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6426ORDINANCE NO.6 4 2 6 AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM LEVYING SPECIAL TAXES WITHIN CERTAIN TERRITORY ANNEXED TO CITY OF ANAHEIM COMMUNITY FACILITIES DISTRICT NO. 08-1 (PLATINUM TRIANGLE) WHEREAS, on April 22, 2008, 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 resolutions, 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"), "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)" and "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)," which resolutions, among other things, established City of Anaheim Community Facilities District No. 08-1 (Platinum Triangle) (the "Community Facilities District") and called an election within the Community Facilities District on the proposition of incurring bonded indebtedness, levying special taxes (the "Special Taxes") within the Community Facilities District to finance certain public facilities (the "Facilities") and establishing an appropriations limit for the Community Facilities District; WHEREAS, on July 24, 2008, an election was held in which the qualified electors of the Community Facilities District, by more than the two-thirds vote required by the Act, approved said proposition; WHEREAS, on August 12, 2008, the City Council, pursuant to the Act, adopted Ordinance No. 6110, entitled "An Ordinance of the City of Anaheim Levying Special Taxes Within City of Anaheim Community Facilities District No. 08-1 (Platinum Triangle)" ("Ordinance No. 6110"), which, among other things, authorized and levied the Special Taxes within the Community Facilities District; WHEREAS, on October 24, 2017, the City Council, pursuant to 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" (the "Resolution of Intention") stating its intention to annex certain territory (the "Additional Territory") to the Community Facilities District, and to authorize the levy of the Special Taxes within the Additional Territory to provide and finance certain 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 opened, conducted and closed said public hearing; OHSUSA:767533027.3 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)," 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, on December 5, 2017, an election was held in which the qualified electors of the Additional Territory approved said proposition by more than the two-thirds vote required by the Act; WHEREAS, on December 5, 2017, the City Council adopted a resolution entitled "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," declaring the results of said special election and determining that the Additional Territory is added to and part of the Community Facilities District; WHEREAS, Section 53339.8(a) of the Act provides that, if two-thirds of the votes cast on the proposition are in favor of levying the special tax, after the canvass of the returns of the election, the legislative body may levy any special tax within the annexed territory, as specified in the resolution of intention adopted pursuant to Section 53339.2 of the Act, and as specified in the ordinance adopted pursuant to Section 53340 of the Act; WHEREAS, Section 53340 of the Act provides that, after a community facilities district has been created and authorized to levy specified special taxes pursuant to Article 3.5 of the Act (commencing with Section 53339 of the Act), relating to the annexation of territory, the legislative body may, by ordinance, levy the taxes at the rate and apportion them in the manner specified in the resolution adopted pursuant to Article 3.5 of the Act (commencing with Section 53339 of the Act), such resolution being the resolution of intention to annex territory to a community facilities district; WHEREAS, the Community Facilities District has been authorized to levy the Special Taxes within the Additional Territory pursuant to Article 3.5 of the Act (commencing with Section 53339 of the Act); and WHEREAS, the Resolution of Intention provides that the Special Taxes are to be levied within the Additional Territory in accordance with the rate and method of apportionment specified in the Resolution of Formation (the "Rate and Method"); THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: 2 OHSUSA:767533027.3 Section 1. The foregoing recitals are true and correct. Section 2. The City Council hereby authorizes and levies the Special Taxes within the Additional Territory pursuant to Sections 53339(a) and 53340 of the Act, at the rate and in accordance with the Rate and Method. The Special Taxes are hereby levied commencing in fiscal year 2018-19 and in each fiscal year thereafter until the last fiscal year in which such Special Taxes are authorized to be levied pursuant to the Rate and Method. The City Council may, in accordance with subdivision (b) of Section 53340 of the Act, provide, by resolution, for the levy of the Special Taxes in future tax years at the same rate or at a lower rate than the rate provided by this