HomeMy WebLinkAbout1998-05-05; City Council; Resolution 98-134c
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RESOLUTION NO. 98-134
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, CERTIFYING AND
ADDING PROPERTY TO AN EXISTING COMMUNITY
FACILITIES DISTRICT (NO. 1) ANNEXATION NO.
97/98-1 1 RANCHO CARRILLO VILLAGES A, B. C, D & H
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
CALIFORNIA, (hereinafter referred to as the "legislative body of the local
Agency"), has previously formed a Community Facilities District pursuant
to the provisions of the "Mello-Roos Community Facilities Act of 1982,"
being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the
State of California, said Article 3.5 thereof. The existing Community
Facilities District being designated as COMMUNITY FACILITIES DISTRICT
NO. 1 (hereinafter referred to as the "District"); and
WHEREAS, the legislative body has also established a procedure to
allow and provide for future annexations to the original District and the area
proposed to be annexed in the future was designated as COMMUNITY
FACILITIES DISTRICT NO. 1, FUTURE ANNEXATION AREA (hereinafter
referred to as the "Future Annexation Area"); and
WHEREAS, at this time the unanimous consent of the property owner
or owners of certain specific territory proposed to be annexed has been
received, and said territory has been designated as ANNEXATION NO.
97/98-1 (hereinafter referred to as the "Annexed Area"); and
WHEREAS, the map showing the specific territory to be annexed and
designated as the Annexed Area as submitted is hereby approved by this
legislative body.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California as follows:
RECITALS
SECTION 1. The above recitals are all true and correct.
ANNEXATION CERTIFICATION
SECTION 2. That this legislative body does hereby determine and
declare that the territory subject to annexation, being the Annexed Area, is
now added to and becomes a part of the District.
ANNEXATION AREA
SECTION 3. That the boundaries and parcels of territory herein
annexed and on which special taxes will be levied in order to pay for the
costs and expenses of authorized public facilities is described as follows:
All that property annexed to the existing Community Facilities District as
said territory is shown on a map as herein approved by this legislative body,
said map designated by the number of the annexation and the name of the
District, a copy of which is on file and shall remain open for public
inspection.
FINDINGS
SECTION 4. That this legislative body does hereby further determine
as follows:
A. That the unanimous consent to the annexation as submitted by the
property owners is hereby certified and approved and shall be kept
on file in the office of the Election Official.
B. The legislative body is hereby empowered to levy the authorized
special taxes within the Annexed Area to pay for the District's public
facilities. The property being annexed will be subject to all applicable
special taxes upon annexation. The Annual Special Tax - Undeveloped
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Property will commence fiscal year 1998-99.
C. That the Annexed Area is formally added to and becomes a part of
the District.
NOTICE
SECTION 5. That immediately upon adoption of this Resolution,
notice shall be given as follows:
A. A copy of the annexation map as approved shall be immediately,
and at least within fifteen (15) days of adoption of this Resolution, filed in the
office of the County Recorder.
B. Also within said fifteen (15) days, an amendment to the Notice of
Special Tax Lien (Notice of Annexation) shall be recorded in the office of the
County Recorder.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council on the 5 day of May , 1998, by the following vote, to wit:
AYES:Council Members Nygaard, Hall & Finnila
NOES: None
ABSENT: Lewis & Kulchin
ATTEST:
dz" zi& /I CLh-J.DE A. LEWIS, Mayor
RAMONA FINNILA, Mayor Pro Tern
-? /y&/ f fW ) .* WP ,. 11k.A-
ALETHA L. RAUTENKRANZ, City= (SEAL)