6110ORDINANCE NO. 6110
AN ORDINANCE OF THE CITY OF ANAHEIM LEVYING
SPECIAL TAXES WITHIN CITY OF ANAHEIM
COMMUNITY FACILITIES DISTRICT NO. 08-1
(PLATINUM TRIANGLE)
WHEREAS, on January 29, 2008, the City Council (the "City Council") of the City of
Anaheim, 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" stating its
intention to establish City of Anaheim Community Facilities District No. 08-1 (Platinum
Triangle) (the "Community Facilities District") and to finance certain public facilities (the
"Facilities") setting the date for a public hearing to be held on the establishment of the
Community Facilities District;
WHEREAS, on April 22, 2008, the City Council held a noticed public hearing on the
establishment of the Community Facilities District, as required by the Act;
WHEREAS, subsequent to the close of said hearing, on April 22, 2008, the City Council
adopted resolutions entitled "A Resolution of the City Council of the City of Anaheim of
Formation of City of Anaheim Community Facilities District No. 08-1 (Platinum Triangle),
Authorizing the Levy of a Special Tax within the District and Establishing an Appropriations
Limit for the District" (the "Resolution of Formation"), "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. 08-1 (Platinum Triangle)" and "A Resolution of the City
Council of the City of Anaheim Calling Special Election for City of Anaheim Community
Facilities District No. 08-1 (Platinum Triangle)," which resolutions established the Community
Facilities District, authorized the levy of a special tax within the Community Facilities District
and called an election within the Community Facilities District on the proposition of incurring
indebtedness, levying a special tax within the Community Facilities District and establishing an
appropriations limit for the Community Facilities District, respectively; and
WHEREAS, on July 24, 2008, an election was held in which the qualified electors of the
Community Facilities District approved said proposition by more than the two-thirds vote
required by the Act;
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council hereby authorizes and levies special taxes within the
Community Facilities District pursuant to Sections 53328 and 53340 of the Act, at the rate and in
accordance with the method of apportionment set forth in Exhibit A to the Resolution of
Formation (the "Rate and Method of Apportionment"). The special taxes are hereby levied
commencing in fiscal year 2009-10 and in each fiscal year thereafter until the last fiscal year in
OHS West260382826.3
which such special taxes are authorized to be levied pursuant to the Rate and Method of
Apportionment.
Section 2. The City Council may, in accordance with subdivision (b) of Section 53340
of the Act, provide, by resolution, for the levy of the special tax in future tax years at the same
rate or at a lower rate than the rate provided by this Ordinance. In no event shall the special tax
be levied on any parcel within the Community Facilities District in excess of the maximum tax
specified therefor in the Rate and Method of Apportionment.
Section 3. The special tax shall be levied on all of the parcels in the Community
Facilities District, unless exempted by law or by the Rate and Method of Apportionment.
Section 4. The proceeds of the special tax shall only be used to pay, in whole or in part,
the cost of providing the Facilities and incidental expenses pursuant to the Act.
Section 5. The special tax shall be collected in the same manner as ordinary ad valorem
property taxes are collected and shall be subject to the same penalties and the same procedure,
sale and lien priority in the case of delinquency as is provided for ad valorem taxes, unless
another procedure is adopted by the City Council.
Section 6. If for any reason any portion of this Ordinance is found to be invalid, or if the
special tax is found inapplicable to any particular parcel within the Community Facilities
District, by a court of competent jurisdiction, the balance of this Ordinance and the application
of the special tax to the remaining parcels within the Community Facilities District shall not be
affected.
OHS West:260382826.3 2
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 5L'—day of August , 2008 and thereafter
passed and adopted at the regular meeting of said City Council held on the 12th day of
August , 2008 by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
IF PISA IV"
ATTEST:
AV
City Clerk
OHS West:260382826.3 3
CLERK'S CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ANAHEIM
I, Linda N. Andal, City Clerk of the City of Anaheim, California hereby certify that the
foregoing is a full, true and correct copy of the Ordinance introduced at a regular meeting of the
City Council of the City of Anaheim duly held on August 5, 2008, of which meeting all of the
members of said City Council had due notice and at which a majority thereof were present; and
was finally passed and adopted not less than five days thereafter on August 12 , 2008, by the
following vote:
AYES: COUNCIL MEMBERS: Mayor Pringle, council Members Hernandez, sidhu,
Galloway, Kring
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 Ordinance 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 Ordinance is a full, true and correct
copy of the original Ordinance adopted at said meeting and entered in said minutes; and that said
Ordinance has not been amended, modified or rescinded since the date of its adoption, and the
same is now in full force and effect.
