HomeMy WebLinkAbout2005-11-08; City Council; Resolution 2005-3311
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Exhibit 4
RESOLUTION NO. 2005-331
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ACTING IN ITS CAPACITY AS
THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 3 DECLARING THE RESULTS OF A
SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES
DISTRICT AND IN IMPROVEMENT AREA 1 AND
IMPROVEMENT AREA 2 THEREOF
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA (the
“City Council”), has previously undertaken proceedings to create and did establish a
Community Facilities District and to designate two separate improvement areas therein
pursuant to the terms and 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 (the “Act”). This Community Facilities District shall hereinafter be
referred to as COMMUNITY FACILITIES DISTRICT NO. 3 (the “District”) and the
improvement areas shall be designated as IMPROVEMENT AREA I and
IMPROVEMENT AREA 2; and,
WHEREAS, this City Council did call for and order to be held an election to
submit to the qualified electors of each improvement area of the District a proposition
relating to the levy of special taxes within such Improvement Areas and the issuance of
bonds to be secured by the levy of special taxes within such Improvement Areas and a
separate proposition relating to the establishment of an appropriations limit for the
District; and,
WHEREAS, at this time said election has been held and the measures voted
upon and each 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 in
accordance with the provisions of the Elections Code of the State of California.
US
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Exhibit 4
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARLSBAD,
ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO.
3, HEREBY RESOLVES AS FOLLOWS:
I.
2.
Recitals. The above recitals are all true and correct.
This City Council hereby receives and approves the CERTIFICATE OF
ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the City
Clerk, acting in her capacity as the Election official, said Statement setting forth the
number of votes cast in the election, the measures voted upon, and the number of votes
given for and/or against the measures voted upon. A copy of said Certificate and
Statement is attached hereto, marked Exhibit “A, referenced and so incorporated.
3. The City Clerk is hereby directed, pursuant to the provisions of the
Elections Code of the State of California, to enter in the minutes the results of the
election as set forth in said STATEMENT OF VOTES CAST.
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Exhibit 4
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 8th day of November , 2005 by the following vote, to
wit:
AYES: Council Members Lewis, Hall, Rulchin, Packard, Sigafoose
NOES: None
ABSENT: None
CLAUDE A. LEWIS, Mayor
Attest:
LORRAINE M. WOOD, City Clerk
Exhibit 4
EXHIBIT “A‘
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA ) 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. 3
SPECIAL ELECTION
in said City, held November 8, 2005.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in said
District in said City, and the whole number of votes cast for the Measures in said District in said City,
and the totals of the respective columns and the totals as shown for the Measures are full, true and
correct.
Improvement Area 1
VOTES CAST ON PROPOSITION A: YES /y<
VOTES CAST ON PROPOSITION 6: YES /?A
No z
No z
I.
2.
Improvement Area 2
3. VOTES CAST ON PROPOSITION C: YES 396
No 6
NO YES
4. VOTES CAST ON PROPOSITION D:
Improvement Areas 1 & 2
sgf ;“o“ 7 5.
WITNESS my hand this &)% day of %!,,?!&$Wb% , 2005.
VOTES CAST ON PROPOSITION E:
ELECTION OFFICIAL
CITY OF CARLSBAD
STATE OF CALIFORNIA