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HomeMy WebLinkAbout2005-11-08; City Council; Resolution 2005-3311 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I9 20 21 22 23 24 25 26 27 28 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. 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 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