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HomeMy WebLinkAbout2010-06-22; City Council; Resolution 2010-147Exhibit 1 1 RESOLUTION NO. 2010-147 2 A RESOLUTION OF THE CITY COUNCIL OF THE 3 CITY OF CARLSBAD, CALIFORNIA, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT 5 N0.1 6 7 WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA (the 8 "City Council"), has previously formed a Community Facilities District pursuant to the 9 provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, 10 Part 1, Division 2, Title 5 of the Government Code of the State of California, said Article 11 3.5 thereof. The existing Community Facilities District being designated as 12 COMMUNITY FACILITIES DISTRICT NO. 1 (the "District"); and, 13 WHEREAS, the legislative body has also established a procedure to allow and 14 provide for future annexations to the District and the territory proposed to be so 15 annexed in the future was designated as COMMUNITY FACILITIES DISTRICT NO. 1, 16 FUTURE ANNEXATION AREA; and 17 WHEREAS, at this time the unanimous consent to the annexation of certain 18 territory to the District has been received from the property owner or owners of such 19 territory, and such territory has been designated as ANNEXATION NO. 09/10-02 (the 20 "Annexed Area"); and 21 WHEREAS, less than twelve (12) registered voters have resided within the 22 territory of Annexed Area for each of the ninety (90) days preceding April 27, 2010, 23 therefore, pursuant to the Act the qualified electors of the Annexed Area shall be the 24 "landowners" of such Annexed Area as such term is defined in Government Code 25 Section 53317(f) and each such landowner who is the owner of record as of April 27, 26 2010, or the authorized representative thereof, shall have one vote for each acre or 27 portion of an acre of land that she or he owns within such Annexed Area; and 28 ^ Exhibit 1 1 WHEREAS, the time limit specified by the Act for conducting an election to 2 submit the levy of the special taxes on the property within the Annexed Area to the 3 qualified electors of the Annexed Area and the requirements for impartial analysis and 4 ballot arguments have been waived with the unanimous consent of the qualified electors 5 of the Annexed Area; and 6 WHEREAS, the City Clerk of the City of Carlsbad has caused ballots to be 7 distributed to the qualified electors of the Annexed Area, has received and canvassed 8 such ballots and made a report to this City Council regarding the results of such canvas, 9 a copy of which is attached as Exhibit A hereto and incorporated herein by this 10 reference; and 11 WHEREAS, at this time the measure voted upon and such measure did 12 receive the favorable 2/3's vote of the qualified electors, and this City Council desires to 13 declare the results of the election; and 14 WHEREAS, a map showing the Annexed Area and designated as Annexation 15 No. 09/10-02 (the "Annexation Map"), a copy of which is attached as Exhibit B hereto 16 and incorporated herein by this reference, has been submitted to this legislative body. 17 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 18 Carlsbad, California as follows: 19 RECITALS 20 SECTION 1. The above recitals are all true and correct. 21 FINDINGS 22 SECTION 2. That this legislative body does hereby further determine as follows: 23 A. The unanimous consent to the annexation of the Annexed Area to the 24 District has been given by all of the owners of the Annexed Area and such consent shall 25 be kept on file in the Office of the City Clerk. 26 B. Less than twelve (12) registered voters have resided within the territory of 27 Annexed Area for each of the ninety (90) days preceding April 27, 2010, therefore, 28 Exhibit 1 1 pursuant to the Act the qualified electors of the Annexed Area shall be the "landowners" 2 of such Annexed Area as such term is defined in Government Code Section 53317(f). 3 C. The qualified electors of the Annexed Area have unanimously voted in 4 favor of the levy of special taxes within the Annexed Area upon its annexation to the 5 District. 6 ANNEXED AREA 7 SECTION 3. The boundaries and parcels of territory within the Annexed Area and 8 on which special taxes will be levied in order to pay for the costs and expenses of 9 authorized public facilities are shown on the Annexation Map as submitted to and 10 hereby approved by this legislative body. 11 DECLARATION OF ANNEXATION 12 SECTION 4. This legislative body does hereby determine and declare that the Annexed 13 Area is now added to and becomes a part of the District. The City Council of the City, 14 acting as the legislative body of the District, is hereby empowered to levy the authorized 15 special tax within the Annexed Area. 16 NOTICE 17 SECTION 5. Immediately upon adoption of this Resolution, notice shall be given as 18 follows: 19 A. A copy of the annexation map as approved shall be filed in the Office of 20 the County Recorder no later than fifteen (15) days after the date of adoption of this 21 Resolution. 22 B. An Amendment to the Notice of Special Tax Lien (Notice of Annexation) 23 shall be recorded in the Office of the County Recorder no later than fifteen (15) days 24 after the date of adoption of this Resolution. 25 // 26 // 27 // 28 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 22nd day of June, 2010, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, and Blackburn. NOES: None. ABSENT: Council Member Packard. OJDE A. LEWIS, IVIayor ATTEST: OOD, City Cleric^ Exhibit 1 Exhibit A Certificate of Election Official and Statement of Votes Cast 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. 1 SPECIAL ELECTION ANNEXATION NO. 09/10-02 in such City, held April 27, 2010. 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 ^ day of CLERK ] ELECTION ©FFICIAI CITY OF CARLSBAD STATE OF CALIFORNIA Exhibit B Annexation Map 10 COPY BOUNDARY MAP ANNEXATION NO. 09/10-02 COMMUNITY FACILITIES DISTRICT NO. 1 CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CALIFORNIA LEGEND: ANNEXED AREA SUBDIVISION BOUNDARY PROPERTY UNES EXISTING STREETS SHEET 1 OF ASSESSOR PARCEL NUMBERS: © 215-020-23 FILED IN THE OFFICE Of THE CITY CLERK OF THE CITY OF CARLSBAD THIS DAY OF 2010 CITY CLERK OF THE CITY OF CARLSBAD I HEREBY CERTIFY THAT THIS MAP SHOWING BOUNDARIES OF ANNEXATION NO. 09/10-02 COMMUNITY FACILIITES DISTRICT NO. I. CITY OF CARLSBAD. WAS APPROVED BY THE CITY COUNCIL Of THE CITY OF CARLSBAD, STATE OF CALIFORNIA AT A REGULAR MEETING HELD ON THE DAY OF 2010 BY THE ADOPTION OF RESOLUTION NO FILED THIS -PACE. CITY CLERK OF WE CITY OF CARLSBAD _OAY OF 2010 AT THE HOUR OF IN BOOK _. DOCUMENT NO OF COMMUNITY FACILITIES DISTRICTS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. STATE OF CALIFORNIA. DAVID L BUTLER COUNTY RECORDER DEPUTY COUNTY RECORDER REFERENCE THE SAN DIEGO COUNTY ASSESSOR'S MAPS FOR A DETAILED DESCRIPTION OF PARCEL LINES AND DIMENSIONS. e