6037ORDINANCE NO. 6037
AN ORDINANCE OF THE CITY OF ANAHEIM LEVYING
SPECIAL TAXES WITHIN CITY OF ANAHEIM
COMMUNITY FACILITIES DISTRICT NO. 06-2
(STADIUM LOFTS)
WHEREAS, on July 11, 2006, the City Council (the "City Council") of the City of
Anaheim, pursuant to the Mello -Roos Community Facilities Act of 1982 (the "Act"), adopted a
resolution entitled "A Resolution of the City Council of the City of Anaheim of Intention to
Establish a Community Facilities District and to Authorize the Levy of Special Taxes" stating its
intention to establish City of Anaheim Community Facilities District No. 06-2 (Stadium Lofts)
(the "Community Facilities District") and to finance certain public facilities (the "Facilities") and
services ("Services") setting the date for a public hearing to be held on the establishment of the
Community Facilities District;
WHEREAS, on September 12, 2006, the City Council held a noticed public hearing on
the establishment of the Community Facilities District, as required by the Act;
WHEREAS, at said public hearing, the Resolution of Intention was modified so as to
eliminate the financing of Services by the proposed Community Facilities District and to amend
the rate and method of apportionment of special tax so as to reduce the maximum special tax for
a portion of the owners of property with the proposed Community Facilities District;
WHEREAS, subsequent to the close of said hearing, on September 12, 2006, the City
Council adopted resolutions entitled "A Resolution of the City Council of the City of Anaheim of
Formation of City of Anaheim Community Facilities District No. 06-2 (Stadium Lofts),
Authorizing the Levy of a Special Tax within the District and Establishing an Appropriations
Limit for the District" (the "Resolution of Formation"), "A Resolution of the City Council of the
City of Anaheim Deeming it Necessary to Incur Bonded Indebtedness within City of Anaheim
Community Facilities District No. 06-2 (Stadium Lofts)" and "A Resolution of the City Council
of the City of Anaheim Calling Special Election for City of Anaheim Community Facilities
District No. 06-2 (Stadium Lofts)," which resolutions established the Community Facilities
District, authorized the levy of a special tax within the Community Facilities District and called
an election within the Community Facilities District on the proposition of incurring indebtedness,
levying a special tax within the Community Facilities District and establishing an appropriations
limit for the Community Facilities District, respectively; and
WHEREAS, on September 12, 2006, an election was held in which the qualified electors
of the Community Facilities District approved said proposition by more than the two-thirds vote
required by the Act;
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
FOLLOWS:
OHS Wr,�l:2600641 �7.2
Section 1. The City Council hereby authorizes and levies special taxes within the
Community Facilities District pursuant to Sections 53328 and 53340 of the Act, at the rate and in
accordance with the method of apportionment set forth in Exhibit A to the Resolution of
Formation (the "Rate and Method of Apportionment"). The special taxes are hereby levied
commencing in fiscal year 2007-08 and in each fiscal year thereafter until the last fiscal year in
which such special taxes are authorized to be levied pursuant to the Rate and Method of
Apportionment.
Section 2. The City Council may, in accordance with subdivision (b) of Section 53340 of
the Act, provide, by resolution, for the levy of the special tax in future tax years at the same rate
or at a lower rate than the rate provided by this Ordinance. In no event shall the special tax be
levied on any parcel within the Community Facilities District in excess of the maximum tax
specified therefor in the Rate and Method of Apportionment.
Section 3. The special tax shall be levied on all of the parcels in the Community
Facilities District, unless exempted by law or by the Rate and Method of Apportionment.
Section 4. The proceeds of the special tax shall only be used to pay, in whole or in part,
the cost of providing the Facilities and incidental expenses pursuant to the Act.
Section 5. The special tax shall be collected in the same manner as ordinary ad valorem
property taxes are collected and shall be subject to the same penalties and the same procedure,
sale and lien priority in the case of delinquency as is provided for ad valorem taxes, unless
another procedure is adopted by the City Council.
Section 6. If for any reason any portion of this Ordinance is found to be invalid, or if the
special tax is found inapplicable to any particular parcel within the Community Facilities
District, by a court of competent jurisdiction, the balance of this Ordinance and the application of
the special tax to the remaining parcels within the Community Facilities District shall not be
affected.
