RES-1989-10111009-30 02/19/ J6720
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RESOLUTION NO. 8 9 R- 101
A RESOLUTION DETERMI~G TILE. NECESSITY TO INCUR BONDED
INDEBTEDNESS WITHIN COlVIMUNITY FACIIJTIES DISTRICT NO. 1989-
3 (THE SUMMIT) AND SUBMITTING PROPOSITION TO THE QUALIFIED
ELECTORS OF THE DISTRICT
Community Facilities District No. 1989-3
(The Summit)
RESOLVED, by the City Council of the City of Anaheim (the "City") that:
WHEREAS, on December 20, 1988, this City Council adopted a resolution entitled
"A Resolution of Intention to Establish a Community Facilities District and to Authorize
the Levy of Special Taxes Pursuant to the Mello-Roos Act of 1982" (the "Resolution of
Intention") stating its intention to form Community Facilities District No. 1989-3 (The
Summit) (the "District"), of the City pursuant to the Mello-Roos Community Facilities
Act of 1982, as amended, (the "Act"); and
WItEREAS, on December 20, 1988, this City Council also adopted a resolution
entitled "A Resolution of Intention to Incur Bonded Indebtedness of the Proposed
Community Facilities District No. 1989-3 (The S;~rnmit) Pursuant to the Mello-Roos
Community Facilities Act of 1982" (the "Resolution of Intention to Incur Indebtedness")
stating its intention to incur bonded indebtedness within the boundaries of the District
for the purpose of financing the costs of certain facilities and services specified in the
Resolution of Intention; and
WtIEREAS, on February 7, 1989 and continued to February 21, 1989, March 7,
1989, March 21, 1989, and further continued to this date, this City Council held a noticed
public hearing as required by the Act relative to the determination to proceed with the
formation of the District, the provision of said facilities and certain services specified in
the Resolution of Intention and the rate and method of apportionment of the special tax
to be levied within the District to pay the principal and interest on the proposed
indebtedness, the annual costs to the City of providing said services and the
administrative costs of the City relative to the District; and
WHEREAS, at said hearing all persons desiring to be heard on all matters
pertaining to the formation of the District, the provision of said facilities and services,
and the levy of the special tax on property within the District were heard and a full and
fair hearing was held; and
W//EREAS, subsequent to said hearing, this City Council adopted a resolution
entitled 'A Resolution Of Formation Of Community Facilities District No. 1989-3 (The
Summit), 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") which modified the description of said
facilities and services to be financed to be only those facilities and services listed in
Exhibit A to the Resolution of Formation (the "Facilities" and the ~Services",
respectively); and
WHEREAS, on February 7, 1989 and continued to February 21, 1989, March 7,
1989, March 21, 1989, and further continued to this date, this City Council held a noticed
public hearing as required by the Act relative to the matters material to the questions set
forth in the Resolution of Intention to Incur Indebtedness; and
WHEREAS, no written protests with respect to the matters material to the
questions set forth in the Resolution of Intention to Incur Indebtedness have been filed
with the City Clerk.
NOW, THEREFORE, IT IS HEREBY ORDERED as follows:
1. The foregoing recitals are true and correct.
2. It is necessary to incur bonded indebtedness in the maximum aggregate
principal amount of $11,500,000 within the boundaries of the District.
3. The indebtedness is incurred for the purpose of financing the costs of the
Facilities and the initial provision of the Services, as provided in the Resolution of
Formation including, but not limited to, the costs of issuing and selling bonds to finance
the Facilities and the initial provision of the Services and the initial costs of the City in
administering the District.
4. The whole of the District shall pay for the bonded indebtedness through the
levy of the special tax. The tax is to be apportioned in accordance with the formula set
forth in Exhibit "B" to the Resolution of Formation.
5. The maximum amount of bonded indebtedness to be incurred is $11,500,000
and the maximura term of the bonds to be issued shall in no event exceed forty (40)
years.
6. The bonds shall bear interest at rate or rates not to exceed the maximum
interest rate permitted by applicable law at the time of sale of the bonds, payable
semiannually or in such other manner as this City Council or its designee shall
determine, the actual rate or rates and times of payment of such interest to be
determined by this City Council or its designee at the time or times of sale of said bonds.
7. The proposition of incurring the bonded indebtedness herein authorized shall
be submitted to the qualified electors of the District and shall be consolidated with
elections on the proposition of levying special taxes within the District and the
establishment of an appropriations limit for the District pursuant to Section 53353.5 of
the Act. The time, place and conditions of said election shall be as specified by separate
resolution of this City Council.
-2-
PASSED AND ADOPTED this 4th day of April, 1989.
ATTEST:
City Clerk
-3-
CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
C~TY OF ANAHE~}{ )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 89R-10I was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 4th day of April, 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-101 on the 5th day of April, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 5th day of April, 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-10! duly passed and
adopted by the Anaheim City Council on April 4, 1989.
c TY CrEf ' or crr or ANAHE