HomeMy WebLinkAbout2003-03-11; City Council; Resolution 2003-0681
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RESOLUTION NO. 2003-068
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, CERTIFYING THE
RESULTS OF ELECTION AND ADDING PROPERTY TO
COMMUNITY FACILITIES DISTRICT NO. I
WHEREAS, the City Council of the City of Carlsbad, California (the ‘City Council”) 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 2, Title 5 of the
Government Code of the State of California, said Article 3.5 thereof. The existing Community
Facilities District is 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, FUTURE
ANNEXATION AREA; and
WHEREAS, at this time, the unanimous consent to the annexation of certain 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. 02/03-01 (the “Annexed Area”);
and
WHEREAS, less than twerve (12) registered voters have resided within the territory of
Annexed Area for each of the ninety (90) days preceding February 13, 2003; therefore,
pursuant to 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 February 13, 2003, 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
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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 ballot arguments have
been waived with the unanimous consent of the qualified electors of the Annexed Area; and
WHEREAS, the City Clerk of the City of Carlsbad has caused ballots to be distributed
to the qualified electors of the Annexed Area, has received and canvassed such ballots, and
has 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 was voted upon and such measure did receive
the favorable two-thirds’ vote of the qualified electors, and this City Council desires to declare
the results of the election; and
WHEREAS, a map showing the Annexed Area and designated as Annexation
No. 02/03-01 (the “Annexation Map”), a copy of which is attached as Exhibit B hereto and
incorporated herein by this reference, has been submitted to this legislatie body.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California as follows:
RECITALS
SECTION I. The above recitals are all true and correct.
FINDINGS
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 February 13, 2003;
therefore, pursuant to the Act, the qualified electors of the Annexed Area shall be the
Page 2 of 4 of Resolution No. 2003-068
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“landowners” of such Annexed Area as such term is defined in Government Code
Section 5331 7(f).
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
District.
ANNEXEDAREA
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.
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Page 3 of 4 of Resolution No. 2003-068
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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 adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 11th day of MARCH , 2003 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard
NOES: None
ABSENT: Council Member Finnila
'Cl!!'AUW''A.&wlS,Way~r
ATTEST:
(SEAL)
Page 4 of 4 of Resolution No. 2003-068
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EXHIBIT “A”
CERTIFICATE OF ELECTION OFF’ICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CARLSBAD )
The undersigned, ELECTION OFFICIAL OF THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of
Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the
Elections Code of the State of California, I did canvass the returns of the votes cast at the
CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
SPECIAL ELECTION
ANNEXATION NO. 02/03 -0 1
in such City, held February 13,2003.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the
area proposed to be annexed to Community Facilities District No. 1 of such City for or against the
Measure are full, true and correct.
VOTES CAST ON PROPOSITION 1:
No=
YES 4-w
WITNESS my hand this 9 $4 day of-$&- , 2M2.
- ELECTIF OFFICIAL
CITY 0 CARLSBAD
STATE OF CALIFORNIA
w 0
EXHIBIT B