HomeMy WebLinkAbout2006-06-27; City Council; Resolution 2006-178Exhibit 1
1 RESOLUTION NO. 2006-178
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, CERTIFYING THE
3 RESULTS OF AN ELECTION AND ADDING PROPERTY
4 TO COMMUNITY FACILITIES DISTRICT NO. 1
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6 WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
7 CALIFORNIA (the "City Council"), has previously formed a Community Facilities District
8 pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982", being
9 Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of
10 California, said Article 3.5 thereof. The existing Community Facilities District being
H designated as COMMUNITY FACILITIES DISTRICT NO. 1 (the "District"); and,
12 WHEREAS, the legislative body has also established a procedure to allow and
13 provide for future annexations to the District and the territory proposed to be so
14 annexed in the future was designated as COMMUNITY FACILITIES DISTRICT NO. 1,
15 FUTURE ANNEXATION AREA; and
16 WHEREAS, at this time the unanimous consent to the annexation of certain
17 territory to the District has been received from the property owner or owners of such
18 territory, and such territory has been designated as ANNEXATION NO. 05/06-03 (the
19 "Annexed Area"); and
20 WHEREAS, less than twelve (12) registered voters have resided within the
21 territory of Annexed Area for each of the ninety (90) days preceding January 30, 2006,
22 therefore, pursuant to the Act the qualified electors of the Annexed Area shall be the
23 "landowners" of such Annexed Area as such term is defined in Government Code
24 Section 53317(f) and each such landowner who is the owner of record as of January 30,
25 2006, or the authorized representative thereof, shall have one vote for each acre or
26 portion of an acre of land that she or he owns within such Annexed Area; and
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Exhibit 1
1 WHEREAS, the time limit specified by the Act for conducting an election to
2 submit the levy of the special taxes on the property within the Annexed Area to the
3 qualified electors of the Annexed Area and the requirements for impartial analysis and
4 ballot arguments have been waived with the unanimous consent of the qualified electors
5 of the Annexed Area; and
6 WHEREAS, the City Clerk of the City of Carlsbad has caused ballots to be
7 distributed to the qualified electors of the Annexed Area, has received and canvassed
8 such ballots and made a report to this City Council regarding the results of such canvas,
9 a copy of which is attached as Attachment A hereto and incorporated herein by this
10 reference; and
11 WHEREAS, at this time the measure voted upon and such measure did receive
12 the favorable 2/3's vote of the qualified electors, and this City Council desires to declare
13 the results of the election; and
14 WHEREAS, a map showing the Annexed Area and designated as Annexation
15 No. 05/06-03 (the "Annexation Map"), a copy of which is attached as Attachment B
16 hereto and incorporated herein by this reference, has been submitted to this legislative
17 body.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of19
Carlsbad, California, as follows:
21 1. The above recitals are all true and correct.
22 2. That this legislative body does hereby further determine as follows:
23 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
2*5 such consent shall be kept on file in the Office of the City Clerk.
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Exhibit 1
1 B. Less than twelve (12) registered voters have resided within the
2 territory of Annexed Area for each of the ninety (90) days preceding
3 January 30, 2006, therefore, pursuant to the Act the qualified electors of
4 the Annexed Area shall be the "landowners" of such Annexed Area as
5 such term is defined in Government Code Section 53317(f).
6 C. The qualified electors of the Annexed Area have unanimously voted
7 in favor of the levy of special taxes within the Annexed Area upon its
8 annexation to the District.
9 3. The boundaries and parcels of territory within the Annexed Area and on
10 which special taxes will be levied in order to pay for the costs and
11 expenses of authorized public facilities are shown on the Annexation Map
12 as submitted to and hereby approved by this legislative body.
13 4. This legislative body does hereby determine and declare that the Annexed
14 Area is now added to and becomes a part of the District. The City Council
15 of the City, acting as the legislative body of the District, is hereby
16 empowered to levy the authorized special tax within the Annexed Area.
17 5. Immediately upon adoption of this Resolution, notice shall be given as
18 follows:
19 A. A copy of the annexation map as approved shall be filed in the
20 Office of the County Recorder no later than fifteen (15) days after the date
21 of adoption of this Resolution.
22 B. An Amendment to the Notice of Special Tax Lien (Notice of
23 Annexation) shall be recorded in the Office of the County Recorder no
24 later than fifteen (15) days after the date of adoption of this Resolution.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 27th day of June, 2006, by the following vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: None
ATTEST:
Attachment A
EXHIBIT "A"
CERTIFICATE OF ELECTION OFFICIAL
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. 05/06-03
in such City, held January 30, 2006.
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
NO
WITNESS my hand this 3rd day of February 20 06 .
ELECTION OFFICIAL
CITY OF CARLSBAD
STATE OF CALIFORNIA
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Attachment B