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88-438RESOLUTION NO. A RESOLUTION OF INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED COMMUNITY FACILITIES DISTRICT NO. 1989-2 (THE HIGHLANDS) PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 Community Facilities District No. 1989-2 (The Highlands) RESOLVED by the City Council of the City of Anaheim (the "City") that: WHEREAS, this City Council has this date adopted its Resolution entitled "A Resolution of Intention to Establish a Coramunity Facilities District and To Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982", stating its intention to form a community facilities district pursuant to the Mello-Roos Community Facilities Act of 1982. as amended (the "Act"), Chapter 2.5 of Part i of Division 2 of Title 5 of the California Government Code, for the purpose of financing the acquisition and/or construction of certain public improvements (the "Facilities") and the provision of certain services (the 'Services"), as further provided in said Resolution; and WHEREAS, this City Conncil estimates the amount required for the financing of the acquisition and/or construction of the Facilities and the initial provision of the Services to be the sum of $17,500,000; and WHEREAS, in order to finance said Facilities and the initial provision of said Services it is necessary to incur bonded indebtedness in the amount of $24,500,000; NOW, THEREFORE, IT IS HEREBY ORDERED as follows: 1. It is necessary to incur bonded indebtedness within the boundaries of the proposed Community Facilities District No. 1989-2 (The Highlands) (the "District") in the amount of $24,500,000 to finance the costs of the Facilities and the initial provision of the Services. 2. The bonded indebtedness is proposed to be incurred for the purpose of financing the costs of the acquisition of the Facilities and the initial provision of the Services, including acquisition costs and all costs incidental to or connected with the accomplishment of said purposes and of the financing thereof, as permitted by Section 53345.3 of the Act. 3. This City Council, acting as legislative body for the District, intends to authorize the issuance and sale of bonds in the maximum aggregate principal amount of not to exceed $24,500,000, bearing interest payable semi annually or in such other manner as this City Council shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and maturing not to exceed 40 years from the date of the issuance of said bonds. 4. Tuesday. February 7. 1989. at 7:30 p.m.. in the regular meeting place of this City Council Council Chambers. City Hall. 200 South Anaheim Boulevard~ Anaheim, Californim be. and the same are hereby appointed and fixed as the time and place when and where this City Council. as legislative body for the District. will conduct a public hearing on the proposed debi issue and consider and finally determine whether the public interest, convenience and necessity require the issuance of bonds of the City for the District. 5. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation circulated within the District. The publication of said notice shall be completed at least seven (7) days before the date herein set for said public hearing. Said notice shall substantially in the form of Exhibit A hereto. PASSED AND ADOPTED this 20th day of December, 1988. ATTEST: City Clerk -2- CLERK STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM SS. I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 89R-438 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 20th day of December, 1988, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 89R-438 on the 13th day of January, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 13th day of January, 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-438 duly passed and adopted by the Anaheim City Council on December 20, 1988. CITY CLERK OF THE CITY OF A2~Ah~EIM EXHIBIT A NOTICE OF PUBLIC HEARING CITY OF ANAHEIM Community Facilities District No. 1989-2 (The Highlands) Notice is hereby given that on December 20, 1988, the City Council of the City of Anaheim adopted a Resolution entitled 'A Resolution of Intention To Incur Bonded Indebtedness of the Proposed Community Facilities District No. 1989-2 (The Highlands) Pursuant To The Mello-Roos Community Facilities Act Of 1982". Pursuant to the Mello- Roos Community Facilities Act of 1982 (the "Act") the City Council hereby gives notice as follows: A. The text of said Resolution is as follows: RESOLVED by the City Council of the City of Anaheim (the "City") that: WHEREAS, this City Council has this date adopted its 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 Community Facilities Act of 1982", stating its intention to form a community facilities district pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), Chapter 2.5 of Part I of Division 2 of Title 5 of the California Government Code, for the purpose of financing the acquisition and/or construction of certain public improvements (the "Facilities") and the provision of certain services (the "Services"), as further provided in said Resolution; and WHEREAS, this City Council estimates the amount required for the financing of the acquisition and/or construction of the Facilities and the initial provision of the Services to be the sum of $17,500,000; and WHEREAS, in order to finance said Facilities and the initial provision of said Services it is necessary to incur bonded indebtedness in the amount of $24,500,000; NOW, THEREFORE, IT IS HEREBY ORDERED as follows: 1. It is necessary to incur bonded indebtedness within the boundaries of the proposed Community Facilities District No. 1989-2 (The Highlands) (the "District") in the amount of $24,500,000 to finance the costs of the Facilities and the initial provision of the Services. 2. The bonded indebtedness is proposed to be incurred for the purpose of financing the costs of the acquisition of the Facilities and the A-1 initial provision of the Services, including acquisition costs and all costs incidental to or connected with the accomplishment of said purposes and of the financing thereof, as permitted by Section 53345.3 of the Act. 3. This City Council, acting as legislative body for the District, intends to authorize the issuance and sale of bonds in the maximum aggregate principal amount of not to exceed $24,500,000, bearing interest payable semi-annually or in such other manner as this City Council shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and maturing not to exceed 40 years from the date of the issuance of said bonds. 4. Tuesday, February 7, 1989, at 7:30 p.m., in the regular meeting place of this City Council, Council Chambers, City Hall, 200 South Anaheim Boulevard, Anaheim, California, be, and the same are hereby appointed and fixed as the time and place when and where this City Council, as legislative body for the District, will conduct a public hearing on the proposed debt issue and consider and finally determine whether the public interest, convenience and necessity require the issuance of bonds of the City for the District. 5. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation circulated within the District. The publication of said notice shall be completed at least seven (7) days before the date herein set for said public hearing. Said notice shall substantially in the form of Exhibit A hereto. B. The hearing referred to in the aforesaid Resolution shall be at the time and place specified in said Resolution. C. At that time and place any person interested, including persons owning property in the area of the proposed community facilities district, will be heard upon the proposed debt issue. Dated: 989 /s/ City Clerk City of Anaheim A1