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RES-1989-0551009--30 JHHW:PJT:c! 02 14 89 J6692 RESOLUTION NO. 8 9 l~- 5 5 A RESOLUTION CALLING SPECIAL ELECTION Community Facilities District No. 1989-2 (The Highlands) RESOLVED, by the City Council of the City of Anaheim (the "City") that: WHEREAS, on this date, this City Council adopted a resolution entitled "A Resolution of Formation of Community Facilities District No. 1989-2 (The Highlands), 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"), ordering the formation of Community Facilities District No. 1989-2 (The Highlands) (the "District"), authorizing the levy of a special tax on property within the District and preliminarily establishing an appropriations limit for the District; WHEREAS, on this date, this City Council also adopted a resolution entitled "A Resolution Determining the Necessity to Incur Bonded Indebtedness Within Community Facilities District No. 1989-2 (The Highlands) and Submitting Proposition to the Qualified Electors of the District" (the "Resolution to Incur Indebtedness"), determining the necessity to incur bonded indebtedness in the maximum aggregate principal amount of $12,475,000 upon the security of said special tax to be levied within the District; and WHEREAS, pursuant to the provisions of said resolutions, the propositions of the levy of said special tax, the establishment of the appropriations limit and the incurring of the bonded indebtedness shall be submitted to the qualified electors of the District as required by the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"). NOW THEREFORE, IT IS HEREBY ORDERED as follows: 1. Pursuant to Sections 53326, 53353.5 and 53325.7 of the Act, the issues of the levy of said special tax, the incurring of bonded indebtedness and the establishment of said appropriations limit shall be submitted to the qualified electors of the District at an election called therefor as provided below. 2. As authorized by Section 53353.5 of the Act, the three propositions described in paragraph i above shall be combined into a single ballot measure, the form of which is attached hereto as Exhibit "A" and by this reference incorporated herein. Said form of ballot is hereby approved. 3. This City Council hereby finds that fewer than 12 persons have been registered to vote within the territory of the District for each of the ninety (90) days preceding the close of the public hearings heretofore conducted and concluded by this City Council for the purposes of these proceedings. Accordingly, and pursuant to Section 53326 of the Act, this City Council finds that for purposes of these proceedings the qualified electors are the landowners within the District and that the vote shall be by said landowners or their authorized representatives, each having one vote for each acre or portion thereof such landowner owns in the District as of the close of said public hearings. 4. This City Council hereby calls a special election to consider the measure described in paragraph 2 above, which election shall be held immediately following adoption of this resolution in the City Council Chambers. The City Clerk is hereby designated as the official to conduct said election. It is hereby acknowledged that the City Clerk has on file the Resolution of Formation, a certified map of the proposed boundaries of the District, and a sufficient description to allow the City Clerk to determine the boundaries of the District. The voted ballots shall be returned to the City Clerk immediately following the adoption of this Resolution; and when all of the qualified voters have voted, the election shall be closed. 5. Pursuant to Section 53327 of the Act, the election shall be conducted by mail or hand delivered ballot pursuant to Section 1340 of the California Elections Code. This City Council hereby finds that paragraphs (a), (b), (c) (1) and (c)(3) of said Section 1340 are applicable to this special election. 6. This City Council acknowledges that the City Clerk has caused to be delivered to each of the qualified electors of the District, prior to the date £Lxed for the election, a ballot in the form set forth in Exhibit "A" hereto. Each ballot indicates the number of votes to be voted by the respective landowner to which it pertains. Each ballot was accompanied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return the ballot was enclosed with the ballot, had the return postage prepaid, and contained the following: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing board. Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Act. 7. The City Clerk shall accept the ballots of the qualified electors in the City Council Chambers upon and prior to the adoption of this resolution, whether said ballots be personally delivered or received by mail. The City Clerk shall have available ballots which may be marked at said location at the time of election by said qualified electors. 8. This City Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days following the adoption of the Resolution of Formation to elapse before said special election is for the protection of the qualified electors of the District. There is on file with the City Clerk written requests executed by each of the qualified electors of the District requesting a shortening of the time for said special election to expedite the process of formation of the District. Accordingly, this City Council finds and determines that each of said qualified electors have been fully apprised of and have agreed to the shortened time for the election and have thereby been fully -2- protected in these proceedings. This City Council also finds and determines that the City Clerk has concurred in the shortened time for the election. 9. The City Clerk is hereby directed to publish in a newspaper of general circulation circulating within the District a copy of this resolution and a copy of the Resolution to Incur Indebtedness, as soon as practicable after the date of adoption of this Resolution. PASSED AND ADOPTED this 21st day of February, 1989. ATTEST: 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 Resolution No. 89R-55 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, Kaywood and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 89R-55 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-55 duly passed and adopted by the Anaheim City Council on February 21, 1989. CITY CLERK OF TIlE CITY OF ANAHEIM