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HomeMy WebLinkAboutResolution 2020-076RESOLUTION NO. 2020-076 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ANNEXATION LANDOWNER ELECTION, DETERMINING VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING THE RECORDING OF AN AMENDMENT TO NOTICE OF SPECIAL TAX LIEN WHEREAS, under the Mello -Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the "Act'), the City Council of the City of Atascadero (the "City") previously conducted proceedings to establish the City of Atascadero Community Facilities District No. 2005-1 (Public Services) (the "District'), and WHEREAS, in proceedings conducted by this City Council pursuant to the Act, this City Council has adopted a Resolution entitled "Resolution of the City Council of the City of Atascadero, California, Authorizing the Annexation of Territory into Community Facilities District No. 2005-1 (Public Services), Authorizing the Levy of a Special Tax, and Submitting the Levy of Special Tax to Qualified Electors" (the "Resolution of Annexation"), which called for a special election of the qualified landowner electors in the territory of land proposed to be annexed to the District; and WHEREAS, pursuant to the terms of the Resolution of Annexation, which is by this { reference incorporated herein, the special election has been held and the City Clerk has on file a Canvass and Statement of Results of Election, (the "Canvass") a copy of which is attached hereto as Exhibit A; and WHEREAS, this City Council has been informed of the Cahvass finds it appropriate, and wishes to complete its proceedings for the annexation of territory intoe District. NOW, THEREFORE BE IT RESOLVED, by the City Council o* City,of Ataseadero: SECTION 1. The above recitals are true and correct. SECTION 2. The issue presented at the special election was the levy of a special tax within the territory annexed to the District, to be levied in accordance with the formula heretofore approved by this City Council, all as described in Resolution No. 2020-067, entitled "Resolution of the City Council of the City of Atascadero, California, Declaring its Intention to Annex Territory into Community Facilities District No. 2005-1 (Public Services) as Annexation No. 21, and to Authorize the Levy of Special Taxes Therein" adopted by this City Council on September 22, 2020. SECTION 3. Pursuant to the Canvass on file with the City Clerk, the issue presented at the special election was approved by the landowners of the territory annexed to the District by more PERspecial two-thirds (2/3) of the votes cast at the special election. SECTION 4. Pursuant to the voter approval, the annexed territory is hereby declared to be fully annexed to and part of the District and this City Council may levy special taxes therein as heretofore provided in these proceedings. City of Atascadero Resolution No. 2020-076 Page 2 of 2 SECTION 5. It is hereby found that all prior proceedings and actions taken by this City Council with respect to the District and the territory annexed thereto were valid and in conformity with the Act. SECTION 6. Within 15 days of the date of adoption hereof, the City Clerk shall execute and cause to be recorded in the office of the County Recorder of the County of San Luis Obispo, an Amendment to Notice of Special Tax Lien, as required by Section 53328.3 of the Act. SECTION 7. This Resolution shall take effect upon its adoption. PASSED AND ADOPTED at a regular meeting of the City Council held on the 27th day of October, 2020. On motion by Council Member Fonzi and seconded by Council Member Funk the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Bourbeau, Fonzi, Funk, Newsom and Mayor Moreno NOES: None ABSENT: None ABSTAIN: None CITY OF ATASCADERO =�� Heather Moreno, Mayor ATTEST;;, v AP'T APPROVED J Brian A. Pierik, City Attorney W 1W4a all :]tfIG1 City of Atascadero Community Facilities District No. 2005-1 (Public Services) Annexation No. 21 CANVASS AND STATEMENT OF RESULT OF ELECTION I hereby certify that on October 27, 2020, I canvassed the returns of the election held on October 27, 2020, for the City of Atascadero Community Facilities District No. 2005-1 (Public Services) Annexation No. 21 and the total number of votes cast in such election and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct: City of Atascadero Community Facilities District No. 2005-1 (Public Services) Annexation No. 21 Special Tax Election, October 27, 2020 Qualified Landowner Votes Votes Votes 3 QW -QW YTS 12 I .j— BALLOT MEASURE: Shall the City Council of the City of Atascadero be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Resolution No. 2020-067 adopted by the City Council on September 22, 2020 (the 'Resolution"), which is incorporated herein by this reference, within the territory identified on the map entitled "Annexation Boundary Map No. 21 of Community Facilities District No. 2005-1 (Public Services) City of Atascadero, County of San Luis Obispo, State of California" to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses). YES: NO: IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND_ onOctober 27, 2020. Lara K. C skensen, ;F City-bf Atascadero