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RES-2017-175RESOLUTION NO. 201 7-1 75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING RESULTS OF SPECIAL ELECTION, DETERMINING THAT CERTAIN TERRITORY IS ADDED TO AND PART OF CITY OF ANAHEIM COMMUNITY FACILITIES DISTRICT NO. 08-1 (PLATINUM TRIANGLE) AND DIRECTING RECORDING OF A NOTICE OF ANNEXATION WHEREAS, on October 24, 2017, the City Council (the "City Council") of the City of Anaheim (the "City"), pursuant to the Mello -Roos Community Facilities Act of 1982 (the "Act"), adopted a resolution entitled "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" stating its intention to annex certain territory (the "Additional Territory") to City of Anaheim Community Facilities District No. 08-1 (Platinum Triangle) (the "Community Facilities District"), and to authorize the levy of special taxes (the "Special Taxes") within the Additional Territory to provide and finance certain public facilities (the "Facilities"), and setting December 5, 2017 as the date for a public hearing to be held on the proposed annexation of the Additional Territory to the Community Facilities District; WHEREAS, on December 5, 2017, the City Council adopted a resolution entitled "A Resolution of the City Council of the City of Anaheim Calling a Special Election to Levy a Special Tax Within Territory Proposed to be Annexed to City of Anaheim Community Facilities District No. 08-1 (Platinum Triangle)" (the "Resolution Calling Election"), calling for a special election to submit to the qualified electors of the Additional Territory the proposition to levy the Special Taxes within the Additional Territory in order to finance the Facilities; WHEREAS, pursuant to the terms of the Resolution Calling Election and the provisions of the Act, the special election was held on December 5, 2017; and WHEREAS, the City Clerk of the City (the "City Clerk") has certified the canvass of the returns of the election and has filed a Canvass and Statement of Results of Election for the election (the "Canvass"), a copy of which is attached hereto as Exhibit A; 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 City Council has received, reviewed and hereby accepts the Canvass. Section 3. The City Council hereby finds and declares that the ballot proposition submitted to the qualified electors of the Additional Territory pursuant to the Resolution Calling Election have been passed and approved by such electors in accordance with Section 53339.8(a) of the Act. OHSUSA:767533018.3 Section 4. The City Council hereby determines that the Additional Territory is added to and part of the Community Facilities District with full legal effect. Section 5. The boundaries of the Additional Territory added to and made part of the Community Facilities District are described in the map recorded as Instrument No. 2017000465159 in the County of Orange in Book 105 at Pages 34-35 of Maps of Assessment and Community Facilities Districts in the office of the County Recorder of the County of Orange. Section 6. The City Clerk is hereby directed to prepare and record in the office of the County Recorder of the County of Orange a notice of annexation of the Additional Territory pursuant to Section 3117.5 of the California Streets and Highways Code. Section 7. 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 8. This Resolution shall take effect immediately upon its adoption. 2 OHSUSA:767533018.3 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 5th day of December , 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 OF NAHEIMI-�L By MAYOR OF THE CITY OF ANAHEIM A TING CITY CL RK OF THE CITY OF ANAHEIM OHSUSA:767533018.3 EXHIBIT A [See attached.] OHSUSA:767533018.3 CANVASS AND STATEMENT OF RESULTS OF ELECTION CITY OF ANAHEIM COMMUNITY FACILITIES DISTRICT NO. 08-1 (PLATINUM TRIANGLE) I, Theresa Bass, Acting City Clerk of the City of Anaheim, hereby certify that on December 5, 2017, I canvassed the returns of the special election held on December 5, 2017 for the territory (the "Additional Territory") proposed to be annexed to City of Anaheim Community Facilities District No. 08-1 (Platinum Triangle), that the total number of ballots cast in the Additional Territory and the total number of votes cast for and against the proposition are as follows and that the totals as shown for and against the proposition are true and correct: City of Anaheim Community Facilities District No. 08-1 (Platinum Triangle), Special Election, December 5, 2017 Qualified Landowner Votes Votes Cast YES NO 8 8 8 0 PROPOSITION: Shall City of Anaheim Community Facilities District No. 08-1 (Platinum Triangle) (the "Community Facilities District") be authorized to levy a special tax in the additional territory proposed to be annexed to the Community Facilities District in order to finance certain public facilities, all as specified in the resolution entitled "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," adopted by the City Council of the City of Anaheim on October 24, 2017, and the resolution entitled "A Resolution of the City Council of the City of Anaheim Calling a Special Election to Levy a Special Tax Within Territory Proposed to be Annexed to City of Anaheim Community Facilities District No. 08-1 (Platinum Triangle)," adopted by the City Council of the City of Anaheim on December 5, 2017? IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of December, 2017. Y: THERESA bASS, ACTING CITY CLERK OF THE CITY OF ANAHEIM OHSUSA:767533018.3 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2017-175 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 5th day of December, 2017 by the following vote of the members thereof: AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of December, 2017. ACTING CITY CLE K OF THE CITY OF ANAHEIM (SEAL)