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RES-2017-174RESOLUTION NO. 2017-174 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) 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 this date, the City Council opened, conducted and closed said public hearing; WHEREAS, at said public hearing, the testimony of all interested persons or taxpayers for or against the annexation of the Additional Territory to the Community Facilities District or the levying of the Special Taxes within the Additional Territory were heard, written protests, if any, were received and a full and fair hearing was held; WHEREAS, at said public hearing, evidence was presented to the City Council on the matters before it, and the City Council at the conclusion of the hearing was fully advised as to all matters relating to the proposed annexation of the Additional Territory to the Community Facilities District and the levying of the Special Taxes therein; WHEREAS, pursuant to Section 53339.7 of the Act, the proposition to levy the Special Taxes within the Additional Territory, the territory proposed to be annexed to the Community Facilities District, is to be submitted to the qualified electors of the Additional Territory at a special election; 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, there has been filed with the City Clerk a certificate from the office of the Registrar of Voters of the County of Orange indicating that no persons were registered to vote within the Additional Territory as of October 26, 2017, and, accordingly, that 12 or more persons have not been registered to vote within the Additional Territory for each of the 90 days preceding the close of said public hearing; OHSUSA:767533009.3 WHEREAS, there has been filed with the City Clerk consents and waivers of all of the landowners of record in the Additional Territory waiving any time limit specified by Section 53326 of the Act and any requirement pertaining to the conduct of said special election, consenting to the holding of said special election on December 5, 2017 and waiving any impartial analysis, arguments or rebuttals, as set forth in Sections 53326 and 53327 of the Act; and WHEREAS, the City Clerk has concurred in said waivers and has concurred in holding said special election on December 5, 2017; 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. Pursuant to Sections 53339.7 of the Act, the proposition to levy the Special Taxes in the Additional Territory, the territory proposed to be annexed to the Community Facilities District, shall be submitted to the qualified electors of the Additional Territory at a special election for the Additional Territory called therefor as provided herein. The City Council hereby finds and determines that no persons were registered to vote within the Additional Territory as of October 26, 2017, and, accordingly, that 12 or more persons have not been registered to vote within the Additional Territory for each of the 90 days preceding the close of the public hearing on the proposed annexation of the Additional Territory to the Community Facilities District. Accordingly, pursuant to Section 53326 of the Act, the vote shall be by the landowners of the Additional Territory and each person who is the owner of land within the Additional Territory as of the close of said public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre that he or she owns within the Additional Territory not exempt from the Special Taxes. The voting procedure shall be by mailed or hand -delivered ballot. Section 3. The City Clerk is hereby designated as the official to conduct said election. Section 4. The City Council hereby finds and determines that the qualified electors of the Additional Territory have unanimously consented (a) to the waiver of any time limit specified by Section 53326 of the Act and any requirement pertaining to the conduct of said election, (b) to the holding of said election on December 5, 2017, and (c) to the waiver of any impartial analysis, arguments or rebuttals, as set forth in Sections 53326 and 53327 of the Act. The City Council hereby finds and determines that the City Clerk has concurred in said waivers and has concurred in holding said election on December 5, 2017. Section 5. The City Council hereby calls a special election to submit to the qualified electors of the Additional Territory the proposition to levy the Special Taxes within the Additional Territory to finance the Facilities, which election shall be held at 200 South Anaheim Boulevard, Anaheim, California, on December 5, 2017. The City Council has caused to be provided to the City Clerk, as the official to conduct said election, the Resolution of Intention, a certified map of sufficient scale and clarity to show the 2 OHSUSA:767533009.3 boundaries of the Additional Territory, and a sufficient description of the Additional Territory to allow the City Clerk to detennine the boundaries of the Additional Territory. The voted ballots shall be returned to the City Clerk not later than 11:00 p.m. on December 5, 2017; provided, however, that if all of the qualified electors of the Additional Territory have voted prior to such time, the election for the Additional Territory may be closed with the concurrence of the City Clerk. Section 6. Pursuant to Section 53339.8 of the Act, the above proposition shall become effective upon the affirmative vote of two-thirds of the votes cast upon the proposition. Section 7. Pursuant to Section 53326 of the Act, the election shall be conducted by mail or hand -delivered ballot pursuant to Section 4000 et seq. of the California Elections Code. 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. 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 a ballot in said form to be distributed to each qualified elector by mail with return postage prepaid or by personal service. 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. Analysis and arguments with respect to the ballot proposition are hereby waived, as provided in Section 53327 of the Act. Section 9. The City Clerk shall accept the ballots of the qualified electors in the office of the City Clerk at 200 South Anaheim Boulevard, Anaheim, California, to and including 11:00 p.m. on December 5, 2017, 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. 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 11. This Resolution shall take effect immediately upon its adoption. 3 OHSUSA:767533009.3 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 '0,=ANHEIM,._�/ By _�A MAYOR OF THE CITY OF ANAHEIM ATZC91TYCLEIRKOTT�HE CITY OF ANAHEIM 4 OHSUSA:767533009.3 EXHIBIT A FORM OF OFFICIAL BALLOT CITY OF ANAHEIM COMMUNITY FACILITIES DISTRICT NO. 08-1 (PLATINUM TRIANGLE) SPECIAL ELECTION December 5, 2017 This ballot is for a special, landowner election. The number of votes to be voted pursuant to this ballot is INSTRUCTIONS TO VOTERS: To vote on each 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: 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? A-1 OHSUSA:767533009.3 Yes: ❑ No: ❑ 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. 2017-174 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. ING 4CLOF THE CITY OF ANAHEIM (SEAL)