HomeMy WebLinkAbout1991-01-29; City Council; Resolution 91-38* 6 a
# 91-38 RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, MAKING CERTAIN PRELIMI-
NARY FIIVDINGS, PASSING UPON PROTESTS AND APP-
ROVING FINAL "REPORT" '
WUBREAS, the CITY COUNCIL of the CITY OF CARL:
CALIFORNIA, (hereinafter referred to as the "legislative bo(
the local Agency"), has previously declared its intention
ordered the preparation of a "Report" relating to the initic
of proceedings to create a Community Facilities District p~
ant to the terms and provisions of the "Mello-Roos CommL
Facilities Act of 1982", being Chapter 2.5, Part 1, Divisio
Title 5 of the Government Code of the State of California.
Community Facilities District shall hereinafter be referrel
as COMMUNITY FACILITIES DISTRICT NO. 1 (hereinafter referre
as the "District"); and,
WHEREAS, notice of a public hearing relating to the es
lishment of the District, the extent of the District,
furnishing of certain facilities and all other related mat
has been given, and a "Report", as ordered by this Agency,
been presented to this Agency and has been made a part of
record of the hearing on the Resolution of Intention to es
lish said District: and,
WHEREAS, all communicafions relating to the establishn
of the District, the facilities and the tax rate have I:
presented, and it has further been determined that a majol
protest as defined by law has not been received against t€
proceedings; and,
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WHEREAS, tke "Report" as now submitted further conta
changes and modifications to the proceedings, as applicable
hereby approved; and,
WHEREAS, inasmuch as there are less than twelve (12) rc
tered voters residing within the territory of the District,
have been been for at least the preceding ninety (90) days,
legislative body is desirous to submit the levy of the reqi
special tax to the landowners of the District, said landoh
being the qualified electors as authorized by law.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true
SECTION 2. That the written protests received, if any
resent a majority protest as defined by the applic
ns of the "Community Facilities Act of 1982".
SECTION 3. The I'Report", as now submitted, inclu
and modifications, if any and as applicable, shall s
"Report" for all future proceedings and all terms
are approved as set forth therein.
SECTION 4. It is hereby determined by this legisla
proceed with the formation and establishment of
, formally known and designated as "COMMUNITY FACILI?
SECTION 5. It is hereby further determined by this legi:
11 proceedings prior hereto were valid and tz
th the requirements of law, and specifically
e "Mello-Roos Community Facilities Act of 198
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and this finding is made pursuant to the provisions and auth
zation of Section 53325.1 of'the Government Code of the Stat(
California.
SECTION 6. It is hereby further determined by this legi
tive body that the proposed capital project facility is ne
sary to meet increased demands placed upon this local Agenc
a result of development and/or rehabilitation occurring in
PASSED, APPROVED AND ADOPTED by the City Council of
S ecial Carlsbad at its/&qa*ar meeting held on the 29th
, 1991, by the following vote, to wit
AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaarc
NOES: None
ABSENT: None
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il&xku4 $. h?aLcaL-
ALETHA L. RAUTENKRANZ, City\Clerk
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