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501211009-30 JHI3W:PJ1`.ceg ORDINANCE NO. 5012 02/19/89 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO. 1989-3 (THE SUAI IIT) CITY OF ANAHEIM Community Facilities District No. 1989-3 (The Summit) J6723 WHEREAS, on December 20, 1988, this City Council adopted a resolution entitled "A Resolution of Intention to Establish a Community Facilities District and to Authorize the Levy of a Special Tax Pursuant to the Mello -Roos Community Facilities Act of 1982" stating its intention to establish Community Facilities District No. 1989-3 (The Summit) (the "District") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the "Act"), to finance the acquisition of certain facilities (the "Facilities") and the costs of certain services (the "Services"); WHEREAS, notice was published as required by the Act relative to the intention of this City Council to form the District and to provide for the Facilities and Services within the boundaries of the District; WHEREAS, this City Council has held a noticed public hearing as required by Act relative to the determination to proceed with the formation of the District and the rate and method of apportionment of the special tax to be levied within the District to finance a portion of the costs of the Facilities and Services; WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of the District and the levy of said special taxes were heard, substantial evidence was presented and considered by this City Council and a full and fair hearing was held; WHEREAS, subsequent to said hearing, this City Council adopted resolutions entitled "A Resolution of Formation of Community Facilities District No. 1989-3 (The Summit), Authorizing the Levy of a Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for the District and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors of the District" (the "Resolution of Formation"), "A Resolution Determining the Necessity to Incur Bonded Indebtedness Within Community Facilities District No. 1989-3 (The Summit) and Submitting Proposition to the Qualified Electors of the District" and "A Resolution Calling Special Election" (the "Resolution of Necessity"), which resolutions established the District, authorized the levy of a special tax with the District, and called an election within the District on the proposition of incurring indebtedness, levying a special tax and establishing an appropriations limit within the District, respectively; and WHEREAS, on this date an election was held within the District in which the eligible landowner electors approved said propositions by more than the two-thirds vote required by the Act. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDAINS as follows: 1. By the passage of this Ordinance this City Council hereby authorizes and levies special taxes within the District pursuant to California Government Code Sections 53328 and 53340, at the rate and in accordance with the formula set forth in the Resolution of Formation which Resolution is by this reference incorporated herein. The special taxes are hereby levied commencing in fiscal year 1990-91 and in each fiscal year thereafter until payment in full of any bonds issued by the City of Anaheim for the District (the "Bonds"), as contemplated by the Resolution of Formation and the Resolution of Necessity, and all costs of providing services within and of administering the District. 2. The Finance Director of the City is hereby authorized and directed each fiscal year to determine the specific special tax rate and amount to be levied for the next ensuing fiscal year for each parcel of real property within the District, in the manner and as provided in the Resolution of Formation. 3. Properties or entities of the State, federal or local governments shall be exempt from any levy of the special taxes. In no event shall the special taxes be levied on any parcel within the District in excess of the maximum tax specified in the Resolution of Formation. 4. All of the collections of the special tax shall be used as provided for in the Act and in the Resolution of Formation including, but not limited to, the payment of principal and interest on the Bonds, the replenishment of the reserve fund for the Bonds, the payment of the costs of services to be rendered by the District, the payment of the costs of the City in administering the District and the costs of collecting and administering the special tax. 5. The special taxes shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes. In addition, the provisions of Section 53356.1 of the Act shall apply to delinquent special tax payments. The Finance Director of the City is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Orange in order to effect proper billing and collection of the special tax, so that the special tax shall be included on the secured property tax roll of the County of Orange for fiscal year 1990-91 and for each fiscal year thereafter until the Bonds are paid in full. 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 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 District, shall not be affected. 7. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated in the City. 8. This Ordinance relating to the levy of the special tax shall take effect 3.0 days from the date of final passage. -2- PASSED AND ADOPTED this 11 th day of April, 1989. mr.-V - M - - .G. �/=r AI'TEST: City Clerk -3- CLERK 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 Ordinance No. 5012 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 4th day of April, 1989, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 11th day of April, 1989, by the following vote of the members thereof: p��„ '4 _4a'�9 Daly ,/� AYES: COUNCIL MEMBERS: Ehrle, Pickler and Hunter NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5012 on the 12th day of April, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 12th day of April, 1989. 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 Ordinance No. 5012 and was published once in the Anaheim Bulletin on the 21st day of April, 1989. �),( se-)� CITY CLERK OF THE CITY OF ANAHEIM