RES-2006-216RESOLUTION NO. 20.06•-216
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)
WHEREAS, on this date, 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 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"
(the "Resolution of Formation"), establishing City of Anaheim Community Facilities District
No. 06-2 (Stadium Lofts) (the "Community Facilities District"), authorizing the levy of a special
tax within the Community Facilities District and establishing an appropriations limit for the
Community Facilities District;
WHEREAS, on this date, the City Council also adopted a 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. 06-2 (Stadium Lofts),"
deeming it necessary to incur bonded indebtedness in the maximum amount of $12,000,000;
WHEREAS, pursuant to the provisions of said resolutions, the propositions to incur
bonded indebtedness, to levy a special tax within the Community Facilities District and to
establish an appropriations limit for the Community Facilities District are to be submitted to the
qualified electors of the Community Facilities District as required by the Act;
WHEREAS, the City Council desires to designate the City Clerk of the City (the "City
Clerk"j as the election official for the special election provided for herein;
WHEREAS, there has been filed with the City Clerk a letter from the Registration and
Elections Department of the County of Orange indicating that 12 or more persons have not been
registered to vote within the territory of the Community Facilities District for each of the 90 days
preceding the close of the public hearings on the establishment of the Community Facilities District
and the proposed debt issue for the Community Facilities District;
WHEREAS, there has been filed with the City Clerk consents and waivers of all of the
landowners of record in the Community Facilities District waiving any time limit specified by
Section 53326 of the Act and any requirement pertaining to the conduct of said special election,
including any time limit or requirement applicable to an election pursuant to Article 5, Chapter 2.5,
Division 3, Title 5 of the Act (commencing with Section 53345 of the Act), consenting to the
holding of said special election on September 12, 2006 and waiving any impartial analysis,
arguments or rebuttals, as set forth in Sections 53326 and 53327 of the Act; and
WHEREAS, the City Clerk has concurred in said waivers and has concurred in holding said
special election on September 12, 2006;
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NOW, THEREFORE, the City Council of the City of Anaheim does hereby resolve,
determine and order as follows:
Section 1. Pursuant to Sections 53351, 53326 and 53325.7 of the Act, the propositions to
incur bonded indebtedness, to levy a special tax within the Community Facilities District and to
establish an appropriations limit for the Community Facilities District shall be submitted to the
qualified electors of the Community Facilities District at an election called therefor as provided
below.
Section 2. The City Clerk is hereby designated as the official to conduct said election.
Section 3. As authorized by Section 53353.5 of the Act, the propositions to incur bonded
indebtedness, to levy a special tax within the Community Facilities District and to establish an
appropriations limit for the Community Facilities District shall be combined into one ballot
proposition.
Section 4. The City Council hereby finds and determines that 12 or more persons have
not been registered to vote within the territory of the Community Facilities District for each of
the 90 days preceding the close of the public hearings heretofore held by the City Council on the
establishment of the Community Facilities District and the proposed debt issue for the
Community Facilities District. Accordingly, pursuant to Section 53326 of the Act, the vote shall
be by the landowners of the Community Facilities District and each landowner who is the owner
of record as of the close of said public hearings, or the authorized representative thereof, shall
have one vote for each acre or portion of an acre that he or she owns within the Community
Facilities District.
Section 5. The City Council hereby finds and determines that the qualified electors of
the Community Facilities District have unanimously consented (a) to the waiver of any time limit
specified by Section 53326 of the Act and any requirement pertaining to the conduct of said
election, including any time limit or requirement applicable to an election pursuant to Article 5,
Chapter 2.5, Division 3, Title 5 of the Act (commencing with Section 53345 of the Act), (b) to
the holding of said election on September 12, 2006, and (c) to the waiver of any impartial
analysis, arguments or rebuttals, as set forth in Sections 53326 and 53327 of the Act. The City
Council herby finds and determines that the City Clerk has concurred in said waivers and has
concurred in holding said election on September 12, 2006.
Section 6. The City Council hereby calls a special election to submit to the qualified
electors of the Community Facilities District the combined proposition to incur bonded
indebtedness, to levy a special tax within the Community Facilities District and to establish an
appropriations limit for the Community Facilities District, which election shall be held at 200
South Anaheim Boulevard, Anaheim, California, on September 12, 2006. The City Council has
caused to be provided to the City Clerk, as the official to conduct said election, the Resolution of
Formation, a certified map of sufficient scale and clarity to show the boundaries of the
Community Facilities District, and a sufficient description to allow the City Clerk to determine
the boundaries of the Community Facilities District.
