94-232 RESOLUTION NO. 94R-232
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DETERMINING THAT CERTAIN
CHANGES IN THE TYPES OF FACILITIES TO BE
FINANCED BY COMMUNITY FACILITIES DISTRICT
NO. 1989-3 (THE SUMMIT) ARE LAWFULLY
AUTHORIZED PURSUANT TO SECTION 53338 OF
THE GOVERNMENT CODE OF THE STATE OF
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 1 of Division 2 of Title 5, commencing at Section
53311, of the Government Code of the State of California) (the
"Act"); and
WHEREAS, the territory within said District 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 on January 18, 1989,
in Book 45, Page 49 in the Maps of Assessments and Community
Facilities Districts of the Recorder of the County of Orange,
California; and
WHEREAS, pursuant to Section 53332 of the Act, a
petition signed by not less than 25 percent of the registered
voters residing within the District (the "Petition") was filed
with the City Council on April 25, 1994, requesting that
proceedings be commenced to change the types of public facilities
to be financed by the District; and
WHEREAS, on May 3, 1994, the City Council did adopt its
Resolution No. 94R-74 fixing the time and place for a hearing to
consider the requested changes set forth in the Petition; and
WHEREAS, notice of said hearing was given by the City
Clerk in the manner required by law; and
WHEREAS, on June 7, 1994, the City Council duly
conducted said hearing and received and considered all evidence
and testimony offered at said hearing, including all oral and
written protests against the proposal described in Resolution No.
94R-74 which were filed with the City Clerk on or before the time
fixed for said hearing; and
WHEREAS, upon the completion of said hearing, the City
Council adopted its Resolution No. 94R-94 calling a special
election of the qualified electors within said District pursuant
to Section 53338 of the Government Code to consider the following
proposition (the "Proposition"):
Shall all unexpended funds of Community
Facilities District No. 1989-3 (the Summit)
previously designated to finance the Santa YES
Ana Canyon Road widening from Imperial Highway
to Bauer Ranch be reallocated and redesignated,
together with funds previously allocated for NO
such purpose, to finance the Police Sub-Station
facility?
WHEREAS, the special election on said Proposition was
conducted by mail on September 9, 1994, pursuant to all
applicable provisions of the Elections Code of the State of
California, and the results of said special election have been
duly canvassed as required by law; and
WHEREAS, at least two-thirds of the votes cast on the
aforesaid Proposition were in favor of the proposed change as
described in said Proposition.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that:
1. The City Council hereby determines that the
proposed changes as set forth in said Proposition are lawfully
authorized.
2. This resolution shall constitute the resolution of
change described in, and required pursuant to, Section 53338 of
the Government Code.
3. All unexpended funds of Community Facilities
District No. 1989-3 (The Summit) previously designated to finance
the Santa Ana Canyon Road widening from Imperial Highway to Bauer
Ranch are hereby reallocated and redesignated, together with
funds previously allocated for such purpose, to finance the
Police Sub-Station facility.
4. The city Clerk shall record notice of the
aforesaid changes pursuant to Section 3117.5 of the Streets and
Highways Code.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 20thday of SeDtember ,
1994.
CITY CLERK OF THE CITY OF ANAHEIM
8645.1\J~HITE\Septembbr 9, 1994
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution
No. 94R-232 was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 20th day of September. 1994, by the following vote o1~ the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Pickler,, Hunter, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Simpson
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-232 on
the 21st day of September, 1994.
iN WITNESS WHEREOF, I have hereunto sel my hand and affixed the official seal of the City of Anaheim
this 21th day of September, 1994.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original
of Resolution No. 94R-232 was duly passed and adopted by the City Council of the City of Anaheim on
September 20, 1994.
CITY CLERK OF THE CITY OF ANAHEIM