OHS Wcsr2600641572 2
26 PASSED AND ADOPTED by the City Council of the City of Anaheim on Set, tember
2006.
AYES: Mayor Pringle, Council Members Chavez, Hernandez, Sidhu, Galloway
NOES: None
ABSENT: None
ABSTAIN: None
&4440'.1
Mayo
ATTEST:
ity Clerk
OHS Wes1200064157 2 3
CLERK'S CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ANAHEIM
I, Sheryll Schroeder, City Clerk of the City of Anaheim, California hereby certify that the
foregoing is a full, true and correct copy of the Ordinance introduced at a regular meeting of the
City Council of the City of Anaheim duly held on September 12, 2006, of which meeting all of
the members of said City Council had due notice and at which a majority thereof were present;
and was finally passed and adopted not less than five days thereafter onSeptember 2,62006, by
the following vote:
AYES: COUNCIL MEMBERS: Mayor Pringle, Chavez, Hernandez, Sidhu, Galloway
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
An agenda of said meeting was posted at least 72 hours before said meeting at 200 South
Anaheim Boulevard, Anaheim, California, a location freely accessible to members of the public,
and a brief general description of said Ordinance appeared on said agenda.
I further certify that I have carefully compared the same with the original minutes of said
meeting on file and of record in my office; that the foregoing Ordinance is a full, true and correct
copy of the original Ordinance adopted at said meeting and entered in said minutes; and that said
Ordinance has not been amended, modified or rescinded since the date of its adoption, and the
same is now in full force and effect.
Dated: September 27, 2006
City Clerk
OHS West:260064157?
AFFIDAVIT OF PUBLICATION
This space is for the County Clerk's Filing Stamp
ORDINANCE NO. 6037
STATE OF CALIFORNIA,
AN ORDINANCE OF THE CRY OF ANAHEIM LEVYING SPECIAL TAXES
ss.
WITHIN CITY OF ANAHEIM COMMUNITY FACILITIES DISTRICT NO.
06.2 (STADIUM LOFTS)
County of Orange
WHEREAS, on July 11, 2006, the City Council (the "City Council") of the City of Ana-
heim, pursuant to the Mello-Roos Community Facilities-Act of 1982 (the "Act'), adapted a,
"A City Council the City of Anaheim of Intention to:
TesoluUon entitled Resolution of the of
Establish a Community Facilities District and to Authorize the Levy of Special Taxes" stat-
I am a citizen of the United States and a resident
ing its intention to establish City of Anaheim Community Facilities District No. 06-2 (Stadi-
Lofts) (the "Community Facilities District") and to finance certain public facilities (the'
um
"Facilities") and services ('Services") setting the date for a public hearing to be held on
of the County aforesaid; I am over the age of
ithe establishment of the Community Facilities District;
eighteen years, and not a party to or interested in
WHEREAS, on September 12,2006, the City Council held a noticed public hearing on
the establishment of the Community Facilities District, as required by the Act;
WHEREAS, at said public hearing, the Resolution of Intention was modified so as to
the financing of Services by the proposed Community Facilities District and to
the above-entitled matter. I am the principal
eliminate
amend the rate and method of apportionment of special tax so as to reduce the maximum
special tax for a portion of the owners of property with the proposed Community Facilities
clerk of the Anaheim Bulletin, a newspaper that
District;
WHEREAS, subsequent to the close of said hearing, on September 12; 2006, the City
Council entitled "A Resolution of the City Council of the City of Ana-
has been adjudged to be a newspaper Of general
adopted resolutions
heim of Formation of City of Anaheim Community Facilities District No. 06-2 (Stadium
Lofts),Authorizing the Levy of a Special Tax within the District and Establishing an Appro-
circulation by the Superior Court of the County
pnations Limit for the District" (the "Resolution of Formation'), A Resolution of the City
Council of the City of Anaheim Deeming it Necessary to Incur Bonded indebtedness within
City of Anaheim Community Facilities District No. 06.2 (Stadium Lofts))' and "A Resolution
of Orange, State Of California, on December 28,
of the City Council of the City of Anaheim Callingg Special Election for Ci of Anaheim Com-
District No. 06-2 Lotto)," which resolutions established the Com-
munity Facilities (Stadium
munity Facilities District, authorized the levy of a special tax within the Community Facilities
1951, Case No. A-21021 in and for the City of
District and called an election within the Community Facilities District on the proposition of
incurring indebtedness, levying a special tax within the Community Facilities District and
establishing an appropriations limit for the Community Facilities District, respectively; and
Anaheim, County of Orange, State Of California;
WHEREAS, on September 12, 2006, an election was held in which the qualified elec-
Community es District approved said proposition by more than the two-
that the notice, of which the annexed is a true
th� ds vo a ihecA
printed copy, has been published in each regular
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
FOLLOWS:
and entire issue of said newspaper and not in any
hereby pp
Act at the the
Community Facilities District pursuant to Sectionsri53328 and 53340 of specialtaxes
and in accordance with the method of apfpoorrttionment set forth in Exhibit A to the Resolu-
'Rate
thereof on the following dates, to
tion and oe and in a ch nscal)year the of er taxes
levy a Formationcommencing In fiscal year 2007-the last fis
Cal year in which such special taxes are authorized to be levied pursuant to the Rate and
wit:
Method of Apportionment.