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The voted ballots shall be returned to the City Clerk not later than 9:00 p.m. on
September 12, 2006; provided, however, that if all of the qualified electors have voted prior to
such time, the election may be closed with the concurrence of the City Clerk.
Section 7. Pursuant to Section 53327 of the Act, the election shall be conducted by mail
or hand-delivered ballot pursuant to Section 4000 of the California Elections Code. The City
Council hereby finds that paragraphs (a), (b), (c)(1) and (c)(3) of said Section 4000 are
applicable to this special election.
Section 8. The form of the ballot for said election is attached hereto as Exhibit A and by
this reference incorporated herein, and such form of ballot is hereby approved. The City Clerk
shall cause to be delivered to each of the qualified electors of the Community Facilities District a
ballot in said form. Each ballot shall indicate the number of votes to be voted by the respective
landowner to which it pertains.
Each ballot shall be accompanied by all supplies and written instructions necessary for
the use and return of the ballot. The identification envelope for return of the ballot shall be
enclosed with the ballot, shall have the return postage prepaid, and shall contain: (a) the name
and address of the landowner, (b} a declaration, under penalty of perjury, stating that the voter is
the owner of record or the authorized representative of the landowner entitled to vote and is the
person whose name appears on the identification envelope, {c) the printed name, signature and
address of the voter, (d) the date of signing and place of execution of the declaration described in
clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened
only by the canvassing board.
Analysis and arguments with respect to the ballot proposition are hereby waived, as
provided in Section 53327 of the Act.
Section 9. The City Clerk shall accept the ballots of the qualified electors in the office of
the City Clerk at 200 South Anaheim Boulevard, Anaheim, California, to and including 9:00
p.m. on September 12, 2006, whether said ballots be personally delivered or received by mail.
The City Clerk shall have available ballots which may be marked at said location on the election
day by said qualified electors.
Section 10. The City Council hereby determines that the facilities financed by the
Community Facilities District are necessary to meet increased demands placed upon local
agencies as a result of development occurring in the Community Facilities District.
Section 11. The specific purposes of the bonded indebtedness proposed to be incurred is
the financing of the Facilities (as defined in the Resolution of Formation}, including all costs and
estimated costs incidental to, or connected with, the accomplishment of such purpose, and the
proceeds of such bonded indebtedness shall be applied only to such specific purposes.
Upon approval of the proposition to incur bonded indebtedness, and the sale of any bonds
evidencing such indebtedness, the City Council shall take such action as may be necessary to
cause to be established an account for deposit of the proceeds of sale of the bonds. For so long
as any proceeds of the bonds remain unexpended, the Finance Director of the City shall cause to
be filed with the City Council, no later than January 1 of each year, a report stating (a) the
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amount of bond proceeds received and expended during the preceding year, and (b) the status of
any project funded or to be funded from bond proceeds. Said report may relate to the calendar
year, fiscal year, or other appropriate annual period, as the Finance Director of the City shall
determine, and may be incorporated into the annual budget, audit, or other appropriate routine
report to the City Council.
Section 12. 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 13. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Anaheim on
September I2, 2006.
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSENT: None
ABSTAIN: None
Ma or
ATTEST:
T
ity Clerk
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EXHIBIT A
OFFICIAL BALLOT
CITY OF ANAHEIM
September 12, 2006
SPECIAL ELECTION
This ballot is for a special, landowner election. The number of votes to be voted pursuant
to this ballot is 7.
INSTRUCTIONS TO VOTERS:
To vote on the proposition, mark a cross (+) or (X? in the voting square after the word "YES" or after
the word "NO". All distinguishing marks or erasures as:e forbidden and make the ballot void. If you wrongly
mark, tear, or deface this ballot, return it to the City Clerk of the City of Anaheim and obtain another.
CITY OF ANAHEIM
COMMUNITY FACILITIES DISTRICT N0.06-2
(STADIUM LOFTS)
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 Yes:
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 No:
City Council of the City of Anaheim Deeming It Necessary to Incur
Bonded Indebtedness within City of Anaheim Community Facilities
District No. 06-2 (Stadium Lofts)," adopted by the City Council of the
City of Anaheim on September 12, 2006`?
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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 City 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 , 200b
ity Clerk
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