HomeMy WebLinkAbout1998-12-08; City Council; Resolution 98-397.
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RESOLUTION NO. 98-397
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, CERTIFYING AND
ADDING PROPERTY TO AN EXISTING COMMUNITY
FACILITIES DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAI
CALIFORNIA, (hereinafter referred to as the "legislative body of the local Agency'
has previously formed a Community Facilities District pursuant to the provisions of tt
"Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division
Title 5 of the Government Code of the State of California, said Article 3.5 thereof. TI
existing Community Facilities District being designated as COMMUNITY FAClLlTlE
DISTRICT NO. 1 (hereinafter referred to as the "District"); and
WHEREAS, the legislative body has also established a procedure to allc
and provide for future annexations to the original District and the area proposed to I
annexed in the future was designated as COMMUNITY FACILITIES DISTRICT NO.
FUTURE ANNEXATION AREA (hereinafter referred to as the "Future Annexatic
Area"); and
WHEREAS, at this time the unanimous consent of the property owner
owners of certain specific territory proposed to be annexed has been received, a1
said territory has been designated as ANNEXATION NO. 98/99-1 (hereinafter referr
to as the "Annexed Area"); and
WHEREAS, the map showing the specific territory to be annexed a
designated as the Annexed Area as submitted is hereby approved by this legislati
body.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
Carlsbad, California as follows:
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RECITALS
SECTION 1. The above recitals are all true and correct.
ANNEXATION CERTIFICATION
SECTION 2. That this legislative body does hereby determine and decla
that the territory subject to annexation, being the Annexed Area, is now added to ar
becomes a part of the District.
ANNEXATION AREA
SECTION 3. That the boundaries and parcels of territory herein annex(
and on which special taxes will be levied in order to pay for the costs and expenses
authorized public facilities is described as follows:
All that property annexed to the existing Community Facilities District ;
said territory is shown on a map as herein approved by this legislative body, said mi
designated by the number of the annexation and the name of the District, a copy
which is on file and shall remain open for public inspection.
FINDINGS
SECTION 4. That this legislative body does hereby further determine
follows:
A. That the unanimous consent to the annexation as submitted by tl
property owners is hereby certified and approved and shall be kept on file in the offi
of the Election Official.
B. The legislative body is hereby empowered to levy the authoriz
special taxes within the Annexed Area to pay for the District's public facilities. T
property being annexed will be subject to all applicable special taxes upon annexatic
The Annual Special Tax - Undeveloped Property will commence fiscal year 1999-OC
C. That the Annexed Area is formally added to and becomes a part oft
District.
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NOTICE
SECTION 5. That immediately upon adoption of this Resolution, noti
shall be given as follows:
A. A copy of the annexation map as approved shall be immediately, a
at least within fifteen (15) days of adoption of this Resolution, filed in the office of t
County Recorder.
B. Also within said fifteen (15) days, an amendment to the Notice
Special Tax Lien (Notice of Annexation) shall be recorded in the office of the Cour
Recorder.
PASSED, APPROVED AND ADOPTED at a regular meeting of the C
Council on the 8th day of December, 1998, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin an
NOES: None
ABSENT: None
ATTEST:
&QLL R. 2- ALETHA L. RAUTENKRANZ, City Cler (SEAL)