HomeMy WebLinkAbout2004-04-20; City Council; Resolution 2004-1281
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 2004-128
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, CERTIFYING THE
RESULTS OF AN ELECTION AND ADDING PROPERTY
TO COMMUNITY FACILITIES DISTRICT NO. 1
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 I, 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,
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. 03/04-01 (the
“Annexed Area”); and
WHEREAS, less than twelve (12) registered voters have resided within the
territory of Annexed Area for each of the ninety (90) days preceding February 24, 2004,
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
24, 2004, 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
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 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 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 of the election; and
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WHEREAS, a map showing the Annexed Area and designated as Annexation
No. 03/04-01 (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:
R EC ITALS
SECTION 1. 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 24, 2004, 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).
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.
ANNEXED AREA
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 (1 5) days after the date of adoption of this
Resolution.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 (1 5) 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 20th day of April , 2004 by the following vote,
to wit:
AYES: Council :.Tembers Lewis, Finnil hin, Hall a
NOES: None
ABSENT: None
ATTEST:
547lAdQB-a
ORRAINE M. WOOD, City Clerk
(SEAL)
5
Exhibit A
Certificate of Election Official and Statement of Votes Cast
6
EXHIBIT “A”
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO
CITY OF CARLSBAD 1 ) ss.
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. 03/04-01
in such City, held February 24,2004.
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 : YES q%
NO 0
WITNESS my hand this %dayof ,20&.
H
STATE OF CALIFORNIA
7
Exhibit B
Annexation Map
E P
8
8 i
m