Ordinance. In no event shall the Special Taxes be levied on any parcel within the Additional Territory in excess of the maximum tax specified therefor in the Rate and Method. The Special Taxes shall be levied on all of the parcels in the Additional Territory, unless exempted by law or by the Rate and Method. Section 3. The proceeds of the Special Taxes shall only be used to pay, in whole or in part, the cost of providing the Facilities and incidental expenses pursuant to the Act. Section 4. The Special Taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in the case of delinquency as is provided for ad valorem taxes, unless another procedure is adopted by the City Council. Section 5. If for any reason any portion of this Ordinance is found to be invalid, or if any Special Tax is found inapplicable to any particular parcel within the Additional Territory, as applicable, by a court of competent jurisdiction, the balance of this Ordinance and the application of such Special Tax to the remaining parcels within the Additional Territory shall not be affected. Section 6. Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. To the extent the provisions of this Ordinance are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, the provisions of this Ordinance shall be construed as restatements and continuations of those provisions and not as new enactments or amendments of the earlier provisions. Section 7. The City Council hereby declares that should any section, paragraph, sentence, phrase, term or word of this Ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this Ordinance independent of the elimination herefrom of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. 3 OHSUSA:767533027.3 Section 8. The Acting City Clerk shall certify to the passage of this Ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 5th day of December , 2017, and thereafter passed and adopted at a regular meeting of said City Council held on the 19 thday 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 ANAHEIM MAYOR OF THE CITY OF ANAHEIM ATTEST: ACTING CITY CLERk OF THE CITY OF ANAHEIM 4 OHSUSA:767533027.3 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 Ordinance No. 6426 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 5th day of December, 2017, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 19th 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 ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 20' day of December, 2017. ACTING CITY CLERK OF THE CITY OF ANAHEIM (SEAL) AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: December 28, 2017 "I certify (or declare) under the penalty of, perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: December 28, 2017 12 0 Signature Anaheim Bulletin 2190 Towne Centre Place Anaheim, Ca 92806 (714)796-2209 PROOF OF PUBLICATION SUMMARY PUBLICATION CITYOFANAHEIM ORDINANCE No%426 - AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIMI LEVYING SPECIAL TAXES WITHIN CERTAIN TERRITORY AN- NEXED TO CITY OF ANAHEIM COMMUNITY FACILITIES DISTRCIT NO. 08-1 (PLATINUM TRIANGLE) The primary purpose of this ordinance is to levy speciallaxes in the Additional Territory annexed`into Community Facilities District No. 08.1 (Platinum Triangle). A public hearing and Special Election were held with respect to the Proposition to levy special taxes In', the Addi- tional Territory. The City Clerk thereafter certified the results of the special election and declared the Proposition passed. The ordinance levies special taxes in the Additional Territory in accordance with the rate and method of apportionment specified in the Resolution of For- mation to pay for public facilities 1, Theresa Bass, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing is a summary of Ordinance No. 6426, which ordinance was introduced at a regular meeting of the City Council of the City of Anaheim on the 5th day of December, 2017 and was duly passed and adopted at a regular meeting of said Council on the 19th day of December, 2017 by the following roll call vote of the members thereof: AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel NOES: None ABSENT: None ABSTAIN: None The above summary is a brief description of the subject matter con- tained in the text of Ordinance No. 6426, which has been prepared pur- suant to Section 512 of the Charter of the City of Anaheim. This sum- mary does not include or describe every Provision of the ordinance and should not be relied on as a substitute for the full text of the ordi- nance. To obtain a copy of the full text of the ordinance, please contact the Office of the City Clerk, (714) 765.5166, between 8:00 a.m. and 5:00 P.m., Monday through Friday. There is no charge for the copy. Published in:Anaheim Bulletin December 28, 2017 11056851 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 Ordinance No. 6426 and was published in the Anaheim Bulletin on the 28TH day of December. 2017. ACTING CITY CLERK OF THE CITY OF ANAHEIM (SEAL)