HomeMy WebLinkAbout2012-03-27; City Council; Resolution 2012-073Exhibit 1
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RESOLUTION NO. 2012-073
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A RESOLUTION OF THE CITY COUNCIL OF THE
^ CITY OF CARLSBAD, CALIFORNIA, CERTIFYING
THE RESULTS OF AN ELECTION AND ADDING
PROPERTY TO COMMUNITY FACILITIES DISTRICT
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WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA (the
"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
-J-J 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,
15 FUTURE ANNEXATION AREA; and
16 WHEREAS, at this time the unanimous consent to the annexation of certain
17 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. 11/12-01 (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 January 20, 2012,
therefore, pursuant to the Act the qualified electors of the Annexed Area shall be the
22 "landowners" of such Annexed Area as such temi is defined in Government Code
23 Section 53317(f) and each such landowner who is the owner of record as of January 20,
24 2012, 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
Exhibit 1
ballot arguments have been waived with the unanimous consent of the qualified electors
^ of the Annexed Area; and
3 WHEREAS, the City Clerk of the City of Carlsbad has caused ballots to be
4 distributed to the qualified electors of the Annexed Area, has received and canvassed
g 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
9 declare the results of the election; and
10 WHEREAS, a map showing the Annexed Area and designated as Annexation
11 No. 11/12-01 (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
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SECTION 1. The above recitals are all true and correct.
16 FINDINGS
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17 SECTION 2. That this legislative body does hereby further determine as follows:
A. The unanimous consent to the annexation of the Annexed Area to the
District has been 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.
B. Less than twelve (12) registered voters have resided within the territory of
Annexed Area for each of the ninety (90) days preceding January 20, 2012, therefore,
22 pursuant to the Act the qualified electors of the Annexed Area shall be the "landowners"
23 of such Annexed Area as such term is defined in Government Code Section 53317(f).
24 C. The qualified electors of the Annexed Area have unanimously voted in
favor of the levy of special taxes within the Annexed Area upon its annexation to the
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District.
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Exhibit 1
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 (15) 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 (15) days
afterthe 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 27th day of March 2012, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Kulchin, Blackburn, Douglas, Packard.
None.
ABSENT: None.
MATTtHALL, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
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