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94-231 RESOLUTION NO. 94R-231 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, RECITING THE FACT OF THE SPECIAL ELECTION HELD ON SEPTEMBER 9, 1994 IN COMMUNITY FACILITIES DISTRICT NO. 1989-3 (THE SUMMIT), 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 53327.5 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 September 9, 1994. WHEREAS, notice of the election was given in time, form and manner as provided by law; 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 Sections 53327.5 through 53328 of the Government Code; and WHEREAS, pursuant to Resolution No. 94R-94 adopted on June 7, 1994, the City Clerk canvassed the returns of the election and has certified the results to this City 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 whole number of ballots cast in this District 1989-3 was 397 and the number of these required to be yes votes to constitute 2/3rds of this number is 264. SECTION 2. That the measure voted upon was as follows: Shall all unexpended funds of Community Facilities District No. 1989-3 (The Summit) previously designated to finance the Santa Ana Canyon Road widening from Imperial Highway to Bauer Ranch be reallocated and redesignated, together with funds previously allocated for such purpose, to finance the Police Sub-Station facility? YES / NO SECTION 3. That the number of "Yes" Votes received was 369 and the number of "No" Votes received was 28. SECTION 4. That the number of Yes votes constitutes 93% of the ballots cast; SECTION 5. The City Council does declare and determine that as a result of the election, a more than 2/3 majority of the voters voting on the measure relating to transfer of funds to the Police Substation did vote in favor of it, and that the measure was carried. SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED ~D ADOPTED ON SEPTEMBER 20, 1994 ATTEST: CITY 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. 94R-231 was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 20th day of September, 1994, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Pickler, Hunter, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Simpson AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-231 on the 21st day of September, 1994. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 21th day of September, 1994. 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. 94R-231 was duly passed and adopted by the City Council of the City of Anaheim on September 20, 1994. CITY CLERK OF THE CITY OF ANAHEIM EXHIBIT "A" CITY CLERK'S CERTIFICATE OF RESULTS SPECIAL ELECTION SEPTEMBER 9, 1994 COMMUNITY FACILITIES DISTRICT 1989-3, (THE SUMMIT) I, Leonora N. sohl, City Clerk of the City of Anaheim, do hereby certify to the following facts relating to the Special Election held on September 9, 1994, by all-mail ballots in accordance with the Elections Code of the State of California, and Sections 53326 through 53328 of Division 2, Government Code, Community Facilities Act of 1982: Total No. of Ballots Cast: 397 Total No. of "Yes" Votes: 369 Total No of "No" Votes: 28 Result was 93% of the votes cast were "Yes" votes. CITY CLERK, CITY OF ANAHEIM (SEAL)