RES-2006-155RESOLUTION NO. 2006-155
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ADOPTING LOCAL GOALS AND
POLICIES CONCERNING THE USE OF THE MELLO-
ROOS COMMUNITY FACILITIES ACT OF 1982 AND
APPROVING A FORM DEPOSIT AND REIMBURSEMENT
AGREEMENT
WHEREAS, Section 53312.7(a) of the California Government Code provides that a local
agency may initiate proceedings to establish a communities facilities district pursuant to the
Mello-Roos Community Facilities Act of 1982 (the "Act") only if it has first considered and
adopted local goals and policies concerning the use of the Act;
WHEREAS, the City Council (the "City Council") of the City of Anaheim (the "City")
has determined that the City may, from time to time, desire to initiate proceedings to establish a
community facilities district under the Act;
WHEREAS, the City Council has considered local goals and policies concerning the use
of the Act;
WHEREAS, there has been presented to this meeting a compilation of such goals and
policies entitled the "City of Anaheim Mello-Roos Community Facilities Act of 1982 Local
Goals and Policies" (the "Goals and Policies");
WHEREAS, the City Council desires to adopt the Goals and Policies as the City's local
goals and policies concerning the use of the Act;
WHEREAS, the Goals and Policies provide that the costs of the proceedings for a
community facilities district financing initiated by petition of landowners are to be borne by the
petitioners and that no action will be taken on any petition unless and until a deposit of funds is
made by the petitioners with the City, and the Goals and Policies generally describe the manner
in which such deposits are to be held, increased, applied, repaid and returned;
WHEREAS, the City desires to provide a form of Deposit and Reimbursement
Agreement, to be entered into by the City and each such petitioner, containing specific provisions
relating to the manner in which such deposits are to be held, increased, applied, repaid and
returned, and containing the provisions required under the Act to be specified therein in order to
authorize the repayment of such deposits; and
WHEREAS, such a form of Deposit and Reimbursement Agreement has been presented
to this meeting (such form of Deposit and Reimbursement Agreement, in the form presented to
this meeting, with such changes, insertions and omissions as are made pursuant to this
Resolution, being referred to herein as the "Deposit and Reimbursement Agreement");
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NOW, THEREFORE, the City Council of the City of Anaheim does hereby resolve,
determine and order as follows:
Section 1. The City Council hereby adopts the Goals and Policies as the City's local
goals and policies concerning the use of the Act.
Section 2. The Deposit and Reimbursement Agreement, in substantially the form
submitted to this meeting and made a part hereof as though set forth herein, is hereby approved.
The City shall enter into a Deposit and Reimbursement Agreement with each petitioner initiating
proceedings under the Act to establish a community facilities district. The Finance Director of
the City, and such other officers of the City as the Finance Director may designate (the
"Authorized Officers"), are, and each of them is, hereby authorized and directed, for and in the
name and on behalf of the City, to execute and deliver such a Deposit and Reimbursement
Agreement, substantially in the form submitted to this meeting, with such changes, insertions and
omissions as are necessary to describe the petitioner entering into such Deposit and
Reimbursement Agreement, the deposit being made in connection therewith and the community
facilities district proposed to be established, and with such additional changes, insertions and
omissions as the Authorized Officer executing the same may require or approve, such
requirement or approval to be conclusively evidenced by the execution of the Deposit and
Reimbursement Agreement by such Authorized Officer.
Section 3. The officers, employees and agents of the City are hereby authorized and
directed to take all actions and do all things which they, or any of them, may deem necessary or
desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions
hereof.
Section 2. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Anaheim on July
11, 2006.
Mayor
ATTEST:
. ity Clerk
AYES: Mayor Priagle, Council Members Sidhu, Hernaadez,.G~lloway,.Chavez
NOES: None
ABSTAIN: Noae
ABSENT: None
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CLERK'S CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ANAHEIM
Sc pe
I, Sheryil , ~ity erk of the City of Anaheim, California hereby certify that the
foregoing is a full, true and correct copy of a Resolution duly adopted at a regular meeting of the
City Council of said City duly and regularly held at the regular meeting place thereof on July 11,
2006, of which meeting all of the members of said City Council had due notice and at which a
majority thereof were present; and that at said meeting said Resolution was adopted by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
An agenda of said meeting was posted at least 72 hours before said meeting at 200 South
Anaheim Boulevard, Anaheim, California, a location freely accessible to members of the public,
and a brief general description of said Resolution appeared on said agenda.
I further certify that I have carefully compared the same with the original minutes of said
meeting on file and of record in my office; that the foregoing Resolution is a full, true and convect
copy of the original Resolution adopted at said meeting and entered in said minutes; and that said
Resolution has not been amended, modified or rescinded since the date of its adoption, and the
same is now in full force and effect.
Dated: July 11 , 2006
City Clerk
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