; 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: 25th day of October, 2017
City Clerk of City of Anaheim