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2003-154RESOLUTION NO. 2003R- 154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CALL1NG A SPECIAL ELECTION OF THE QUALIFIED ELECTORS RESIDING WITHIN THE TERRITORY OF COMMUNITY FACILITIES DISTRiCT NO. 1989-2 (THE HIGHLANDS) TO CONSIDER ALTERING THE PUBLIC FACILITIES FINANCED BY THE DISTRiCT PURSUANT TO SECTION 53338 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. WHEREAS, the City Council of the City of Anaheim (the "City Council") has heretofore established Community Facilities District No. 1989-2 (The Highlands) (the "District") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the Government Code of the State of California) (the "Act"); and WHEREAS, the territory within said District is generally described as shown on the Boundary Map of the District which is on file in the office of the City Clerk of the City of Anaheim and which Boundary Map was recorded on January 18, 1989, in Book 45, Page 47 in the Maps of Assessments and Community Facilities Districts of the Recorder of the County of Orange, California; and WHEREAS, pursuant to Section 53331 of the Act, the City Council does hereby determine that the public convenience and necessity require a change in the types of authorized public facilities which should be financed by the District; and WHEREAS, on June 17, 2003, the City Council did adopt its Resolution No. 2003R- 113 fixing the time and place for a hearing to consider the proposed change to the public facilities to be financed by the District; and WHEREAS, notice of said hearing was given by the City Clerk in the manner required by law; and WHEREAS, on July 22, 2003, the City Council duly conducted said hearing and received and considered all evidence and testimony offered at said hearing, including all oral and written protests against the proposal described in Resolution No. 2003R-113 which were filed with the City Clerk on or before the time fixed for said hearing; and WHEREAS, the City Council hereby finds that: (a) at least 12 persons have been registered,to vote within the District for each of the 90 days preceding the close of the protest hearing; and (b) less than 50 percent of the registered voters residing within the territory in the District, and the owners of less than one-half of the area of the land in the territory included in the District and not exempt from the special tax filed written protests against changing the public facilities financed by the District as described in Resolution No. 2003R-113; and WHEREAS, the City Council desires to submit the question of changing the facilities to be financed by the District as described in Resolution No. 2003R-113 to the qualified electors of the District in accordance with the provisions of Section 53338 of the Government Code of the State of California. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. That the foregoing recitals are tree and correct. That all oral and written protests filed against the proposal to change the public facilities financed by the District as described in Resolution No. 2003R-113 are hereby overruled. That all prior proceedings taken by this City Council in connection with the proposed change of public facilities to be financed by the District have been duly considered and are hereby found and determined to be valid and in conformity with the Act. Any defects in said proceedings are hereby waived and corrected. That the City Council does hereby call a special election of the qualified electors within said District to consider the following proposition (the "Proposition"): o The changes in public facilities which it is proposed that the District finance are as follows: Shall the real property on which the existing police station is located at 8201 East Santa Ana Canyon Road, which real property was partially acquired with funds of Community Facilities District No. 1989-2 (The Highlands), also be used by the City of Anaheim as the site of a new district gynmasium (i.e. thereby adding said real property for district gynmasium purposes to the list of authorized District facilities). YES NO o That the vote at said special election upon the Proposition shall be by the registered voters residing within the territory of the District with each voter having one vote. That the City Clerk is hereby designated as the election official for purposes of conducting said special election. The election official shall provide ballots and election materials in the manner required by law. o There shall be prepared and included in the ballot materials provided to each voter, an impartial analysis prepared by the City Attorney, and arguments and rebuttals, if any, pursuant to Sections 9280 to 9287, inclusive, and Section 9295 of the Elections Code of the State of California. 10. That ballots for said special election shall be distributed by mail with return postage prepaid by the election official as authorized pursuant'to subdivision (d) of Section 53326 of the Government Code of the State of California. 11. The election official shall certify the proper mailing of ballots by an affidavit, which shall constitute conclusive proof of mailing. 12. The voted ballots shall be returned to the election official at the office of the City Clerk of the City of Anaheim not later than 5:00 p.m., on October 21, 2003. However, if all the qualified voters have voted, the election may be closed prior to such time and/or date upon the concurrence of the election official. Only ballots received in the office of the City Clerk by 5:00 p.m. on October 21, 2003, shall be counted. 13. That, pursuant to Elections Code Section 12310, a stipend for services for the persons named as canvassing board members is fixed at the sum of $40.00 for each Inspector and $40.00 for each Clerk for the election. 14. That the Proposition shall require the affirmative votes of two-thirds of the votes cast on said Proposition at the special election for adoption. the City of Anaheim this 22nd day of July, 2003. MAYOR OF the City Council of OF ANAHEIM ATTEST: CtfT'~/~ ~LERI~ OF THE CITY OF ANAHEIM 50400. DSMANN :i:. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2003R-154 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 22nd day of July, 2003, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Pringle, Chavez, Hernandez, McCracken NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: Tait ABSENT: MAYOR/COUNCIL MEMBERS: None ~T~' ~LERI~OF TI~E-~CITY OF ANAHEIM (SEAL.)