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2005-088RESOLUTION N0.2005 - 88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THAT CERTAIN CHANGES IN THE FACILITIES FINANCED BY COMMUNITY FACILITIES DISTRICT N0.1989-2 (THE HIGHLANDS) ARE LAWFULLY AUTHORIZED PURSUANT TO SECTION 53338 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. WHEREAS, the City Council of the City of Anaheim (the "City Council") has heretofore established Community Facilities District No.1989-2 (The Highlands) (the "District") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the Government Code of the State of California} (the "Act"); and WHEREAS, the territory within said District is generally described as shown on the Boundary Map of the District which is on file in the office of the City Clerk of the City of Anaheim and which Boundary Map was recorded on January 18,1989, in Book 45, Page 48 in the Maps of Assessments and Community Facilities Districts of the Recorder of the County of Orange, California; and WHEREAS, pursuant to Section 53331 of the Act, the City Council heretofore determined that the public convenience and necessity require a change in the location of one of the public facilities (i.e., the police station) to be financed by the District; and WHEREAS, on December 14, 2004, the City Council did adopt its Resolution No. 2004R-240 fixing the time and place for a hearing to consider the proposed change to the public facilities to be financed by the District; and WHEREAS, notice of said hearing was given by the City Clerk in the manner required by law; and WHEREAS, on January 25, 2005, the City Council duly conducted said hearing and received and considered all evidence and testimony offered at said hearing, including all oral and written protests against the proposal described in Resolution No. 2004R-240 which were tiled with the City Clerk on or before the time fixed for said hearing; and WHEREAS, upon completion of said hearing, the City Council adopted its Resolution No. 2005-10 calling a special election of the qualified electors within said District pursuant to Section 53338 of the Government Code to consider the following proposition (the "Proposition ). Shall the real property on which the existing police YES NO station is located at 8201 East Santa Ana Canyon Road, which real property was partially acquired with funds of Community Facilities District No. 1989-3 (The Summit), 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. WHEREAS, the special election on said Proposition was conducted by mail on May 3, 2005, pursuant to all applicable provisions of the Elections Code of the State of California, and the results of said special election have been duly canvassed as required by law; and WHEREAS, at least two-thirds of the votes cast on the aforesaid Proposition were in favor of the proposed change as described in said Proposition. Anaheim that: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 1. The City Council hereby determines that the proposed changes as set forth in said Proposition are lawfully authorized. 2. This resolution shall constitute the resolution of change described in, and required pursuant to, Section 53338 of the Government Code. 3. 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), may 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). 4. The City Clerk, if required by law, shall record notice of the aforesaid change pursuant to any applicable requirements of Section 3117.5 of the Streets and Highways Code. 2 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 10th Day of May, 2005, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Chavez, Hernandez, Galloway NOES: None ABSENT: None ABSTAIN: None CITY OF AHEIM By MA OF THE CITY O ANAI~IM ATTE ~' ,~c t ~.? CITY CLERK OF THE CITY OF ANAHEIM 3