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HomeMy WebLinkAbout2005-11-15; City Council; Resolution 2005-339EXHIBIT 3 RESOLUTION NO. 2005-339 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. 05/06-02 (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 November 15, 2005, 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 533 17(Q and each such landowner who is the owner of record as of November 16,2005, 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 WHEREAS, a map showing the Annexed Area and designated as Annexation No. 05/06- 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. 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. The unanimous consent to the annexation of the Annexed Area to the District has been B. Less than twelve (1 2) registered voters have resided within the territory of Annexed Area for each of the ninety (90) days preceding November 15,2005, 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 533 17(f). C. of special taxes within the Annexed Area upon its annexation to the District. The qualified electors of the Annexed Area have unanimously voted in favor of the levy 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: 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 day of November ,20=, by the following vote, to wit: 15th AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ATTEST: 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. I SPECIAL ELECTION ANNEXATION NO. 05/06-02 in such City, held November 15,2005. 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 4 NO I WITNESS my hand this /ka, day of >& ,20K. Cm LE$& U I// ELECTION OFFICIAL CITY OF CARLSBAD EXHIBIT B / // I I I I I I I I I I I I I I