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94-230 RESOLUTION NO. 94R-230 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THAT CERTAIN CHANGES IN THE TYPES OF FACILITIES TO BE FINANCED BY COMMUNITY FACILITIES DISTRICT NO. 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 53332 of the Act, a petition signed by not less than 25 percent of the registered voters residing within the District (the "Petition") was filed with the City Council on March 15, 1994, requesting that proceedings be commenced to change the types of public facilities to be financed by the District; and WHEREAS, on April 19, 1994, the City Council did adopt its Resolution No. 94R-63 fixing the time and place for a hearing to consider the requested changes set forth in the Petition; and WHEREAS, notice of said hearing was given by the City Clerk in the manner required by law; and WHEREAS, on June 7, 1994, 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. 94R-63 which were filed with the City Clerk on or before the time fixed for said hearing; and WHEREAS, upon the completion of said hearing, the City Council adopted its Resolution No. 94R-92 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 all unexpended funds of Community Facilities District No. 1989-2 (the Highlands) previously designated to finance the Santa YES Ana Canyon Road widening from Imperial Highway to Bauer Ranch be reallocated and redesignated, together with funds previously allocated for NO such purpose, to finance the Police Sub-Station facility? WHEREAS, the special election on said Proposition was conducted by mail on September 9, 1994, 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that: 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. All unexpended funds of Community Facilities District No. 1989-2 (the Highlands) previously designated to finance the Santa Ana Canyon Road widening from Imperial Highway to Bauer Ranch are hereby reallocated and redesignated, together with funds previously allocated for such purpose, to finance the Police Sub-Station facility. 4. The City Clerk shall record notice of the aforesaid changes pursuant to Section 3117.5 of the Streets and Highways Code. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 20th day of September , 1994. MA~ C~I~ANAHEIM ATTE~ 8651.1\J~HITE\September 9, 1994 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-230 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-230 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-230 was duly passed and adopted by the City Council of the City of Anaheim on September 20, 1994.