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RES-1989-05211009 - 3(/ JHHW:PJT:ct 02,14/8~ J6688 RESOLUTION NO. 8 9 R- 5 2 A RESOLUTION DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX AUTHORIZATION Community Facilities District No. 1989-1 (Sycamore Canyon) RESOLVED, by the City Council of the City of Anaheim (the "City") that: WHEREAS, in proceedings heretofore conducted by this City Council pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), this City Council on this date adopted a resolution entitled "A Resolution Calling Special Election", calling special election of the qualified electors within Community Facilities District No. 1989-1 (Sycamore Canyon) of the City (the "District"); and WHEREAS, pursuant to the terms of said resolution, which are by this reference incorporated herein, said special election was held on this date, and the City Clerk has on file a Canvass and Statement of Results of Election, a copy of which is attached hereto as Exhibit "A"; and WHEREAS, this City Council has reviewed said canvass and hereby approves it. NOW, THEREFORE, IT IS HEREBY ORDERED as follows: 1. The issues presented at said special election were the incurring of a bonded indebtedness in the maximum aggregate principal amount of $6,710,000, the levy of a special tax within the District to be levied in accordance with the formula heretofore approved by this City Council by its resolution adopted on this date entitled "A Resolution of Formation of Community Facilities District No. 1989-1 (Sycamore Canyon), Authorizing 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", and the approval of an appropriations limit of not to exceed $100,000,000 pursuant to said resolution. 2. Pursuant to said Canvass on file with the City Clerk, the issues presented at said special election were approved by the qualified electors of the District by more than two-thirds of the votes cast at said special election. 3. Pursuant to said voter approval, the District is hereby declared to be fully formed with the authority to incur bonded indebtedness and to levy special taxes as heretofore provided in these proceedings and in the Act. 4. It is hereby found that all prior proceedings and actions taken by this City Council with respect to the District were valid and in conformity with the Act. 5. The City Clerk is hereby directed to execute and cause to be recorded in the office of the County Recorder of the County of Orange a notice of special tax lien in the form required by Section 53328.3 of the Act, said recording to occur no later than fifteen days following adoption by the City Council of this resolution. PASSED AND ADOPTED this 21st day of February, 1989. ATTEST: City Clerk -2- 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 Resolution No. 89R-52 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 21st day of February, 1989, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, 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 Resolution No. 89R-52 on the 22nd day of February, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 22nd day of February, 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 of Resolution No. 89R-52 duly passed and adopted by the Anaheim City Council on February 21, 1989. 1009-30 JHHW:PJT:ct 02 14 '89 J6689 CANVASS AND STATEMENT OF RESULT OF ELECTION CITY OF ANAHEIM Community Facilities District No. 1989-1 (Sycamore Canyon) I hereby certify that on February 21, 1989, I canvassed the returns of the election held on February 21, 1989, in the Community Facilities District No. 1989-1 (Sycamore Canyon) of the City of Anaheim and the total number of ballots cast in said District and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct: Qualified Landowner Votes Votes Cast YES NO Community Facilities District No. 1989-1 (Sycamore Canyon) of the City of Anaheim Special Tax Election, February 21, 1989. 331 / /07 0 BALLOT MEASURE: Shall the City of Anaheim incur an indebtedness and issue bonds in the maximum aggregate principal amount of $6,710,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds on behalf of Community Facilities District No. 1989-1 (Sycamore Canyon) (the "District"), the proceeds of which will be used to acquire and construct facilities within the District; shall a special tax payable solely from lands within the District be levied annually upon lands within the District to pay for the principal and interest upon such bonds and pay the costs of the City in administering the District, and shall the appropriations limit of the District be established in the amount of $100,000,0007 IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 21st day of Februray, 1989. By: City C!erk, Cirri of Anaheim EXHIBIT A CITY OF ANAHEIM Community Facilities District No. 1989-1 (Sycamore Canyon) OFFICIAL BALLOT SPECIAL TAX ELECTION This ballot is for a special landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Anaheim no later than immediately after adoption of the resolution of the City Council calling said election, either by marl or in person. The City Clerk's office is located at 200 South Anaheim Blvd., Suite 356, Anaheim, Cali£ornia, 92805. To vote, mark a cross (X) in the voting square after the word 'WES" or after the word "NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Anaheim and obtain another. BALLOT MEASURE: Shall the City of Anaheim incur an indebtedness and issue bonds in the maximum aggregate principal amount of $6,710,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds on behalf of Community Facilities District No. 1989-1 ISyeamore Canyont Ithe "District"l, the proceeds of which will be used to acquire and construct facilities within the District; shall a special tax payable solely from lands within the District be levied annually upon lands within the District to pay for the principal and interest upon such bonds and pay the costs of the City in administering the District, and shall the appropriations limit of the District be established in the amount of $100,000,0007 By execution in the space provided below, you also indicate your waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b) of the California Government Code. Number of Votes: Property Owner: A-1