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2004-240 RESOLUTION NO.2004 - 240 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM PURSUANT TO SECTION 53334 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA TO CONSIDER ALTERING THE PUBLIC FACILITIES FINANCED BY COMMUNITY FACILITIES DISTRICT NO. 1989-3 (THE SUMMIT) OF THE CITY OF ANAHEIM, CALIFORNIA. WHEREAS, the City Council of the City of Anaheim (the "City Council") has heretofore established Community Facilities District No. 1989-3 (The Summit) (the "District") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Chapter 2.5 of Part I of Division 2 of Title 5, commencing at Section 53311, of the Government Code of the State of California) (the "Act"); 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, the Act provides that the City Council may at any time adopt a resolution of consideration, and fix the time and place for a hearing thereon, to consider the proposed change to the types of public facilities to be financed by the District. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: I. That the name of the area (the "Area") to which this resolution of consideration applies is Community Facilities District No. 1989-3 (The Summit) of the City of Anaheim, California. 2. That the territory included within the Area 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 hnuary 18, 1989, in Book 45, Page 49 in the Maps of Assessment and Community Facilities Districts of the Recorder of the County of Orange, California. 3. The change in public facilities which it is proposed the District finance are as follows: that 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. 1989-1 (Sycamore Canyon), may also be used by the City of Anaheim as the site of a new district gymnasium (i.e. thereby adding said real property for district gymnasium purposes to the list of authorized District facilities). 4. That no new special taxes would be levied to pay for new or existing facilities and no alteration would be made to the rate and method of apportionment of the existing special tax for the District. 5. That a hearing upon this resolution of consideration shall be held by the City Council at 5:30 p.m., or as soon thereafter as the matter may be heard, on Tuesday, January 25, 2005, in the City Council Chambers of the Anaheim Civic Center, 200 South Anaheim Boulevard, Anaheim, California. BE IT FURTHER RESOLVED that the City Clerk of the City of Anaheim is hereby ordered to give notice of the time and place of the hearing hereinabove specified in the manner set forth in Section 53335 of the Act. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 14th day of December, 2004. ATTEST: rf)~L~ ~^- qfiy CLER OF THI! CITY OF ANAHEIM 56455.1 INovember 22, 20041smann Roll Call Vote: AYES: Mayor Pringle, Council Members Sidhu, Gallo~ay, Hernandez, Chavez NOES: None ABSENT: None ABSTAIN: None 2