HomeMy WebLinkAbout2015-08-25; City Council; Resolution 2015-221Exhibit 1
RESOLUTION NO. 2015-221
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2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CAUFORNIA, CERTIFYING THE RESULTS OF AN ELECTION AND
4 ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 1,
GOLDEN SURF, 6796 PASEO DEL NORTE, APN 214-531-51-00 LOTS
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WHEREAS, the CITY COUNCIL ofthe CITY OF CARLSBAD, CAUFORNIA (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
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2Q Government Code of the State of California, said Article 3.5 thereof. The existing Community
11 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
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17 WHEREAS, at this time the unanimous consent to the annexation of certain territory to
18 the District has been received from the property owner or owners of such territory, and such
territory has been designated as ANNEXATION NO. 14/15-01 (the "Annexed Area"); and
WHEREAS, less than twelve (12) registered voters have resided within the territory of
Annexed Area for each ofthe ninety (90) days preceding July 15, 2015, therefore, pursuant to the
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22 Act the qualified electors of the Annexed Area shall be the "landowners" of such Annexed Area
24 as such term is defined in Government Code Section 53317(f) and each such landowner who is
25 the owner of record as of July 15, 2015, or the authorized representative thereof, shall have one
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vote for each acre or portion of an acre of land that she or he owns within such Annexed Area;
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and
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Exhibit 1
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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 ofthe qualified electors ofthe Annexed Area; and
1 WHEREAS, the time limit specified by the Act for conducting an election to submit the
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^ WHEREAS, the City Clerk of the City of Carlsbad has caused ballots to be distributed to the
7 qualified electors of the Annexed Area, has received and canvassed such ballots and made a
8 report to this City Council regarding the results of such canvas, a copy of which is attached as
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J2 of the election; and
14 WHEREAS, a map showing the Annexed Area and designated as Annexation No. 14/15-01
15 (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:
RECITALS
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
21 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
27 Office of the City Clerk.
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Exhibit 1
1 B. Less than twelve (12) registered voters have resided within the territory of
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Annexed Area for each of the ninety (90) days preceding July 15,2015, 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).
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^ C. The qualified electors of the Annexed Area have unanimously voted in favor of the
7 levy of special taxes within the Annexed Area upon its annexation to the District.
8 ANNEXED AREA
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14 SECTION 4. This legislative body does hereby determine and declare that the Annexed Area is
15 now added to and becomes a part of the District. The City Council of the City, acting as the
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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
legislative body of the District, is hereby empowered to levy the authorized special tax within the
Annexed Area.
NOTICE
2Q SECTION 5. Immediately upon adoption of this Resolution, notice shall be given as follows:
21 A. A copy of the annexation map as approved shall be filed in the Office of the County
22 Recorder no later than fifteen (15) days after the date of adoption of this Resolution.
B. An Amendment to the Notice of Special Tax Uen (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.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 25**^ day of August, 2015, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Blackburn, Schumacher, Wood, Packard.
None.
ABSENT: None.
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, dty Clerk
(SEAL)
Exhibit B
Annexation Map
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