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Home My WebLink About2006-011 t RESOLUTION NO 2006-011 A 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 1 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, said Article 3.5 thereof. The existing Community Facilities District being designated as COMMUNITY FACILITIES DISTRICT NO 2005-1 (PUBLIC SERVICES) ("CFD No 2005-1"), and, WHEREAS, the City Council initiated proceedings to annex certain territory to COMMUNITY FACILITIES DISTRICT NO 2005-1 (PUBLIC SERVICES), ("Annexation No I"), and WHEREAS, at this time the unanimous consent to the annexation of Annexation No 1 has been received from the property owner or owners of such territory; and WHEREAS, less than twelve (12) registered voters have resided within the territory of Annexed Area for each of the ninety (90) days preceding January 24, 2006, therefore, pursuant to the Act the qualified electors of Annexation No 1 shall be the "landowners" of Annexation No las such term is defined in Government Code Section 53317(f) and each such landowner who is the owner of record, 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 Annexation No 1, 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 Annexation No 1 to the qualified electors of Annexation No land the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of Annexation No 1, and WHEREAS, the City Clerk of the City of Atascadero has caused ballots to be distributed to the qualified electors of Annexation No 1, 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 City of Atascadero Resolution No.2006-011 Page 2 of 6 WHEREAS, at this time the measure voted upon and such measure did receive the favorable 2/3's vote of the qualified electors, and the City Council desires to declare the results of the election, and WHEREAS, a map showing the territory to be annexed and designated as Annexation No 1 (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, 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 Findings. This City Council does hereby determine as follows A. The unanimous consent to the annexation of Annexation No 1 to CFD No 2005-1 has been given by all of the owners within Annexation No 1 and such consent shall be kept on file in the Office of the City Clerk. B Less than twelve (12) registered voters have resided within the territory of Annexation No 1 for each of the ninety (90) days preceding January 24, 1%W 2006, therefore, pursuant to the Act the qualified electors of Annexation No 1 shall be the "landowners" of such Annexation No 1 as such term is defined in Government Code Section 53317(f) C The qualified electors of Annexation No I have unanimously voted in favor of the levy of special taxes within Annexation No I upon its annexation to CFD No 2005-1 Section 3 Annexed Area. The boundaries and parcels of territory within Annexation No 1 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 Annexation No 1 is now added to and becomes a part of CFD No 2005-1 The City Council, acting as the legislative body of CFD No 2005-1, is hereby empowered to levy the authorized special tax within Annexation No 1 Section 5 Notice. Immediately upon adoption of this Resolution, notice shall be given as follows D 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 r (15) days after the date of adoption of this Resolution. City of Atascadero Resolution No.2006-011 Page 3 of 6 .r On motion by Council Member Scalise and seconded by Council MemberClay, 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 CITY OF ATASCADERO By Tom O'Malley, Mayor Attest: Marcia McClure Torgerson, C.M.0 , * Clerk APPROV9D AS TO FORM. Patriclf�: En t, City Attorney City of Atascadero Resolution No.2006-011 Page 4 of 6 Exhibit A Certificate of Election Official and Statement of Votes Cast STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) ss. CITY OF ATASCADERO ) The undersigned, ELECTION OFFICIAL 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) SPECIAL ELECTION ANNEXATION NO 1 in the City, held on January 24, 2006 I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed, Annexation No 1, 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 I YES 27 NO 0 VOTES CAST ON PROPOSITION 2 YES 27 NO 0 WITNESS my hand this X day of , 006 Marcia McClure Torgerson, C.M.0 , C Clerk City of Atascadero City of Atascadero Resolution No.2006-011 Page 5 of 6 Exhibit B Annexation Map ........ ....... ..................... BOUNDARY MAP OF ANNEXATION NO 1 TO CITY OF ATASCADER0 COMMUNITY FACILITIES DISTRICT 2005-1 (PUBLIC SERVICES) (-Fdmoa 2 uj CT/QT ATA9CJJ1Eg0 I4{ of cufawu. *4*JW 3 LEGEND: ASMT ASSESSOR'S NO. PARCEL NO. BOUNDARY 1 049-042-015 2 049 101-009 ASSESSMENT NUMBER 3 049 10 1-0 10 n,!!L.Financial BOUNDARY MAP OF ANNEXATION NO 1 TO CITY OF ATASCADERO COMMUNITY FACILITIES DISTRICT 2005-1 (PUBLIC SERVICES) 0 QFILED IN THE OFFICEOF THE CITY CLERK THIS DAY OF 2906. I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF ANNEXATION NO.1 TO THE CITY OF ATASCADERO SANTA CRUZ RD. COMMUNITY FACILITIES DISTRICT NO.200&1(PUBLIC SERVICES), COUNTY OF SAN LOUIS OBISPO.STATE OF CALIFORNIA,WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF ATASCADERO AT A REGULAR MEETING THEREOF,HELD ON THE_DAY OF 2906,BY ITS RESOLUTION NO. CITY CLERK CITY OF ATASCAUERO FILED THIS_DAY OF 2006,AT THE HOUR OF O'CLOCK .M.IN BOOK PAGE OF MAPS OF ASSESSMENTS AND COMMUNITY FACILITIES DISTRICTS AND AS INSTRUMENT NO. IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF SAN LOUIS OBISPO,STATE OF CALIFORNIA COUNTY RECORDER COUNTY OF SAN LOUIS OBISPO OSTATE OF CALIFORNIA 1 REFERENCE IS MADE TO THAT BOUNDARY MAP OF CRY OF ATASCADERO COMMUNITY FACILITIES DISTRICT NO.20061(PUBLIC SERVICES) O RECORDED WITHTHE SAW LOUIS OBISPO COUNTY RECORDER'S OFFICE ON MAY 9,2006, 00 DOCUMENT NO.25437685,IN BOOK 5 PAGES 11-13 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS. THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ON THIS 3 DIAGRAM SHALL BE THOSE LINES AND DIMENSIONS AS SHOWN ON THE SAN LOUIS OBISPO COUNTY ASSESSORS MAPS FOR THOSE PARCELS LISTED. THEE SAN LOUIS OBISPO COUNTY ASSESSORS MMS SHALL GOVERN FOR ALL DETAILS CONCERNING THE LINES AND DIMENSIONS OF SUCH LOTS OR PARCELS. G P N Z Z 'yam 0 nw 1 LEGEND: ASMT ASSESSOR'S NO PARCEL NO BOUNDARY 1 049-042-015 ASSESSMENT NUMBER 2 049-101-009 RP MuniFinancial 3 04 9-1 01-0 1 0 0m00-!N/ Yeo.. a7-1660 hs(06LI 007-7610 City of Atascadero Resolution No.2006-011 Page 6 of 6 Exhibit C List of Properties to be Annexed APN(S) Landowners 049-101-009 DA Fetyko 049-101-010 DA Fetyko 049-042-015 DA Fetyko