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HomeMy WebLinkAbout1994-08-16; City Council; Resolution 94-238\, /I 0 0 EXHIBIT 5 6 II RESOLUTION NO. 94-238 1 2 3 4 5 6 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CERTIFYING AND ADDING PROPERTY TO AN EXISTING COMMUNITY FACILITIES DISTRICT WHEREAS, the ClTYCOUNCILof the CITY OF CARLSBAD, CALIFORNIA, (hereinafter referred to as the "legislative body of the local Agency"), has 7 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 2, Title 5 of the Government Code of the State of California, said Article 3.5 a 9 10 11 thereof. The existing Community Facilities District being designated as WHEREAS, the legislative body has also established a procedure to 13 and 12 COMMUNITY FACILITIES DISTRICT NO. 1 (hereinafter referred to as the "District"); 14 15 16 17 18 19 I 20 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 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 ~ owners of certain specific territory proposed to be annexed has been received, ~ 21 22 23 WHEREAS, the map showing the specific territory to be annexed and 24 designated as the Annexed Area as submitted is hereby approved by this 25 legislative body. 26 I// and said territory has been designated as ANNEXATION NO. 94/95-2 (hereinafter referred to as the "Annexed Area"); and 27 28 I// Ill 1 0 e NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: RECITALS 2 II SECTION 1. The above recitals are all true and correct. 3 4 5 6 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 7 added to and becomes a part of the District. a 9 SECTION 3. That the boundaries and parcels of territory herein annexed 10: All that property annexed to the existing Community Facilities District as 12 expenses of authorized public facilities is described as follows: 11 and on which special taxes will be levied in order to pay for the costs and ANNEXATION AREA 13 said territory is shown on a map as herein approved by this legislative body, said 14 15 16 17 18 19 20 21 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 22 I1 office of the Election Official. 23 the District. 26 C. That the Annexed Area is formally added to and becomes a part of 25 special taxes within the Annexed Area to pay for the District’s public facilities. 24 B. The legislative body is hereby empowered to levy the authorized 27 jj Ill 28 Ill ‘i i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 e 0 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 16th day of AUGUST , 1994, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finn NOES: None ABSENT: None ATIEST: (SEAL)