HomeMy WebLinkAbout2013-06-18; City Council; Resolution 2013-150RESOLUTION NO. 2013-150
Exhibit 1
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CAUFORNIA, CERTIFYING THE RESULTS OF AN ELECTION AND
4 ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 1
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WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA (the "City Council"),
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7 has previously formed a Community Facilities District pursuant to the provisions of the "Mello-
8 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.
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1^ WHEREAS, the legislative body has also established a procedure to allow and provide for
14 future annexations to the District and the territory proposed to be so annexed in the future was
15 designated as COMMUNITY FACILITIES DISTRICT NO. 1, FUTURE ANNEXATION AREA; and
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WHEREAS, at this time the unanimous consent to the annexation of certain territory to
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the District has been received from the property owner or owners of such territory, and such
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territory has been designated as ANNEXATION NO. 12/13-01 (the "Annexed Area"); and
2Q WHEREAS, less than twelve (12) registered voters have resided within the territory of
21 Annexed Area for each of the ninety (90) days preceding May 30, 2013, therefore, pursuant to
22 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 53317(f) and each such landowner
who is the owner of record as of May 30, 2013, 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
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27 Annexed Area; and
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Exhibit 1
1 WHEREAS, the time limit specified by the Act for conducting an election to submit the
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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 ofthe qualified electors ofthe Annexed Area; and
WHEREAS, the City Clerk of the City of Carlsbad has caused ballots to be distributed to
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7 the qualified electors of the Annexed Area, has received and canvassed such ballots and made a
8 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
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of the election; and
14 WHEREAS, a map showing the Annexed Area and designated as Annexation No. 12/13
15 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
21 SECTION 1. The above recitals are all true and correct
22 FINDINGS
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27 in the Office of the City Clerk
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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
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Exhibit 1
1 B. Less than twelve (12) registered voters have resided within the territory of
Annexed Area for each of the ninety (90) days preceding May 30, 2013, therefore, pursuant to
the Act the qualified electors of the Annexed Area shall be the "landowners" of such Annexed
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Area as such term is defined in Government Code Section 53317(f).
C. The qualified electors of the Annexed Area have unanimously voted in favor of
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7 the levy of special taxes within the Annexed Area upon its annexation to the District
8 ANNEXED AREA
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legislative body
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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
14 DECLARATION OF ANNEXATION
15 SECTION 4. This legislative body does hereby determine and declare that the Annexed Area
16 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
21 SECTION 5. Immediately upon adoption of this Resolution, notice shall be given as follows:
22 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 after the date of
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27 adoption of this Resolution
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PASSED, APPROVED AND ADOPTED at a Special Meeting ofthe City Council ofthe City of
Carlsbad on the 18*^ day of June, 2013, by the following vote to wit:
AYES:
NOES:
ABSENT:
Council Members Hall, Packard, Wood, Blackburn and Douglas.
None.
None.
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MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON^y Clerk
(SEA^^ SEAI^^\»»'ii/„
Exhibit B
Annexation Map
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BOUNDARY MAP
ANNEXATION NO. 12/13-01
COMMUNITY FACILITIES DISTRICT NO. 1
CITY OF CARLSBAD
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
SHEET 1 OF 1
I£GEND:
ANNDED AREA
SUeOMSMN BOUNDARY
PROPERIY UNES
EMSTMG S1REE1S
ASSESSOR PARCEL NUlfBERS:
0 167-040-11-00 (56.66AC.}
(D 167-040-21-00 (94.21 AC.)
rUD M 1HE OmCE OF IHE Crrr OERK OF THE OTY OF CARUBAO 1HB
DAY OF
CnYOfRK OF DC
OTY OF CARLSBAD
I HEREBY CER1FY 1HAT IMS MAP SHOMtt BOUNDARB OF AIMEXATION
Na n/\3-m comiuNmr FACUIES DBIRCT Na I. CHY OF CARLSBADI
IMS APPROI«D BY IHE Crrr COUNOL OF 1HE COY OF CARLSBAD, STA1E OF
CAUFQRNA AT A REOJUW MEEIMG HEU ON THE DAY OF , 2013 BY THE ADOPTION OF RESOUmON Na .
CnY CLERK OF THE OTY OF CARLSBAD
2013 AT THE HOUR 0F_
JDF COMNMriY FACUTES
DBIRKTS M THE CFRCE OF THE COUNTY RECORDER OF SAN KGO COUNTY, STATE OF CALFORNM.
ERNEST IDROtBtBURC Jt COUNTY REDORCER
DEPUTY COUNTY RECORDER
REFEROKE THE SAN DKOO COUNTY ASSESSORS MAPS
FOR A OCTAliD OESCRPTMN OF PARCa UNES AND