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RES-1989-10311009-30 JHHW:PJ~.ce£ 02/19, J$722 RESOLUTION NO. ~ 9 P~- 10 ~ A RESOLUTION DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX AUTHORIZATION Community Facilities District No. 1989-3 (The Summit) 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. 1989-3 (The Summit) 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 $11,500,000, 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. 1989-3 (The Summit), 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 9~ce 9f 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 4th day of April, 1989. ATTES ·: 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-lOB was introduced and adopted at a regUlar meeting provided by law, of the City Council of the City of Anaheim held on the 4th day of April, 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-103 on the 5th day of April, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 5th 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 of Resolution No. 89R-10~ duly passed and adopted by the Anaheim City Council on April 4, 1989. CITY CLERK OF THE CITY OF ANAHEIM 11009-30 JI-I HW :PJ'h. ceg 02/19/8~L J~/16 CANVASS AND STATEMENT OF RESULT OF ELECTION CITY OF ANAttE, IM Community Facilities District No. 1989-3 (The Summit) I hereby certify that on April 4, 1989, I canvassed the returns of the election held on April 4, 1989, in the Community Facilities District No. 1989-3 (The Summit) 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. 1989-3 (The Summit) of the City of Anaheim Special Tax Election, April 4, 1989. BALLOT MEASURE: Shall the City of Anaheim incur an indebtedness and issue bonds in the maximum aggregate principal amount of $11,500,000, with interest at a rate or rates not to exceed the m~mum interest rate permitted by law at the time of sale of such bonds on behalf of Community Facilities District No. 1989-3 (The Summit) (the 'Districtg, the proceeds of which will be used to acquire and construct facilities and provide for the initial cost of police and fire services 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, provide for the cost of police and fire services within the District 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 1N WITNESS WITE. REOF, I HAVE HEREUNTO SET MY HAND this ~z day of April, 1989. City Clerk, City of Anaheim