HomeMy WebLinkAbout1994-07-12; City Council; Resolution 94-147II 0 0
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RESOLUTION NO. 9 4 - 14 7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, CERTIFYING AND ADDING
PROPERTY TO AN EXISTING COMMUNITY FACILITIES
DISTRICT
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WHEREAS, the ClTYCOUNClLof the CITYOF CARLSBAD, CALIFORNIA,
(hereinafter referred to as the "legislative body of the local Agency"), has
previously formed a Community Facilities District pursuant to the provisions of the
"Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1 , Division
9 2, Title 5 of the Government Code of the State of California, said Article 3.5
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COMMUNITY FACILITIES DISTRICT NO. 1 (hereinafter referred to as the "District"); 11
thereof. The existing Community Facilities District being designated as
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and
WHEREAS, the legislative body has also established a procedure to
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allow and provide for future annexations to the original District and the area
proposed to be annexed in the future was designated as COMMUNITY FACILITIES
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DISTRICT NO. 1, FUTURE ANNEXATION AREA (hereinafter referred to as the
"Future Annexation Area"); and
WHEREAS, at this time the unanimous consent of the property owner or
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owners of certain specific territory proposed to be annexed has been received,
and said territory has been designated as ANNEXATION NO. 94/95-1 (hereinafter
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designated as the Annexed Area as submitted is hereby approved by this 24
WHEREAS, the map showing the specific territory to be annexed and
referred to as the "Annexed Area"); and
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NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. The above recitals are all true and correct.
ANNEXATION CERTIFICATION
SECTION 2. That this legislative body does hereby determine and
declare that the territory subject to annexation, being the Annexed Area, is now
added to and becomes a part of the District.
ANNEXATION AREA
SECTION 3. That the boundaries and parcels of territory herein annexed
and on which special taxes will be levied in order to pay for the costs and
expenses of authorized public facilities is described as follows:
All that property annexed to the existing Community Facilities District as
said territory is shown on a map as herein approved by this legislative body, said
map designated by the number of the annexation and the name of the District, a
copy of which is on file and shall remain open for public inspection.
FINDINGS
SECTION 4. That this legislative body does hereby further determine as
follows:
A. That the unanimous consent to the annexation as submitted by the
property owners is hereby certified and approved and shall be kept on file in the
office of the Election Official.
B. The legislative body is hereby empowered to levy the authorized
special taxes within the Annexed Area to pay for the District’s public facilities.
C. That the Annexed Area is formally added to and becomes a part of
the District.
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NOTICE
SECTION 5. That immediately upon adoption of this Resolution, notice
shall be given as follows:
A. A copy of the annexation map as approved shall be immediately, and
at least within fifteen (1 5) days of adoption of this Resolution, filed in the office of
the County Recorder.
B. Also within said fifteen (15) days, an amendment to the Notice of
Special Tax Lien (Notice of Annexation) shall be recorded in the office of the
County Recorder.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council on the 12th day of JULY , 1994, by the following
vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finr
NOES: None
ABSENT: None
ATTEST:
kHA~ENKRPaQz, City Clerk KAREN R. KUNDTZ, Askdtant -City Clerk (SEAL)