HomeMy WebLinkAbout2005-10-04; City Council; Resolution 2005-3021
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Exhibit 4
RESOLUTION NO. 2005-302
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DECLARING THE NECESSITY
OF COMMUNITY FACILITIES DISTRICT NO. 3 OF THE CITY
OF CARLSBAD TO INCUR A BONDED INDEBTEDNESS
FOR IMPROVEMENT AREA NO. 1 AND IMPROVEMENT
AREA NO. 2 THEREOF TO BE SECURED BY SPECIAL
TAXES LEVIED WITHIN EACH SUCH IMPROVEMENT AREA
TO PAY FOR THE ACQUISITION OR CONSTRUCTION OF
CERTAIN PUBLIC FACILITIES
WHEREAS, the City Council of the City of Carlsbad, California (the “City Council”),
pursuant to the request of pursuant to the request of Palomar Forum Associates L.P., a
California limited partnership (“Forum”), Fenton Raceway LLC, a California limited liability
company (“Raceway”), Carlsbad Oaks North Partners, L.P., a California limited partnership
(“Oaks North”) and Techbilt Construction Corp., a California corporation, the owners andlor
developers of certain real property located in the City, has initiated proceedings to establish a
community facilities district and to designate two improvement areas therein pursuant to the
terms and 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 (the “Act”), to include
such property and to finance the acquisition or construction of the public facilities described in
Exhibit A attached hereto and incorporated herein by this reference (the “Facilities”). This
Community Facilities District shall hereinafter be referred to as Community Facilities District No.
3 (the “District”) and the improvement areas shall be designated as Improvement Area No. 1 and
Improvement Area No. 2 respectively (each, an “Improvement Area” and collectively, the
“Improvement Areas”); and,
WHEREAS, it is the intention of this legislative body to finance the acquisition or
construction of the Facilities from the proceeds of bonds to be issued by the District for each
Improvement Area, such bonds to be secured by special taxes to be levied on taxable property
within the applicable Improvement Area, all as authorized pursuant to the Act.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
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Exhibit 4
1.
2.
Recitals. The above recitals are all true and correct.
Declaration of Public Convenience and Necessity. This City Council declares that
the public convenience and necessity requires that a bonded indebtedness be incurred by the
District for each Improvement Area to finance the acquisition or construction of the Facilities.
3. Purpose of the Proposed Indebtedness. The purpose of the proposed
indebtedness of the District for each Improvement Area is to finance the acquisition or
construction of the Facilities, fund a reserve fund, fund capitalized interest and pay for the costs
of forming the District, issuing the bonds and administering the bonds and the District during the
initial fiscal year following the issuance of the bonds.
4. Maximum Principal Amount of the Proposed Indebtedness. The amount of the
bonded indebtedness of the District for each Improvement Area may include all costs and
estimated costs incidental to, or connected with, the accomplishment of the purpose for which
the indebtedness is proposed to be incurred as authorized pursuant to the Act. The maximum
principal amount of the indebtedness proposed to be authorized to be issued by District for each
Improvement Area is as follows:
Improvement Area No. 1 - $14,000,000
Improvement Area No. 2 - $21,000,000
5. Public Hearing. NOTICE IS GIVEN THAT 3n November 8, 2005, at the hour of
6:OO o'clock p.m., in the regular meeting place of the City Council being the Council Chambers,
City Hall, located at 1200 Carlsbad Village Drive, Carlsbad, California, a public hearing will be
held on the intention of this legislative body to incur a bonded indebtedness of the District for
each Improvement Area for the purposes described in Section 3 above, such indebtedness to be
secured by the levy of special taxes within each respective Improvement Area. At the time and
place fixed for said public hearing any persons interested, including persons owning property
within the District, may appear and present any matters relating to the proposed intention and
necessity for incurring a bonded indebtedness of the District for the Improvement Areas.
6. Notice of the Public Hearina. Notice of the time and place of the public hearing
shall be given by the City Clerk by causing the publication of a Notice of Public Hearing in the
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Exhibit 4
legally designated newspaper of general circulation, such publication pursuant to Section 6061
of the Government Code, with such publication to be completed at least seven (7) days prior to
the date set for the public hearing.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 4th day of October , 2005 by the following vote, to wit:
/\ AYES: Council Members Lewis, Hall, Packard, Sigafoose
NOES: None
ABSENT: Council Member Kulchin
ATTEST:
(SEAL)