94-094 RESOLUTION NO. 94R-94
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM CALLING A SPECIAL ELECTION
OF THE QUALIFIED ELECTORS RESIDING WITHIN
THE TERRITORY OF COMMUNITY FACILITIES
DISTRICT NO. 1989-3 (THE SUMMIT) PURSUANT
TO SECTION 53338 OF THE GOVERNMENT CODE OF
THE STATE OF CALIFORNIA TO CONSIDER
CHANGING THE TYPES OF PUBLIC FACILITIES
TO BE FINANCED BY SAID DISTRICT.
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, the City Council hereby finds that:
(a) at least 12 persons have been registered to
vote within the District for each of the 90 days preceding
the close of the protest hearing; and
(b) less than 50 percent of the registered voters
residing within the territory in the District, and the
owners of less than one-half of the area of the land in the
territory included in the District and not exempt from the
special tax filed written protests against changing the
public facilities financed by the District as described in
Resolution No. 94R-74; and
WHEREAS, the City Council desires to submit the
question of changing the types of facilities to be financed by
the District as described in Resolution No. 94R-74 to the
qualified electors of the District in accordance with the
provisions of Section 53338 of the Government Code of the State
of California.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim as follows:
1. That the foregoing recitals are true and correct.
2. That all oral and written protests filed against
the proposal to change the public facilities financed by the
District as described in Resolution No. 94R-74 are hereby
overruled.
3. That all prior proceedings taken by this City
Council in connection with the proposed change of public
facilities to be financed by the District have been duly
considered and are hereby found and determined to be valid and in
conformity with the Act. Any defects in said proceedings are
hereby waived and corrected.
4. That the City Council does hereby call a special
election of the qualified electors within said District 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?
5. That the vote at said special election upon the
Proposition shall be by the registered voters residing within the
territory of the District with each voter having one vote.
6. That the City Clerk is hereby designated as the
election official for purposes of conducting said special
election.
7. The election official shall provide ballots and
election materials in the manner required pursuant to Section
53327.5 of the Government Code of the State of California, and as
may otherwise be required by law.
8. There shall be prepared and included in the ballot
materials provided to each voter, an impartial analysis prepared
by the City Attorney, and arguments and rebuttals, if any,
pursuant to Sections 5012 to 5016, inclusive, and Section 5025 of
the Elections Code of the State of California.
9. That ballots for said special election shall be
distributed by mail with return postage prepaid by the election
official as authorized pursuant to subdivision (d) of Section
53326 of the Government Code of the State of California.
10. The election official shall certify the proper
mailing of ballots by an affidavit, which shall constitute
conclusive proof of mailing.
11. The voted ballots shall be returned to the
election official at the office of the City Clerk of the City of
Anaheim not later than 5:00 p.m., on September 9, 1994. However,
if all the qualified voters have voted, the election may be
closed prior to such time and/or date upon the concurrence of the
election official. Only ballots received in the office of the
City Clerk by 5:00 p.m. on September 9, 1994, shall be counted.
12. That the Proposition shall require the affirmative
votes of two-thirds of the votes cast on said Proposition at the
special election for adoption.
THE FOREGOING RESOLUTION is approved and adopted by the
Anaheim this 7th da~ of June, 1994.
City Council of the City of ~'~R~/~E~F
MAY ANAHEIM
ATT E S/~: 3
CITY CLERK OF THE CITY OF ANAHEIM
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-94 was introduced and adopted at a regular meeting provided by law, of the Anaheim City
Council held on the 7th day of June, 1994, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-94
on the 8th day of June, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 8th day of June, 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-94 was duly passed and adopted by the City Council of the City of
Anaheim on June 7, 1994.
CITY CLERK OF THE CITY OF ANAHEIM