Section 2. The City Council may, in accordance with subdivision (b) of Section
the Act, by resolution, for the levy of the special tax in future tax years at
53340 of provide,
the same rate or at a lower rate than the rate provided by this Ordinance. In no event shall
the special tax be levied on any parcel within the Community Facilities District in excess of
the maximum tax specified therefor in the Rate and Method of Apportionment.
October 5, 2006
Section S. The special tax shall be levied on all of the parcels in the Community Fa-
cilities District, unless exempted bylaw or by the Rate and Method of Apportionment.
"I certify or declare) under the penalty Of
5 ( J P 3
Section 4. The proceeds of the special tax shall only be used to ay, in whole or in
part, the cost of providing the Facilities and incidental expenses pursuan to the Act.
perjury under the laws of the State of California
valorem Section perty taxes are collectedl tax aand shall ll be collectedry
esubjectato the same penaltlesslrdi end the
same procedure, sale and hen priority in the case of delinquency as is provided for ad
that the foregoing is true and correct":
valorem taxes, unless another procedure rs adopted by the City Council.
Section 6. If for any reason any portion of this Ordinance is found to be invalid, or if
the special tax is found inapplicable to any particular parcel within the Community Facilities `
District, by a court of competent jurisdiction, the balance of this Ordinance and the applica-
Executed Santa Aria, Oran.
Courit
tion of the special tax to the remaining parcels within the Community Facilities District shall
at e
g y,
not be affected
California, on
PASSED AND ADOPTED by the City Council of the City of Anaheim on September
26th, 2006.
/s/ Curt Pringle
Date: October 5, 2006
ATTEST: Mayor
-
/s/ Sheryll Schroeder
/J
City Clerk
�J
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
Signature
COUNTY OF CIT( OF ANAHEIM3
Anaheim Bulletin
1, Sheryll Schroeder, City Clerk of the City of Anaheim, California hereby certify that the
foregoing is a full, true and correct copy of t e Ordinance introduced at a regular meeting
the City Council of the City of Anaheim duly held on September 12, 2006, of which
625 N. N. Grand Ave.
of
ng all of the members of said City Council had due notice and at which a ma'ority thereof
were present; and was finally passed and adopted not less than flue days hereafter on
Santa Ana, CA 92701
September 26th, 2006, by the following vote:
(714) 796-2209
AYES: Mayor Pringle, Council Members Chavez, Hernandez, Sidhu, Galloway
PROOF OF PUBLICATION
NOES: None
ABSENT: None
An agenda of said meeting was posted at least 72 hours before said meeting at 200
South Anaheim Boulevard, Anaheim, California, a location freely accessible to members of
the public, and a brief general description of said Ordinance appeared on said agenda.
1 further certify that I have carefully compared the same with the original minutes of
foregoing Ordinance is rfull, true
said meeting on file and of record in my officio; that the
and correct copy of the original Ordinance adopted at said meeting and entered in said mi-
nutes; and that said Ordinance has not been amended, modified or rescinded since the
date of its adoption, and the same is now in full force and effect. „
Dated: September 26th, 2006
/s/ Sheryll Schroeder
City Clerk
Publish Anaheim Bulletin October 5, 2006 25.858 8175037