HomeMy WebLinkAbout2006-063 RESOLUTION NO 2006-063
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 2
(Morro Road / Gearhart)
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 2
("Annexed Area No 2"), and
WHEREAS, there has not been at least twelve (12) registered voters residing
within the territory of Annexed Area No 2 for each of the ninety (90) days preceding June 27,
2006, therefore, pursuant to the Act the qualified electors of Annexed Area No 2 shall be the
"landowners" of Annexed Area No 2 as such term is defined in Government Code Section
53317(f) and each such landowner who is the owner of record as of June 27, 2006 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 2, 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 2 to the qualified
electors of Annexed Area No 2 and the requirements for impartial analysis and ballot arguments
have been waived with the unanimous consent of the qualified electors of Annexed Area No 2,
and
WHEREAS, the City Clerk of the City of Atascadero has caused ballots to be
distributed to the qualified electors of Annexed Area No 2, has received and canvassed such
ballots and made a report to the City Council regarding the results of such canvas, a copy of
fir° which is attached as `Exhibit A"hereto and incorporated herein by this reference, and
City of Atascadero
Resolution No.2006-063
Page 2 of 7
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 Annexed Area No 2 and designated as Annexation
No 2 (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 subrmtted 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
A The unanimous consent to the annexation of Annexed Area No 2
to the District has been given by all of the owners of Annexed Area No 2 and such
consent shall be kept on file in the Office of the City Clerk.
B There has not been at least twelve (12) registered voters residing
within the territory of Annexed Area No 2 for each of the ninety (90) days preceding
June 27, 2006 therefore, pursuant to the Act the qualified electors of Annexed Area No 2
shall be the "landowners" of such Annexed Area No 2 as such term is defined in
Government Code Section 53317(0
C The qualified electors of Annexed Area No 2 have unanimously
voted in favor of the levy of special taxes within Annexed Area No 2 upon its annexation
to the District.
Section 3 Annexed Area No 2. The boundaries and parcels of territory within Annexed
Area No 2 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 2 is now added to and becomes a part of the District. The City Council,
acting as the City Council of the District, is hereby empowered to levy the authorized special tax
within Annexed Area No 2
Section 5 Notice. Immediately upon adoption of this Resolution, notice shall be given as
follows
A. A copy of the annexation map as approved shall be filed in the
**A,. Office of the County Recorder no later than fifteen (15) days after the date of adoption of
this Resolution
City of Atascadero
Resolution No.2006-063
Page 3 of 7
®rrB 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 Luna and seconded by Council Member Clay, the foregoing
Resolution is hereby adopted in its entirety on the following roll call vote
AYES Council Members Clay, Luna,Pacas and Mayor O'Malley
NOES None
ABSENT None
ADOPTED- June 27, 2006
CM'"_F ATASC O
By-
Tom O'Malley,Mayo
ATTEST -
Marcia McClure Torgerson, C.M.0
City Clerk
APPRO� D AS TO FORM.
i
15atrick nn LyEity Attorney
EXHIBIT A
Certificate of Election Official and Statement of Votes Cast
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 2
SPECIAL ELECTION
in the City of Atascadero, held on June 27, 2006
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.
j
VOTES CAST ON PROPOSITION A YES
NO
VOTES CAST ON PROPOSITION B YES
NO —
WITNESS
OWITNESS my hand this. / day of Y2006
City Clerk
City of Atascadero
EXHIBIT B
Annexation Map
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EXHIBIT C
List of Properties to be Annexed
List of Properties to be Annexed
APN s Landowner(s)
031-242-012 MORRO ROAD HOMES, LLC
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