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RES-2017-153RESOLUTION NO. 201 7-1 53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM OF INTENTION TO ANNEX TERRITORY TO CITY OF ANAHEIM COMMUNITY FACILITIES DISTRICT NO. 08-1 (PLATINUM TRIANGLE) AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN WHEREAS, pursuant to the Mello -Roos Community Facilities Act of 1982 (the "Act'), the City Council (the "City Council") of the City of Anaheim (the "City") previously established City of Anaheim Community Facilities District No. 08-1 (Platinum Triangle) (the "Community Facilities District') for the purpose of financing certain public facilities; WHEREAS, the City Council has received a written petition (the "Petition") from TH Lewis Venture, LLC (the "Landowner") requesting that proceedings be instituted to annex certain property owned by the Landowner to the Community Facilities District; WHEREAS, the Landowner has represented and warranted to the City Council that the Landowner is the owner of all of the territory proposed to be annexed to the Community Facilities District (the "Additional Territory"); WHEREAS, Section 53339.2 of the Act provides that if the landowners request the legislative body to include territory within a district, the legislative body may adopt a resolution of intention to annex the territory; and WHEREAS, pursuant to the Act, the City Council is the legislative body of the Community Facilities District; 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. Section 2. The name of the existing community facilities district is City of Anaheim Community Facilities District No. 08-1 (Platinum Triangle). Section 3. The City Council proposes to annex the Additional Territory to the Community Facilities District pursuant to the Act. The existing boundaries of the territory of the Community Facilities District are described in the boundary map of the Community Facilities District recorded in the office of the County Recorder of the County of Orange in Book 92 at Pages 48-50 of Maps of Assessments and Community Facilities Districts as Instrument No. 2008-000051133. The boundaries of the territory proposed to be annexed to the Community Facilities District are described in the map showing the proposed Additional Territory ("Annexation Map No. 1") on file with the City Clerk of the City (the "City Clerk"), which boundaries are hereby preliminarily approved and to which map reference is hereby made for further particulars. The City Clerk is hereby directed to sign Annexation Map No. 1 and record, or cause to be recorded, Annexation Map No. 1 with all proper endorsements thereon in the OHSUSA:767144995.4 office of the County Recorder of the County of Orange within 15 days of the date of adoption of this Resolution, all as required by Section 3111 of the California Streets and Highways Code. Section 4. The public facilities (the "Facilities") provided pursuant to the Act in the Community Facilities District and proposed to be provided in the Additional Territory are described under the caption "Facilities" on Exhibit A to Resolution No. 2008-053, 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," adopted by the City Council on April 22, 2008 (the "Resolution of Formation"), which is by this reference incorporated herein. The Facilities will be available to and will benefit landowners within the Community Facilities District and the proposed Additional Territory without preference or priority and, as such is the case, no specific plan for sharing facilities as contemplated by Section 53339.3(c) of the Act is necessary. Section 5. Except where funds are otherwise available, a special tax sufficient to pay for all Facilities, secured by recordation of a continuing lien against all nonexempt real property in the Additional Territory, will be annually levied within the Additional Territory. The rate and method of apportionment of the special tax, in sufficient detail to allow each landowner within the proposed Additional Territory to estimate the maximum amount that he or she will have to pay, is described in Exhibit B to the Resolution of Formation, which is by this reference incorporated herein. Section 6. There will be no alteration in the special tax rate to be levied within the Community Facilities District as a result of the proposed annexation of the Additional Territory to the Community Facilities District. Section 7. The City Council hereby fixes Tuesday, December 5, 2017, at 5:30 p.m., or as soon thereafter as the City Council may reach the matter, at City Hall Council Chambers, 200 South Anaheim Boulevard, First Floor, Anaheim, California, as the time and place when and where the City Council will conduct a public hearing on the on the proposed annexation of the Additional Territory to the Community Facilities District. Section 8. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing one time in a newspaper of general circulation published in the area of the Community Facilities District and the Additional Territory. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said hearing. Said notice shall contain the information prescribed by Section 53339.4 of the Act. Section 9. 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 10. This Resolution shall take effect immediately upon its adoption 2 OHSUSA:767144995.4 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this24th day of October , 2017 by the following roll call vote: AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno,Kring, and Faessel NOES: None ABSENT: None ABSTAIN: None CITY O AHEIM By _ iX MAYOR OF THE CITY OF ANAHEIM A A CLER OF THE CITY OF ANAHEIM 124906.1 OHSUSA:767144995.4 CLERK'S CERTIFICATE CITY OF ANAHEIM COUNTY OF ORANGE STATE OF CALIFORNIA I, Theresa Bass, Acting City Clerk of the City of Anaheim, California, do hereby certify that the foregoing is a full, true and correct copy of Resolution No. 2017-153 duly adopted at a regular meeting of City Council of said City duly and regularly held at the regular meeting place thereof on October 24, 2017 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: AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel NOES: None ABSTAIN: None ABSENT: 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 the foregoing Resolution is a full, true and correct copy of the original Resolution adopted at said meeting; 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. Dated: 25th day of October, 2017 City Clerk of City of Anaheim