HomeMy WebLinkAbout2001-05-15; City Council; Resolution 2001-1401
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 2001-140
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 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 I, 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. OO/Ol-01 (hereinafter referred to
as the “Annexed Area”); and
l/f
i/f
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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.
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.
Ill
/II
Page 2 of Resolution No. 2001-140
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 Districts public facilities. The property
being annexed will be subject to all applicable special taxes upon annexation. The
Annual Special Tax - Undeveloped Property will commence fiscal year 2001-02.
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.
II/
Ill
Page 3 of Resolution No. 2001-140
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 15th day of Mav , 2001, by the following vote, to wit:
AYES: Counicl Members Lewis, Finnila, Nygaard and Hall.
NOES: None -
ABSENT: Council Member Kulchin.
CLAUDE A. LEWIS, Mayor
ATTEST:
L--=j$%&ti$-
LORRAINE M. WOOD, City Clerk
Page 4 of Resolution NO. 2001-140