HomeMy WebLinkAboutResolution 2021-062PM RESOLUTION 2021-062
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 Canvass, finds it appropriate,
and wishes to complete its proceedings for the annexation of territory into the District.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the_ - City of
Atascadero:
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. 2021-030, 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. 23, and to Authorize the Levy of Special Taxes Therein" adopted by this City Council on
May 11, 2021.
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.
City of Atascadero
Resolution No. 2021-062
Page 2 of 2
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.
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 13th day of
July, 2021.
On motion by Mayor Pro Tem Newsom 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, Dariz, Funk, Newsom, and Mayor Moreno
NOES: None
ABSENT: None
ADOPTED: None
CITY OF ATASCADERO
2�)r-e��
Heather M reno, Mayor
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APPROVEDAS O FORM:
Brian Pierik, City Attorney
it
City of Atascadero
Community Facilities District No. 2005-1
(Public Services)
Annexation No. 23
CANVASS AND STATEMENT OF RESULT OF ELECTION
I hereby certify that on July 13, 2021, I canvassed the returns of the election held on July 13, 2021,
for the City of Atascadero Community Facilities District No. 2005-1 (Public Services)
Annexation No. 23 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:
Qualified
Landowner Votes Votes Votes
Votes CLq f.
City of Atascadero Community Facilities
District No. 2005-1 (Public Services)
Annexation No. 23 44 4 Q
Special Tax Election, July 13, 2021
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. 2021-030 adopted by the City Council on May 11, 2021 (the
'Resolution"), which is incorporated herein by this reference,
within the territory identified on the map entitled "Annexation YES:
Boundary Map No. 23 of Community Facilities District No. 2005-
1 (Public Services) City of Atascadero, County of San Luis NO: _
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 July 13, 2021.
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of Atascadero