HomeMy WebLinkAboutResolution 2020-077RESOLUTION NO. 2020-077
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 Canvaass,'finds it appropriate,
and wishes to complete its proceedings for the annexation of territory_into t1Lt Distfict.
NOW, THEREFORE BE IT RESOLVED, by the City Council of>Yie City of-Atascadero:
_ y �
SECTION 1. The above recitals are true and correct. �-
SECTION 2. The issue presented at the special election was the levy_fa special tax
within the territory annexed to the District, to be levied in accordance with the forinula heretofore
approved by this City Council, all as described in Resolution No. 2020-068, 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. 22, 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
than 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. 2020-077
Page 2 of 2
SECTION 5. It is hereby found that all prior proceedings and actions taken by this City w
Council with respect to the District and the territory annexed thereto were valid and in conformity I
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
M
11R^MAW
VP
[ Cht�tyClerk
R®WE D/A�S i O ;FORM:
Brian A. Pierik, City Attorney
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EXHIBIT A
City of Atascadero
Community Facilities District No. 2005-1
(Public Services)
Annexation No. 22
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. 22 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:
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. 2020-068 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 YES:
"Annexation Boundary Map No. 22 of Community Facilities
District No. 2005-1 (Public Services) City of Atascadero, County NO:
of San Luis Obispo, State of California" to finance certain
services as set forth in Section 4 to the Resolution (including
incidental expenses).
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY -HAND on October 27, 2020.
By:
n K. Gln} City rk;C.ity of Atascadero
Qualified
Landowner Votes Votes Votes
Yalu Sit Y rL2
City of Atascadero Community Facilities
District No. 2005-1 (Public Services)
Annexation No. 22
2 x
Special Tax Election, October 27, 2020
2
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. 2020-068 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 YES:
"Annexation Boundary Map No. 22 of Community Facilities
District No. 2005-1 (Public Services) City of Atascadero, County NO:
of San Luis Obispo, State of California" to finance certain
services as set forth in Section 4 to the Resolution (including
incidental expenses).
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY -HAND on October 27, 2020.
By:
n K. Gln} City rk;C.ity of Atascadero