RES-1989-0551009--30 JHHW:PJT:c! 02 14 89 J6692
RESOLUTION NO. 8 9 l~- 5 5
A RESOLUTION CALLING SPECIAL ELECTION
Community Facilities District No. 1989-2
(The Highlands)
RESOLVED, by the City Council of the City of Anaheim (the "City") that:
WHEREAS, on this date, this City Council adopted a resolution entitled "A
Resolution of Formation of Community Facilities District No. 1989-2 (The Highlands),
Authorizing the Levy of a Special Tax Within the District, Preliminarily Establishing an
Appropriations Limit for the District and Submitting Levy of the Special Tax and the
Establishment of the Appropriations Limit to the Qualified Electors of the District" (the
"Resolution of Formation"), ordering the formation of Community Facilities District
No. 1989-2 (The Highlands) (the "District"), authorizing the levy of a special tax on
property within the District and preliminarily establishing an appropriations limit for the
District;
WHEREAS, on this date, this City Council also adopted a resolution entitled "A
Resolution Determining the Necessity to Incur Bonded Indebtedness Within Community
Facilities District No. 1989-2 (The Highlands) and Submitting Proposition to the
Qualified Electors of the District" (the "Resolution to Incur Indebtedness"), determining
the necessity to incur bonded indebtedness in the maximum aggregate principal amount
of $12,475,000 upon the security of said special tax to be levied within the District; and
WHEREAS, pursuant to the provisions of said resolutions, the propositions of the
levy of said special tax, the establishment of the appropriations limit and the incurring of
the bonded indebtedness shall be submitted to the qualified electors of the District as
required by the Mello-Roos Community Facilities Act of 1982, as amended (the "Act").
NOW THEREFORE, IT IS HEREBY ORDERED as follows:
1. Pursuant to Sections 53326, 53353.5 and 53325.7 of the Act, the issues of the
levy of said special tax, the incurring of bonded indebtedness and the establishment of
said appropriations limit shall be submitted to the qualified electors of the District at an
election called therefor as provided below.
2. As authorized by Section 53353.5 of the Act, the three propositions described
in paragraph i above shall be combined into a single ballot measure, the form of which is
attached hereto as Exhibit "A" and by this reference incorporated herein. Said form of
ballot is hereby approved.
3. This City Council hereby finds that fewer than 12 persons have been registered
to vote within the territory of the District for each of the ninety (90) days preceding the
close of the public hearings heretofore conducted and concluded by this City Council for
the purposes of these proceedings. Accordingly, and pursuant to Section 53326 of the
Act, this City Council finds that for purposes of these proceedings the qualified electors
are the landowners within the District and that the vote shall be by said landowners or
their authorized representatives, each having one vote for each acre or portion thereof
such landowner owns in the District as of the close of said public hearings.
4. This City Council hereby calls a special election to consider the measure
described in paragraph 2 above, which election shall be held immediately following
adoption of this resolution in the City Council Chambers. The City Clerk is hereby
designated as the official to conduct said election. It is hereby acknowledged that the
City Clerk has on file the Resolution of Formation, a certified map of the proposed
boundaries of the District, and a sufficient description to allow the City Clerk to
determine the boundaries of the District.
The voted ballots shall be returned to the City Clerk immediately following the
adoption of this Resolution; and when all of the qualified voters have voted, the election
shall be closed.
5. Pursuant to Section 53327 of the Act, the election shall be conducted by mail
or hand delivered ballot pursuant to Section 1340 of the California Elections Code. This
City Council hereby finds that paragraphs (a), (b), (c) (1) and (c)(3) of said Section 1340
are applicable to this special election.
6. This City Council acknowledges that the City Clerk has caused to be delivered
to each of the qualified electors of the District, prior to the date £Lxed for the election, a
ballot in the form set forth in Exhibit "A" hereto. Each ballot indicates the number of
votes to be voted by the respective landowner to which it pertains.
Each ballot was accompanied by all supplies and written instructions necessary
for the use and return of the ballot. The envelope to be used to return the ballot was
enclosed with the ballot, had the return postage prepaid, and contained the following: (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 authorized representative of the
landowner entitled to vote and is the person whose name appears on the envelope, (c) the
printed name, signature and address of the voter, (d) the date of signing and place of
execution of the declaration pursuant to 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 measures are hereby waived, as
provided in Section 53327 of the Act.
7. The City Clerk shall accept the ballots of the qualified electors in the City
Council Chambers upon and prior to the adoption of this resolution, whether said ballots
be personally delivered or received by mail. The City Clerk shall have available ballots
which may be marked at said location at the time of election by said qualified electors.
8. This City Council hereby further finds that the provision of Section 53326 of
the Act requiring a minimum of 90 days following the adoption of the Resolution of
Formation to elapse before said special election is for the protection of the qualified
electors of the District. There is on file with the City Clerk written requests executed by
each of the qualified electors of the District requesting a shortening of the time for said
special election to expedite the process of formation of the District. Accordingly, this City
Council finds and determines that each of said qualified electors have been fully apprised
of and have agreed to the shortened time for the election and have thereby been fully
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protected in these proceedings. This City Council also finds and determines that the City
Clerk has concurred in the shortened time for the election.
9. The City Clerk is hereby directed to publish in a newspaper of general
circulation circulating within the District a copy of this resolution and a copy of the
Resolution to Incur Indebtedness, as soon as practicable after the date of adoption of this
Resolution.
PASSED AND ADOPTED this 21st day of February, 1989.
ATTEST:
City Clerk
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CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 89R-55 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 21st day of February, 1989, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter
NOES:
COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 89R-55 on the 22nd day of February, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 22nd day of February, 1989.
CITY CLERK OF THE CITY OF ANAHEIM
( SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 89R-55 duly passed and adopted
by the Anaheim City Council on February 21, 1989.
CITY CLERK OF TIlE CITY OF ANAHEIM