HomeMy WebLinkAbout2004-06-22; City Council; Resolution 2004-205I
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Exhibit 1
RESOLUTION NO. 2004-205
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, CERTIFYING THE RESULTS OF
AN ELECTION AND ADDING PROPERTY TO COMMUNITY
FACILITIES 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. 03/04-02 (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 May 17, 2004, 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 May 17, 2004, 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
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Page 2 of Resolution No. 2004-205 Exhibit 1
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
WHEREAS, a map showing the Annexed Area and designated as Annexation No. 03/04-02
(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 May 18,2004, 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 5331 7(9.
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.
ANNEXEDAREA
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
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Exhibit 1 Page 3 of Resolution No. 2004-205
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:
A. A copy of the annexation map as approved shall be filed in the Office of the County
Recorder no later than fifteen (15) days after the date of adoption of this Resolution.
E. 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 (15) days after the date of
adoption of this Resolution.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 22nd day of ~une , 2004 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard
NOES: None
ABSENT: None
ATTEST: ,
(SEAL)
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EXHIBIT “A”
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO
CITY OF CARLSBAD )
) ss.
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
ANNEXATION NO, 03/04-02
in such City, held May 17, 2004.
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 Y If
No 4
WITNESS my hand this 1 5 day of b‘k+$, ,203.
CITY OF CARL$BAD
STATE OF CALIFORNIA
Exhibit B
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