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HomeMy WebLinkAbout2006-009 1 RESOLUTION 2006-009 *awl RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO 2005-1 AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS WHEREAS, this Council, on December 13, 2005, adopted Resolution No 2005-99 (the "Resolution of Intention") stating its intention to annex territory to City of Atascadero Community Facilities District No 2005-1 (Public Services) ("CFD No 2005-1"), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended(the "Act"), WHEREAS, a copy of the Resolution of Intention, which states the authorized services to be provided and financed by CFD No 2005-1, and a description and map of the proposed boundaries of the territory to be annexed to CFD No 2005-1 ("Annexation No 1"), is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein, WHEREAS, on the 24th of January, 2006, this Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to CFD No 2005-1, WHEREAS, at said hearing all interested persons desiring to be heard on all matters pertaining to the annexation of territory to CFD No 2005-1 and the levy of said special taxes within the area proposed to be annexed were heard and a full and fair hearing was held, WHEREAS, prior to the time fixed for said hearing, written protests had not been filed against the proposed annexation of territory to CFD No 2005-1 by (1) 50% or more of the registered voters, or six registered voters, whichever is more, residing in CFD No 2005-1, or (ii) 50% or more of the registered voters, or six registered, whichever is more, residing in the territory proposed to be annexed to CFD No 2005-1, or (iii) owners of one-half or more of the area of land in the territory proposed to be annexed to CFD No 2005-1, and WHEREAS, a boundary map for Annexation No 1 to CFD No 2005-1 has been filed with the County Recorder of the County of San Luis Obispo, which map shows the territory to be annexed in these proceedings, and a copy thereof is on file with the City Clerk. City of Ataseadero Resolution No.2006-009 Page 2 of 4 NOW, THEREFORE, IT IS HEREBY RESOLVED DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF ATASCADERO SECTION 1 Recitals. The above recitals are all true and correct. SECTION 2 Authorization. All prior proceedings taken by this Council with respect to CFD No 2005-1 and the proposed annexation of territory thereto have been duly considered and are hereby determined to be valid and in conformity with the Act. SECTION 3 Boundaries. The description and map of the boundaries of the territory to be annexed to CFD No 2005-1, on file with the City Clerk are hereby finally approved, are incorporated herein by reference, and shall be included within the boundaries of CFD No 2005-1, and said territory is hereby annexed to CFD No 2005-1, subject to voter approval of the levy of the special taxes therein as hereinafter provided. SECTION 4 Services. The services which CFD No 2005-1 is authorized to finance are in addition to those provided in or required for the territory within CFD No 2005-1 and the territory to be annexed to CFD No 2005-1 and will not be replacing services already available A general description of the services to be financed is as follows POLICE AND FIRE SERVICES Police services and fire protection and suppression services (the "Services") of the City of Atascadero required to sustain the service delivery capability for emergency and non-emergency services to new growth areas of the City of Atascadero, including but not limited to, related facilities, equipment, vehicles, ambulances and paramedics, fire apparatus, services, supplies and personnel, provided, however, that any increases in special taxes for costs related to employee wages and benefits shall be limited as provided in the Rate and Method of Apportionment of the Special Taxes to fund such Services. PARK SERVICE Park services of the City of Atascadero required for the operation and maintenance of public parks SECTION 5 Special Taxes. It is the intention of this legislative body that, except where funds are otherwise available, a special tax sufficient to pay for said services to be provided in CFD No 2005-1 and the territory proposed to be annexed as part of Annexation No 1, secured by recordation of a continuing lien against all non-exempt real property in Annexation No 1, will be levied annually within the boundaries of Annexation No 1 from and after the annexation of such property to CFD No 2005-1 The special taxes shall be those as originally authorized through the formation of CFD No 2005-1 and adopted by Ordinance of this legislative body and no changes or City of Atascadero Resolution No.2006-009 Page 3 of 4 modifications are proposed in the special taxes from those as originally set forth and made applicable to CFD No 2005-1 For particulars as to the rate and method of apportionment of the proposed special tax (the "RMA"), reference is made to the attached and incorporated Exhibit"A," which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the Annexation No 1 to clearly estimate the maximum annual amount that said person will have to pay on said special tax. SECTION 6 Election. The provisions of the Resolution of Intention of the City each as heretofore adopted by this Council are by this reference incorporated herein, as if fully set forth herein. Pursuant to the provisions of the Act, the proposition of the levy of the special tax within Annexation No 1 shall be submitted to the voters within Annexation No 1 at an election called therefore as hereinafter provided. This Council hereby finds that fewer than 12 persons have been registered to vote within Annexation No 1 for each of the 90 days preceding the close of the hearing heretofore conducted and concluded by this Council for the purposes of these annexation proceedings Accordingly, and pursuant to Section 53326 of the Act, this Council finds that for purposes of these proceedings the qualified electors are the landowners within Annexation No 1 and that the vote shall be by said landowners, each having one vote for each acre or each acre or portion thereof such landowner owns in Annexation No 1 Pursuant to Section 53326 of the Act, the election shall be conducted by mail ballot under section 1340 of the California Elections Code. The Council called a special election to consider the measures described and incorporated as Exhibit `B," which election was held on January 24, 2005 ("Election Day") The City Clerk was the election official to conduct the election and provided each landowner in the territory to be annexed to CFD No 2005-1, a ballot in the form of Exhibit"B", which form is hereby approved. The City Clerk has accepted the ballots of the qualified electors received prior to 7 00 o'clock p.m. on Election Day, whether received by mail or by personal delivery This Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days to elapse before said election is for the protection of voters, that the voters have waived such requirement and the date for the election hereinabove specified is established accordingly City of Atascadero Resolution No.2006-009 Page 4-of 4 On motion by Council Member Scalise and seconded by Council Member Pacas, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote AYES Council Members Clay, Luna, Pacas, Scalise and Mayor O'Malley NOES None ABSENT None ADOPTED January 24, 2006 C Y OF ATASCADERO By �Vx_ Tom O'Malley, Mayor Attest: Marcia McClure Torgerson, C.M.0 City Clerk APPR07D AS TP:FORM. C / Patrjick L.3 right, City Attorney