Dated: August 12 , 2008
City Clerk
OHS West:260382826.3
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) SS.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
August 21, 2008
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: August 21, 2008
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-2209
PROOF OF PUBLICATION
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WHRRE^ on Jamuay 29, 2008, the 011y Council Mie "City Council,) of the City of Anaheim. purouen� to the Malb-
Roos Facilities Act of 1982 adopted �iesolution the City Council ol the
City of Anahheeim of Intention to Establish as Co munity Facilities District and to Authorize the of 8 W Taxes• stet-
ng its intention to establish City of Anaheim Community Facilities Dletrict No. p81 (PlatinumLT is (the •Communlly
Facilities District') and to finance certain public facilities (the •Facilities') setting the date for a pu C to be held
on the establishment of the Community Facilities District;
MINpISAS, on April 22, 2008, the City Council hold's noticed public hearing on the establishment of the Community
Facilities District, as required by the Act;
WNMRW whir uent to the close of said hearing on Aprii22, 2008, the City Council adopted resolutions entitled
•A Resolution of the Uf` y Council of the City of Anaheim of Formation of City of Anaheim Community Facilities District No.
08-1 (Platinum TrieV), orizing the levy of a Special Tax within the District and Estab' an Appropriations Limit
for'" District" line Resoktbon of Formation'), 'A Resolution of the City Council of the City of it Nec-
essary to Incur Bonded hxWXedness within City of Anaheim Community Facilities District No. �m T )•
ant "A Resolution of the City Council of the City of Anaheim CaN' Special Election for City of Anahekn Community Fe.
climes District No. 08.1 (.Platinum Triangle),"which resoludbns esdaY7k the Community Facilities Dim auGwraed the
levy of a special tax the CommunitFacilities District and called an election within the Community Facilities District
on the proposition of kawrdng indebtedness, lavyiria special tax within the Community Facilities District and establishing
an gg��ri_a_t�iore limit for the Community Facilities District, respectively; and
W EME , on July 24,2008, an election was held in which the qualified electors of the Community Facilities District
TME CRT OOIMIGL OF Tot CRY OF AMMMftIM DM OPAMN AS MAA M s
SEetMsn 1. The. City Council hereby authorizes and levies special taxes within the Community Facilities District pur;
suant to Sectlone 53328 and 53540 of the Act, at the rete and in accordance with the method of apportionment set forth in
ExhibitA tq the Resolution of Formation (the 'Rate and Method of Apportionment'). The special taxes are hereby levied
commencing in fiscal year 2009-10 ands each fiscal year thereafter until the last fiscal year in which such special taxes
are authorized to be levied pursuant to the Rate and Method of Apportionment.
Section Y. The City Council may m accordance with subdivision (b) of Section 53340 of the Act, provide,by resolu-
tion, for the levy of the special tax in tuWre tax years at the same rate or at a lower rate than the rate provided by this Ordi-
nance. In no event shall the special tax be lev ed of p I within the Community Facilities District in excess of the
maximum tax specified therefor 'i n the Rate and Method pA rportionment.
Section R The special tax shall be levied on all of the parcels in the Community Facilities District, unless exempted
;by law or by the Rate and Method of Apportionment.
Sootlon 4. proceeds of the epactal tax shall only be used to pay, in whole or in part, the cost of providing the Fa-
cilWasand inc II expenses pursuant to the Act.
Section a The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected
and shad be subject to the same penalties and the same procedure, sale and lien priority in the case of delinquency as is
provided for ad valorem taxes, un another procedure is adopted by the City Council
Section S. If for any reason any porton of this Ordinance is found to be invalid, off the special tax is found inapplica-
ble to any particular parcel within the Community Facilities District, by a court of comppeetteennt jurisdiction, the balance of dila
Ordinance and the application of the special tax to the remaining parcels within the Community Facilities District shall not
be affected.
THE FOREGOING ORDINANCE was introduced at a regular marling of the City Council of the City of Anaheim held on the
5th day of AAuuggust, 2008 and thereafter passed and adopted at the regular meeting of said City Council held on the 12th
day of Au ILN7 2008 by the following roll call vote:
AYES: Mayo Pringle, Council Members Hernandez, Sidhu, Galloway, Wing
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
/s/ Linda N. Andal
City Clens
/a/ Curt Pringle
Mayo -
- cLE�cs cslmFlcATt
STATE OF CAUFORNIA )
COUNTY OF ORANGE 3
CITY OF ANAHEIM
1, Linda N. Andel, City Clerk or the City of Anaheim, Cafrfomia hereby certify that the foregoing is a full, true and correct
copy of the Ordinance 8110 introduced at a regular meeting of the City Council of the City of Anaheim duty held on August
5, 2008, of which mei"—all of the members of said City Council had due notice and at which a majority thereof were
present; and was finally passed and adopted not leas than five days thereafter on August 12, 2008, by the following vote:
AYES: COUNCIL MEMBERS: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Wing
NOES: COUNGL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
Anaggeen�d�a of said meeting was posted at least 72 hours before said mestiriq at 200 South Anaheim Boulevard, Ana-
heim, CaliforrnW, a location freely accessible to members of the public, and a brief general description of said Ordinance
6110 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 Ordinance hid a full, true and correct copy of the original Ordinance at sale cling
and entered in said minutes; and that said Ordinance has not been amended, modified or rescinded sicxe the dale of ire
adoption, and the same is now in full force aid ettect.
Dated: August 12, 2008
/s/ Unda N. Andal
City clerk
Publish: Anaheim Bulletin Auoust 21.2008 25.1123 8662401