RES-1989-05611009-30 JHHW:PJT:cl 0214 89 J6693
RESOLUTION NO. 8 9 R- 5 6
A RESOLUTION DECLARING RESULTS OF SPECIAL ELECTION AND
DIRECTING RECORDING OF NOTICE OF SPECIAL TAX
AUTHORIZATION
Community Facilities District No. 1989-2
(The Highlands)
RESOLVED, by the City Council of the City of Anaheim (the "City") that:
WHEREAS, in proceedings heretofore conducted by this City Council pursuant to
the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), this City
Council on this date, adopted a resolution entitled "A Resolution Calling Special
Election", calling special election of the qualified electors within Community Facilities
District No. 1989-2 (The Highlands) of the City (the "District"); and
WHEREAS, pursuant to the terms of said resolution, which are by this reference
incorporated herein, said special election was held on this date, and the City Clerk has
on file a Canvass and Statement of Results of Election, a copy of which is attached hereto
as Exhibit "A"; and
WHEREAS, this City Council has reviewed said canvass and hereby approves it.
NOW, THEREFORE, IT IS HEREBY ORDERED as follows:
1. The issues presented at said special election were the incurring of a bonded
indebtedness in the maximum aggregate principal amount of $12,475,000, the levy of a
special tax within the District to be levied in accordance with the formula heretofore
approved by this City Council by its resolution adopted on this date entitled "A
Resolution of Formation of Community Facilities District No. 1989-2 (The Highlands),
Authorizing 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", and
the approval of an appropriations limit of not to exceed $100,000,000 pursuant to said
resolution.
2. Pursuant to said Canvass on file with the City Clerk, the issues presented at
said special election were approved by the qualified electors of the District by more than
two-thirds of the votes cast at said special election.
3. Pursuant to said voter approval, the District is hereby declared to be fully
formed with the authority to incur bonded indebtedness and to levy special taxes as
heretofore provided in these proceedings and in the Act.
4. It is hereby found that all prior proceedings and actions taken by this City
Council with respect to the District were valid and in conformity with the Act.
5. The City Clerk is hereby directed to execute and cause to be recorded in the
office of the County Recorder of the County of Orange a notice of special tax lien in the
form required by Section 53328.3 of the Act, said recording to occur no later than fifteen
days following adoption by the City Council of this resolution.
PASSED AND ADOPTED this 21st day of February, 1989.
ATTEST:
City Clerk
-2-
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-56 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, and Hunter
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 89R-56 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-56 duly passed and adopted
by the Anaheim City Council on February 21, 1989.
CITY CLERK OF THE CITY OF EIM
11009-- 30 JHHW:PJT:ct 0214A J6694
CANVASS AND STATEMENT OF RESULT OF ELECTION
CITY OF ANAHEIM
Community Facilities District No. 1989-2
(The Highlands)
I hereby certify that on February 21, 1989, I canvassed the returns of the election
held on February 21, 1989, in the Community Facilities District No. 1989-2 (The
Highlands) of the City of Anaheim and the total number of ballots cast in said District
and the total number of votes cast for and against the measure are as follows and the
totals as shown for and against the measure are full, true and correct:
Qualified
Landowner Votes
Votes Cast
YES NO
Community Facilities District No.
1989-2 (The Highlands) of the City of
Anaheim Special Tax Election,
February 21, 1989.
BALLOT MEASURE: Shall the City of Anaheim incur an
indebtedness and issue bonds in the maximum aggregate principal
amount of $12,475,000, with interest at a rate or rates not to exceed
the maximum interest rate permitted by law at the time of sale of
such bonds on behalf of Community Facilities District No. 1989-2
(The Highlands) (the "District"), the proceeds of which will be used to
acquire and construct facilities and provide for the initial cost of
police and fire services within the District; shall a special tax payable
solely from lands within the District be levied annually upon lands
within the District to pay for the principal and interest upon such
bonds, provide for the cost of police and fire services within the
District and pay the costs of the City in administering the District,
and shah the appropriations limit of the District be established in the
amount of $100,000,0007
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 21st day of
February, 1989.
By:
City Clerk, City of Anaheim
EXHIBIT A
CITY OF ANAHEIM
Community Facilities District No. 1989-2
(The Highlands)
OFFICIAL BALLOT
SPECIAL TAX ELECTION
This ballot is for a special landowner election. You must return this ballot in the
enclosed postage paid envelope to the office of the City Clerk of the City of Anaheim no
later than immediately after adoption of the resolution of the City Council calling said
election, either by marl or in person. The City Clerk's office is located at 200 South
Anaheim Blvd., Suite 356, Anaheim, California, 92805.
To vote, mark a cross (X) in the voting square after the word 'WES" or after the
word "NO'~. All marks otherwise made are forbidden. All distinguishing marks 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.
BALLOT MEASURE: Shall the City of Anaheim
incur an indebtedness and issue bonds in the maximum
aggregate principal amount of $12,475,000, with interest at
a rate or rates not to exceed the maximum interest rate
permitted by law at the time of sale of such bonds on behalf
of Community Facilities District No. 1989-2 (The
Highlands/ Ithe '~Districtt'~, the proceeds of which will be
used to acquire and construct facilities and provide for the
initial costs of police and fire services within the District;
shall a special tax payable solely from lands within the
District be levied annually upon lands within the District to
pay for the principal and interest upon such bonds, provide
for the cost of police and fire services within the District and
pay the costs of the City in administering the District, and
shall the appropriations limit of the District be established in
the amount of $100,000,0007
By execution in the space provided below, you also indicate your waiver of the
time limit pertaining to the conduct of the election and any requirement for analysis and
arguments with respect to the ballot measure, as such waivers are described and
permitted by Section 53326(a) and 53327(b) of the California Government Code.
Number of Votes:
Property Owner:
A-1