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RES-2006-217RESOLUTION NO. 2oob_217 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN WHEREAS, on September 12, 2006, the City Council (the "City Council") of the City of Anaheim (the "City") adopted, pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act"), a resolution entitled "A Resolution of the City Council of the City of Anaheim Calling Special Election for City of Anaheim Community Facilities District No. 06-2 (Stadium Lofts}" (the "Resolution Calling Election"), calling for a special election of the qualified electors within City of Anaheim Community Facilities District No. 06-2 (Stadium Lofts) (the "Community Facilities District"); WHEREAS, pursuant to the terms of the Resolution Calling Election and the provisions of the Act, the special election was held on September 12, 2006; and WHEREAS, the City Clerk of the City (the "City Clerk") has certified the canvass of the returns of the election and has filed a Canvass and Statement of Results of Election (the "Canvass"), a copy of which is attached hereto as Exhibit A. NOW, THEREFORE, the City Council of the City of Anaheim does hereby resolve, determine and order as follows: Section 1. The City Council has received, reviewed and hereby accepts the Canvass. Section 2. The City Council hereby finds and declares that the ballot proposition submitted to the qualified electors of the Community Facilities District pursuant to the Resolution Calling Election has been passed and approved by such electors in accordance with Section 53328(a), Section 53355 and Section 53325.7 of the Act. Section 3. The City Clerk is hereby directed to execute and cause to be recorded in the office of the County Recorder of Orange County a notice of special tax lien in the form required by the Act, said recording to occur no later than 15 days following adoption by the City Council of this Resolution. Section ~. 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 5. This Resolution shall take effect immediately upon its adoption. OHS West:2fi006d030.2 PASSED AND ADOPTED by the City Council of the City of Anaheim on September 12, 2006. AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez NOES: None ABSENT: None ABSTAIN: None Mayor ATTEST: City Clerk OHS ~1'est:2600fi41130.2 2 EXHIBIT A CANVASS AND STATEMENT OF RESULTS OF ELECTION CITY OF ANAHEIM COMMUNITY FACILITIES DISTRICT N0.46-2 (STADIUM LOFTS} I hereby certify that on September 12, 2006, I canvassed the returns of the special election held on September 12, 2006 for City of Anaheim Community Facilities District No. 06-2 (Stadium Lofts), that the total number of ballots cast in said Community Facilities District and the total number of votes cast for and against the proposition are as follows and that the totals as shown for and against the proposition are true and correct: Qualified Landowner Votes Votes Cast YES NO City of Anaheim Community Facilities District No. 06-2 (Stadium One One X Lofts) Special Election, September 12, 2006 PROPOSITION: Shall City of Anaheim Community Facilities District No. 06-2 (Stadium Lofts} (the "Community Facilities District") be authorized to incur bonded indebtedness in a maximum amount of not to exceed $12,000,000 and to levy a special tax in order to finance certain facilities and shall the annual appropriations limit of the Community Facilities District be established in the amount of $12,000,000, all as specified in the Resolution entitled "A Resolution of the City Council of the City of Anaheim of Formation of City of Anaheim Community Facilities District No. 06-2 (Stadium Lofts), Authorizing the Levy of a Special Tax within the District and Establishing an Appropriations Limit for the District" and the Resolution entitled "A Resolution of the City Council of the City of Anaheim Deeming It Necessary to Incur Bonded Indebtedness within City of Anaheim Community Facilities District No. Q6-2 (Stadium Lofts)," adopted by the City Council of the Ciry of Anaheim on September 12, 2006? IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of September, 2006. heryll Schroeder, City Clerk of the City of Anaheim OHS ~Vest:26U116.1030.2 CLERK'S CERTIFICATE STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM I, Sheryll Schroeder, City Clerk 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 Ciry duly and regularly held at the regular meeting place thereof on September 12, 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: Galloway, Chavez, Sidhu, Hernandez, Mayor Pringle NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 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 correct 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: Sept. 12 , 2006 i City Clerk OHS WesL•2600fi41130.3