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Home My WebLink About2007-009 RESOLUTION NO. 2007-009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES), ANNEXATION NO. 10 (Campo / Tharp) WHEREAS, the City Council of the City of Atascadero (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 Government Code of the State of California, as amended, said Article 3.5 thereof. The existing Community Facilities District being designated as Community Facilities District No. 2005-1 (Public Services) (the "District"); and, WHEREAS, the City Council 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. 2005-1 (Public Services), Future Annexation Area (the "Future Annexation Area"); and, WHEREAS, at this time the unanimous consent to the annexation of certain territory within the Future Annexation Area to the District has been received from the property owner or owners of such territory, and such territory has been designated as Annexation No. 10 ("Annexed Area No. 10"); and, WHEREAS, there has not been at least twelve (12) registered voters residing within the territory of Annexed Area No. 10 for each of the ninety (90) days preceding February 27, 2007, therefore, pursuant to the Act the qualified electors of Annexed Area No. 10 shall be the "landowners" of Annexed Area No. 10 as such term- is defined in Government Code Section 53317(f) and each such landowner who is the owner of record as of February 27, 2007 or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within Annexed Area No. 10; and, WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the property within Annexed Area No. 10 to the qualified electors of Annexed Area No. 10 and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of Annexed Area No. 10; and, WHEREAS, the City Clerk of the City of Atascadero has caused ballots to be distributed to the qualified electors of Annexed Area No. 10, has received and canvassed such ballots and made a report to the City Council regarding the results of such canvas, a copy of which is attached as "Exhibit A"hereto and incorporated herein by this reference; and Resolution No. 2007-009 City of Atascadero Page 2 of 7 WHEREAS, at this time the measure voted upon and such measure did receive unanimous approval of the qualified electors, pursuant to Government Code Section 53339.3(b), and the City Council desires to declare the results of the election; and WHEREAS, a map showing Annexed Area No. 10 and designated as Annexation No. 10 (the "Annexation Map"), a copy of which is attached as "Exhibit B" hereto and incorporated herein by this reference, and a list of Assessor Parcel Numbers and landowners, a copy of which is attached as "Exhibit C"hereto and incorporated herein by this reference, has been submitted to the City Council. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of Atascadero as follows: SECTION 1: Recitals. The above recitals are all true and correct. SECTION 2: Findings. This City Council does hereby determine as follows: 1. The unanimous consent to the annexation of Annexed Area No. 10 to the District has been given by all of the owners of Annexed Area No. 10 and such consent shall be kept on file in the Office of the City Clerk; and, 2. There has not been at least twelve (12) registered voters residing within the territory of Annexed Area No. 10 for each of the ninety (90) days preceding February 27, 2007 therefore, pursuant to the Act the qualified electors of Annexed Area No. 10 shall be the "landowners" of such Annexed Area No. 10 as such term is defined in Government Code Section 53317(f); and, 3. The qualified electors of Annexed Area No. 10 have unanimously voted in favor of the levy of special taxes within Annexed Area No. 10 upon its annexation to the District. SECTION 3: Annexed Area No. 10. The boundaries and parcels of territory within Annexed Area No. 10 and on which special taxes will be levied in order to pay for the costs and expenses of authorized public services are shown on the Annexation Map as submitted to and hereby approved by this City Council. SECTION 4: Declaration Of Annexation. The City Council does hereby determine and declare that Annexed Area No. 10 is now added to and becomes a part of the District. The City Council, acting as the Governing Agency of the District, is hereby empowered to levy the authorized special tax within Annexed Area No. 10. SECTION 5: Notice. Immediately upon adoption of this Resolution, notice shall be given as follows: 1. A copy of the annexation map as approved shall be filed in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution. Resolution No. 2007-009 City of Atascadero Page 3 of 7 2. An Amendment to the Notice of Special Tax Lien (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. On motion by Council Member O'Malley and seconded by Council Member Clay, the foregoing Resolution is hereby adopted in its entirety on this 27`x' day of February, 2007, on the following roll call vote: AYES: Council Members Beraud, Brennler, Clay, O'Malley and Mayor Luna NOES: None ABSENT: None ADOPTED: February 27, 2007 CY OF ATA ADERO By: l ( C,�^+� ! Dr. Ge`rge Luna, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPRO V AS TO }iatric `E fit, City Attorney �r Resolution No. 2007-009 City of Atascadero Page 4 of 7 �r EXHIBIT A Certificate of Election Official and Statement of Votes Cast Resolution No.2007-009 City of Atascadero Page 5 of 7 Certificate of Election Official and Statement of Votes Cast STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO) ss. CITY OF ATASCADERO ) The undersigned, Election Council of the City of Atascadero, County of San Luis Obispo, 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 ATASCADERO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES) ANNEXATION NO. 10 SPECIAL ELECTION in the City of Atascadero, held on February 27, 2007. 1 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. 2005-1 (Public ►° Services) of the City of Atascadero for or against the Measure are full, true and correct. VOTES CAST ON PROPOSITION A: YES X NO VOTES CAST ON PROPOSITION B: YES X NO WITNESS my hand this 27th day of February, 2007 Marcia McClure Torgerson, C.NA.C., ity Clerk City of Atascadero Resolution No-2007-009 City of Atascadero page 6 of 7 EXHIBIT B r Annexation Map Isis t ts if 3% 's 7 �1 fit! � U O � r p N � D OW Z 7- LL u_ Z Z N 4 oma=' �om � o rw Qo oa U N O Qco U- 0 • Resolution No. 2007-009 City of Atascadero Page 7 of 7 EXHIBIT C List of Properties to be Annexed APN s Landowner(s) 049-022-011 Gary and Mary Tharp