HomeMy WebLinkAbout2002-06-25; City Council; Resolution 2002-1941
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EXHIBIT 1
RESOLUTION NO. 2002-194
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, CERTIFYING THE RESULTS OF
AN ELECTION AND ADDING PROPERTY TO
COMMUNITY FACITIES DISTRICT NO. 1
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA (the
“City Council”), 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 (the “District”); and,
WHEREAS, the legislative body has also established a procedure to allow and provide
for future annexations to the District and the territory proposed to be so annexed in the future
was designated as COMMUNITY FACILITIES DISTRICT NO. 1, FUTURE ANNEXATION
AREA: and
WHEREAS, at this time the unanimous consent to the annexation of certain territory to
the District has been received from the property owner or owners of such territory, and such
territory has been designated as ANNEXATION NO. 01/02- 01 (the “Annexed Area”); and
WHEREAS, less than twelve (12) registered voters have resided within the territory of
Annexed Area for each of the ninety (90) days preceding June 14, 2002, therefore, pursuant to
the Act the qualified electors of the Annexed Area shall be the “landowners” of such Annexed
Area as such term is defined in Government Code Section 53317(f) and each such landowner
who is the owner of record as of June 14, 2002, or the authorized representative thereof, shall
have one vote for each acre or portion of an acre of land that she or he owns within such
Annexed Area; and
WHEREAS, the time limit specified by the Act for conducting an election to submit the
levy of the special taxes on the property within the Annexed Area to the qualified electors of the
Annexed Area and the requirements for impartial analysis and ballot arguments have been
waived with the unanimous consent of the qualified electors of the Annexed Area; and
WHEREAS, the City Clerk of the City of Carlsbad has caused ballots to be distributed to
the qualified electors of the Annexed Area, has received and canvassed such ballots and made a
report to this City Council regarding the results of such canvas, a copy of which is attached as
Exhibit A hereto and incorporated herein by this reference; and
WHEREAS, at this time the measure voted upon and such measure did receive the
favorable 2/3’s vote of the qualified electors, and this City Council desires to declare the results
of the election; and
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WHEREAS, a map showing the Annexed Area and designated as Annexation No. 01/02-
01 (the “Annexation Map”), a copy of which is attached as Exhibit B hereto and incorporated
herein by this reference, has been submitted to 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.
FINDINGS
SECTION 2. That this legislative body does hereby further determine as follows:
A. The unanimous consent to the annexation of the Annexed Area to the District has been
given by all of the owners of the Annexed Area and such consent shall be kept on file in the
Office of the City Clerk.
B. Less than twelve (12) registered voters have resided within the territory of Annexed Area
for each of the ninety (90) days preceding June 14,2002, therefore, pursuant to the Act the
qualified electors of the Annexed Area shall be the “landowners” of such Annexed Area as such
term is defined in Government Code Section 53317(f).
C. The qualified electors of the Annexed Area have unanimously voted in favor of the levy
of special taxes within the Annexed Area upon its annexation to the District.
ANNEXED AREA
SECTION 3. The boundaries and parcels of territory within the Annexed Area and
on which special taxes will be levied in order to pay for the costs and expenses of authorized
public facilities are shown on the Annexation Map as submitted to and hereby approved by this
legislative body.
DECLARATION OF ANNEXATION
SECTION 4. This legislative body does hereby determine and declare that the Annexed
Area is now added to and becomes a part of the District. The City Council of the City, acting as
the legislative body of the District, is hereby empowered to levy the authorized special tax within
the Annexed Area.
NOTICE
SECTION 5. Immediately upon adoption of this Resolution, notice shall be given as
follows:
Page 2 of 3 of Resolution NO. 2002-194
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A. A copy of the annexation map as approved shall be filed in the Office of the
County Recorder no later than fifteen (1 5) days after the date of adoption of this Resolution.
B. An Amendment to the Notice of Special Tax Lien (Notice of Annexation) shall be
recorded in the Office of the County Recorder no later than fifteen (1 5) days after the date of
adoption of this Resolution.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 25th
day of JUNE ,20 02 , by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Hall
NOES: None
ABSENT: Council Members Kulc
ATTEST:
RRdINE M. WOOD, City Clerk
Page 3 of 3 of Resolution No. 2002-194 5
EXHIBIT “A”
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA 1
COUNTY OF SAN DIEGO ) ss.
CITY OF CARLSBAD 1
The undersigned, ELECTION OFFICIAL OF THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of
Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the
Elections Code of the State of California, I did canvass the returns of the votes cast at the
CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
SPECIAL ELECTION
ANNEXATIONNO. 01/02-01
in such City, held June 14,2002.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the
area proposed to be annexed. to Community Facilities District NO. 1 of such city for or against the
Measure are full, true and correct.
VOTES CAST ON PROPOSITION 1: YES kb2 NO 7
WITNESS my hand this
STATE OF CALIFORNIA
* I I I I I I I