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2005-085RESOLUTION N0.2005 - 85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, RECITING THE FACT OF THE SPECIAL ELECTION HELD MAY 3, 2005 IN COMMUNITY FACILITIES DISTRICT N0. ~ 989-2 (THE HIGHLANDS), DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a Special Municipal Election was held and conducted in the City of Anaheim, California, in accordance with Section 53321.5 of the Government Code, Community Facilities Act of 1982, as an all-mail ballot election, with ballots due to be returned by 5:00 P.M. on May 3, 2005; and WHEREAS, notice of the election was given in time, form and manner as provided bylaw; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed, and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California and Section 53327.5 through 53328 of the Government Code; and WHEREAS, pursuant to Resolution No. 2005 - 09 adopted on January 25, 2005, the City Clerk canvassed the returns of the election and has certified the results to this Council, the results are received, attached and made a part hereof as "Exhibit A". NOW THEREFORE THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1: That the measure voted upon was as follows: Measure No. 05 - 2 Community Facilities District No.1989-2 (The Highlands) Shall the real property on which the existing police station is located at 8201 East Santa Ana Canyon Road, which real property was partially acquired with funds of Community Facilities District No. 1989-2 {The Highlands), also be used by the City of Anaheim as the site of a new district gymnasium (i.e. thereby adding said real property for district gymnasium purposes to the list of authorized District facilities), Approval of this measure will not result in any increase in Mello- Roos taxes nor will such taxes be used to pay for construction or operation of the gymnasium. YES NO SECTION 2: That the whole number of ballots cast in this District 1989-2 for Measure No. 05-2 was 665 and the number of these required to be yes votes to constitute 2/3rds of this number is 444. SECTION 3: The number of "Yes" votes received for Measure No. 05-2 was 460 and the number of "No" votes received was 204. SECTION 4: That the number of "Yes" votes constitutes 69.2 % of the ballots cast. SECTION 5: The City Council does declare and determine that as a result of the election, a more than 213 majority of the voters voting on the measure relating to the proposed use of a portion of the site for gymnasium purposes did vote in favor of it, and that the measure was passed. SECTION 6: That the City Clerk shall cerEify to the passage and adoption of this resolution and enter it into the book of original resolutions. Passed and adopted on May 10, 2005. Curt Pringle, Mayor Attest: r / S."r ~ eryll chr eder, MMC City Clerk ~~ CITY OF ANAHEIM SPECIAL MUNICIPAL ~~ CFD ELECTIONS -MAY 3, 2005 EXHIBIT "A" I, Sheryll Schroeder, City Clerk of the City of Anaheim, do hereby certify to the following facts relating to the Special Election held on May 3, 2005, by all-mail ballots in accordance with the Elections Code of the Sta#e of California, and Sections 5332fi through 53328 of Division 2, Government Code, Community Facilities Act of 1982: THE HIGHLANDS OS-2 Total number of ballots cast: 665 Total number of "Yes" votes: 460 Total number of "No" votes: 204 Blank and over voted: 1 Result was 69.2 % of the votes cast were "Yes" votes. e 11 Schr eder, MC ity Clerk, City of Anaheim (Seal) STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. C1TY OF ANAHEIM 1 I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2005-85 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 10th day of May, 2005, by the following vote of the members thereof: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Chavez, Galloway NOES: None ABSENT: None ABSTAIN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No, 2005-85 on the 10th day of May, 2005. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 11th day of May, 2005. City erk of e City of Anaheim (SEAL) 1, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 2005-85 was duly passed and adopted by the City Council of the City of Anaheim on May 10, 2005. f City Jerk of the City of Anaheim