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HomeMy WebLinkAbout2006-10-17; City Council; Resolution 2006-3001 RESOLUTION NO. 2006-300 2 RESOLUTION OF THE CITY COUNCIL OF THE CITY 3 OF CARLSBAD, CALIFORNIA, CERTIFYING THE RESULTS OF 4 AN ELECTION AND ADDING PROPERTY TO 5 COMMUNITY FACILITIES DISTRICT NO. 1 6 WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, 8 CALIFORNIA (the "City Council"), has previously formed a Community Facilities District 9 pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982", being 10 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 being designated as COMMUNITY FACILITIES DISTRICT NO. 1 (the "District"); and, 13" 14 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 16 annexed in the future was designated as COMMUNITY FACILITIES DISTRICT NO. 1, 17 FUTURE ANNEXATION AREA; and is" 19 WHEREAS, at this time the unanimous consent to the annexation of certain 20 territory to the District has been received from the property owner or owners of such 21 territory, and such territory has been designated as ANNEXATION NO. 06/07-01 (the 22 "Annexed Area"); and 23" 24 WHEREAS, less than twelve (12) registered voters have resided within the 25 territory of Annexed Area for each of the ninety (90) days preceding September 12, 26 2006, therefore, pursuant to the Act the qualified electors of the Annexed Area shall be 27 the "landowners" of such Annexed Area as such term is defined in Government Code 28 " Exhibit 1 1 Section 53317(f) and each such landowner who is the owner of record as of September 2 12, 2006, or the authorized representative thereof, shall have one vote for each acre or 3 portion of an acre of land that she or he owns within such Annexed Area; and 4 5 WHEREAS, the time limit specified by the Act for conducting an election to 6 submit the levy of the special taxes on the property within the Annexed Area to the 7 qualified electors of the Annexed Area and the requirements for impartial analysis and 8 ballot arguments have been waived with the unanimous consent of the qualified electors 9 of the Annexed Area; and 10 11 WHEREAS, the City Clerk of the City of Carlsbad has caused ballots to be 12 distributed to the qualified electors of the Annexed Area, has received and canvassed 13 such ballots and made a report to this City Council regarding the results of such canvas, 14 a copy of which is attached as Exhibit A hereto and incorporated herein by this 15 reference; and 16 17 WHEREAS, at this time the measure voted upon and such measure did receive 18 the favorable 2/3's vote of the qualified electors, and this City Council desires to declare 19 the results of the election; and 20 21 WHEREAS, a map showing the Annexed Area and designated as Annexation 22 No. 06/07-01 (the "Annexation Map"), a copy of which is attached as Exhibit B hereto 23 and incorporated herein by this reference, has been submitted to this legislative body. 24 25 26 27 28 Exhibit 1 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 2 California as follows: 3 RECITALS 4 5 SECTION 1. The above recitals are all true and correct. 6 7 FINDINGS 8 9 SECTION 2. That this legislative body does hereby further determine as follows: 10 11 A. The unanimous consent to the annexation of the Annexed Area to the District 12 has been given by all of the owners of the Annexed Area and such consent shall be 13 kept on file in the Office of the City Clerk. 14 15 B. Less than twelve (12) registered voters have resided within the territory of 16 Annexed Area for each of the ninety (90) days preceding September 12, 2006, 17 therefore, pursuant to the Act the qualified electors of the Annexed Area shall be the 18 "landowners" of such Annexed Area as such term is defined in Government Code 19 Section 53317(f). 20 21 C. The qualified electors of the Annexed Area have unanimously voted in favor of 22 the levy of special taxes within the Annexed Area upon its annexation to the District. 23 24 ANNEXED AREA 25 SECTION 3. The boundaries and parcels of territory within the Annexed Area 26 and on which special taxes will be levied in order to pay for the costs and expenses of 27 28 Exhibit 1 1 authorized public facilities are shown on the Annexation Map as submitted to and 2 hereby approved by this legislative body. 3 4 DECLARATION OF ANNEXATION 5 6 SECTION 4. This legislative body does hereby determine and declare that the 7 Annexed Area is now added to and becomes a part of the District. The City Council of 8 the City, acting as the legislative body of the District, is hereby empowered to levy the 9 authorized special tax within the Annexed Area. 10 11 NOTICE 12 13 SECTION 5. Immediately upon adoption of this Resolution, notice shall be given 14 as follows: 15 16 A. A copy of the annexation map as approved shall be filed in the Office of 17 the County Recorder no later than fifteen (15) days after the date of adoption of this 18 Resolution. 19 20 B. An Amendment to the Notice of Special Tax Lien (Notice of Annexation) 21 shall be recorded in the Office of the County Recorder no later than fifteen (15) days 22 after the date of adoption of this Resolution. 23 24 // 25// 26 ' 27 28 „ (P 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 17th day of October, 2006, by the following vote: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None LORAINE M. WOOD, City C(ef£v.sB (SEAL) '' Exhibit 1A Exhibit A Certificate of Election Official and Statement of Votes Cast Exhibit 1A 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. 06/07-01 in such City, held September 12, 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 /S day of xtf^i^U , 20 CTTY CLERIT' ELECTION OFFICIAL CITY OF CARLSBAD STATE OF CALIFORNIA Exhibit 1B Exhibit B Annexation Map Exhibit 1B \l >