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RES-2008-056OHS West:260382606.1 41993 -22 GH1 RESOLUTION NO. 2008 -056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE EXECUTION AND DELIVERY OF A JOINT COMMUNITY FACILITIES AGREEMENT WHEREAS, the City Council (the "City Council") of the City of Anaheim (the "City has instituted proceedings under the Mello -Roos Community Facilities Act of 1982 (the "Act to establish City of Anaheim Community Facilities District No. 08 -1 (Platinum Triangle) (the "Community Facilities District to authorize the levy of special taxes (the "Special Taxes upon the land within the Community Facilities District and to issue bonds (the "Bonds secured by the Special Taxes, the proceeds of which are to be used to finance certain public facilities; WHEREAS, the facilities proposed to be financed by the Community Facilities District include certain facilities to be owned and operated by the City and certain facilities (the "Orange Facilities to be owned and operated by the City of Orange "Orange WHEREAS, Section 53316.2 of the Act provides that a community facilities district may finance facilities to be owned or operated by a public agency other than the agency that created the community facilities district only pursuant to a joint community facilities agreement or a joint exercise of powers agreement adopted pursuant to said Section; WHEREAS, Section 53316.2 of the Act further provides that at any time prior to the adoption of the resolution of formation creating a community facilities district or a resolution of change to alter a district, or a resolution or resolutions authorizing issuance of bonds pursuant to Section 53356 of the Act, the legislative bodies of two or more local agencies may enter into a joint community facilities agreement pursuant to said Section and Sections 53316.4 and 53316.6 of the Act to exercise any power authorized by the Act with respect to the community facilities district being created if the legislative body of each entity adopts a resolution declaring that such a joint agreement would be beneficial to the residents of that entity; WHEREAS, there has been presented to this meeting a form of Joint Community Facilities Agreement by and between the City and Orange that provides for the financing of the Orange Facilities through the issuance of Bonds by the Community Facilities District (such Joint Community Facilities Agreement, in the form presented to this meeting, with such changes, insertions and omissions as are made pursuant to this Resolution, being referred to herein as the "Joint Community Facilities Agreement and WHEREAS, the City Council desires to authorize the execution and delivery of the Joint Community Facilities Agreement; 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 and the City Council hereby so finds. Section. 2. The City Council hereby declares that the Joint Community Facilities Agreement will be beneficial to the residents of the City. Section 3. The Joint Community Facilities Agreement, in substantially the form submitted to this meeting and made a part hereof' as though set forth herein, be and the same is hereby approved. The Mayor of the City, and such other member of the City Council as the Mayor may designate, the City Manager of the City, the Finance Director of the City, the Assistant Finance Director of the City, and such other officer or employee of the City as the City Manager may designate (the "Authorized Officers are, and each of them is, hereby authorized and directed, for and in the name of the City, to execute and deliver the Joint Community Facilities Agreement in the form submitted to this meeting, with such changes, insertions and omissions as the Authorized Officer executing the same may require or approve, such requirement or approval to be conclusively evidenced by the execution of the Joint Community Facilities Agreement by such Authorized Officer. Section 4. 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 5. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City Council of the City of Anaheim on April 22, 2008 by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: OHS West260382606.1 41993 -22 GHI 2 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM Dated: April 22 2008 OHS West:260382606.1 41993 -22 GHI CLERK'S CERTIFICATE I, Linda Nguyen, 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 April 22 2008, 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: Mayor Pringle, AYES: 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 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.