RES-2006-215RESOLUTION NO. 2006-215
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)
WHEREAS, on July 11, 2006, the City Council (the "City Council") of the City of
Anaheim (the "City"), pursuant to the Mello-Roos Community Facilities Act of 1982 (the
"Act"), adopted a resolution entitled "A Resolution of the City Council of the City of Anaheim
of Intention to Establish a Community Facilities District and to Authorize the Levy of Special
Taxes" (the "Resolution of Intention"), stating its intention to form City of Anaheim Community
Facilities District No. 06-2 (Stadium Lofts) (the "Community Facilities District") and to
authorize the levy of special taxes within the Community Facilities District to finance certain
public facilities and services;
WHEREAS, on July 11, 2006, the City Council also adopted a resolution entitled "A
Resolution of the City Council of the City of Anaheim to Incur Bonded Indebtedness of the
Proposed City of Anaheim Community Facilities District No. 06-2 (Stadium Lofts)" (the
"Resolution to Incur Bonded Indebtedness") declaring the necessity for incurring bonded
indebtedness and setting the date for a public hearing to be held on the proposed debt issue;
WHEREAS, pursuant to the Resolution to Incur Bonded Indebtedness, notice of said
public hearing was published in the Anaheim Br~lletiri, a newspaper of general circulation
published in the area of the Community Facilities District, in accordance with the Act;
WHEREAS, on August 22, 2006, the City Council opened and continued said public
hearing to September 12, 2006;
WHEREAS, on September 12, 2006, the City Council conducted said public hearing;
WHEREAS, at said public hearing, the Resolution of Intention was modified so as to
eliminate the Services (as defined and described in the Resolution of Intention) and to amend the
rate and method of apportionment of special tax so as to reduce the maximum special tax for a
portion of the owners of property with the proposed Community Facilities District;
WHEREAS, at said public hearing, any person interested, including persons owning
property within the area and desiring to appear and present any matters material to the questions
set forth in the Resolution to Incur Bonded Indebtedness appeared and presented such matters;
WHEREAS, no oral or written protests against the proposed debt issue were made or
filed at or before said public hearing;
WHEREAS, on this date, the City Council adopted 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
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District and Establishing an Appropriations Limit for the District" (the "Resolution of
Formation");
WHEREAS, the City Clerk of the City (the "City Clerk") is the election official that will
conduct the special election on the proposition to incur bonded indebtedness for the Community
Facilities District;
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 said public hearing;
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;
NOW, THEREFORE, the City Council of the City of Anaheim does hereby resolve,
determine and order as follows:
Section 1. The foregoing recitals are true and correct.
Section 2. The City Council deems it necessary to incur the bonded indebtedness.
Section 3. The bonded indebtedness will be incurred for the purpose of financing the
costs 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.
Section 4. In accordance with the previous determination of the City Council, the whole
of the Community Facilities District will pay for the bonded indebtedness.
Section 5. The maximum amount of debt to be incurred is $12,000,000.
Section 6. The maximum term the bonds to be issued shall run before maturity is 40
years.
Section 7. The maximum annual rate of interest to be paid shall not exceed the
maximum interest rate permitted by applicable law at the time of sale of the bonds, payable
semiannually or at such times as the City Council or its designee shall determine, the actual rate
or rates and times of payment of such interest to be determined by the City Council or its
designee at the time or times of sale of the bonds.
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Section 8. The proposition to incur the bonded indebtedness will be submitted to the
voters.
Section 9. 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 held by the City Council on 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 10. 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), and (b)
to the holding of said election on September 12, 2006. 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 11. The date of the special community facilities district election (which shall be
consolidated with the special district election to levy a special tax within the Community
Facilities District) at which time the proposition shall be submitted to the voters is September 12,
2006.
Section 12. The election is to be conducted by mail ballot. The mailed ballots are
required to be received in the office of the City Clerk no later than 7:00 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.
Section 13. 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 14. This Resolution shall take effect immediately upon its adoption.
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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
ATTEST:
City lerk
May
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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: Calloway, 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. I2 , 2006
1 i~
ity Clerk
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