HomeMy WebLinkAbout2006-10-17; City Council; Resolution 2006-3001 RESOLUTION NO. 2006-300
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RESOLUTION OF THE CITY COUNCIL OF THE CITY
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OF CARLSBAD, CALIFORNIA, CERTIFYING THE RESULTS OF
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AN ELECTION AND ADDING PROPERTY TO
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COMMUNITY FACILITIES DISTRICT NO. 1
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WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
8 CALIFORNIA (the "City Council"), has previously formed a Community Facilities District
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pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982", being
10 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,
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14 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
16 annexed in the future was designated as COMMUNITY FACILITIES DISTRICT NO. 1,
17 FUTURE ANNEXATION AREA; and
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19 WHEREAS, at this time the unanimous consent to the annexation of certain
20 territory to the District has been received from the property owner or owners of such
21 territory, and such territory has been designated as ANNEXATION NO. 06/07-01 (the
22 "Annexed Area"); and
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24 WHEREAS, less than twelve (12) registered voters have resided within the
25 territory of Annexed Area for each of the ninety (90) days preceding September 12,
26 2006, therefore, pursuant to the Act the qualified electors of the Annexed Area shall be
27 the "landowners" of such Annexed Area as such term is defined in Government Code
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Exhibit 1
1 Section 53317(f) and each such landowner who is the owner of record as of September
2 12, 2006, or the authorized representative thereof, shall have one vote for each acre or
3 portion of an acre of land that she or he owns within such Annexed Area; and
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5 WHEREAS, the time limit specified by the Act for conducting an election to
6 submit the levy of the special taxes on the property within the Annexed Area to the
7 qualified electors of the Annexed Area and the requirements for impartial analysis and
8 ballot arguments have been waived with the unanimous consent of the qualified electors
9 of the Annexed Area; and
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11 WHEREAS, the City Clerk of the City of Carlsbad has caused ballots to be
12 distributed to the qualified electors of the Annexed Area, has received and canvassed
13 such ballots and made a report to this City Council regarding the results of such canvas,
14 a copy of which is attached as Exhibit A hereto and incorporated herein by this
15 reference; and
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17 WHEREAS, at this time the measure voted upon and such measure did receive
18 the favorable 2/3's vote of the qualified electors, and this City Council desires to declare
19 the results of the election; and
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21 WHEREAS, a map showing the Annexed Area and designated as Annexation
22 No. 06/07-01 (the "Annexation Map"), a copy of which is attached as Exhibit B hereto
23 and incorporated herein by this reference, has been submitted to this legislative body.
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Exhibit 1
1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
2 California as follows:
3 RECITALS
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5 SECTION 1. The above recitals are all true and correct.
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7 FINDINGS
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9 SECTION 2. That this legislative body does hereby further determine as follows:
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11 A. The unanimous consent to the annexation of the Annexed Area to the District
12 has been given by all of the owners of the Annexed Area and such consent shall be
13 kept on file in the Office of the City Clerk.
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15 B. Less than twelve (12) registered voters have resided within the territory of
16 Annexed Area for each of the ninety (90) days preceding September 12, 2006,
17 therefore, pursuant to the Act the qualified electors of the Annexed Area shall be the
18 "landowners" of such Annexed Area as such term is defined in Government Code
19 Section 53317(f).
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21 C. The qualified electors of the Annexed Area have unanimously voted in favor of
22 the levy of special taxes within the Annexed Area upon its annexation to the District.
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24 ANNEXED AREA
25 SECTION 3. The boundaries and parcels of territory within the Annexed Area
26 and on which special taxes will be levied in order to pay for the costs and expenses of
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Exhibit 1
1 authorized public facilities are shown on the Annexation Map as submitted to and
2 hereby approved by this legislative body.
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4 DECLARATION OF ANNEXATION
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6 SECTION 4. This legislative body does hereby determine and declare that the
7 Annexed Area is now added to and becomes a part of the District. The City Council of
8 the City, acting as the legislative body of the District, is hereby empowered to levy the
9 authorized special tax within the Annexed Area.
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11 NOTICE
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13 SECTION 5. Immediately upon adoption of this Resolution, notice shall be given
14 as follows:
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16 A. A copy of the annexation map as approved shall be filed in the Office of
17 the County Recorder no later than fifteen (15) days after the date of adoption of this
18 Resolution.
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20 B. An Amendment to the Notice of Special Tax Lien (Notice of Annexation)
21 shall be recorded in the Office of the County Recorder no later than fifteen (15) days
22 after the date of adoption of this Resolution.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 17th day of October, 2006, by the following vote:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: None
LORAINE M. WOOD, City C(ef£v.sB
(SEAL) ''
Exhibit 1A
Exhibit A
Certificate of Election Official and Statement of Votes Cast
Exhibit 1A
EXHIBIT "A"
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CARLSBAD )
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. 06/07-01
in such City, held September 12, 2006.
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
NO
WITNESS my hand this /S day of xtf^i^U , 20
CTTY CLERIT'
ELECTION OFFICIAL
CITY OF CARLSBAD
STATE OF CALIFORNIA
Exhibit 1B
Exhibit B
Annexation Map
Exhibit 1B
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