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Home My WebLink About2006-079 RESOLUTION NO 2006-079 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 5 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 5 ("Annexed Area No 5"), and WHEREAS, there has not been at least twelve (12) registered voters residing within the territory of Annexed Area No 5 for each of the ninety (90) days preceding August 8, 2006, therefore, pursuant to the Act the qualified electors of Annexed Area No 5 shall be the "landowners" of Annexed Area No 5 as such term is defined in Government Code Section 53317(f) and each such landowner who is the owner of record as of August 8, 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 5, 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 5 to the qualified electors of Annexed Area No 5 and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of Annexed Area No 5, and WHEREAS, the City Clerk of the City of Atascadero has caused ballots to be distributed to the qualified electors of Annexed Area No 5, 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.2006-079 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 5 and designated as Annexation No 5 (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 A. The unanimous consent to the annexation of Annexed Area No 5 to the District has been given by all of the owners of Annexed Area No 5 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 5 for each of the ninety (90) days preceding %W August 8, 2006 therefore, pursuant to the Act the qualified electors of Annexed Area No 5 shall be the "landowners" of such Annexed Area No 5 as such term is defined in Government Code Section 53317(f) C The qualified electors of Annexed Area No 5 have unanimously voted in favor of the levy of special taxes within Annexed Area No 5 upon its annexation to the District. Section 3 Annexed Area No 5. The boundaries and parcels of territory within Annexed Area No 5 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 5 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 5 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 Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution. City of Ataseadero Resolution No.2006-079 Page 3 of 7 B 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 (I5) days after the date of adoption of this Resolution On motion by Mayor Pro Tem Pacas 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 One Vacancy ADOPTED August 8, 2006 Cl OF ATA SC ERO By- Tom O'Malley, Ma Attest L� - /-0ZcUN Marcia McClure Torgerson, C.M C., City lerk APPROVED AS TO FORM Patnck-L.Enright, City Attorney NOW 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 5 SPECIAL ELECTION in the City of Atascadero, held on August 8, 2006 I 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 NO WITNESS my hand this day of— 2 2006 U City Clerk City of Atascadero 11r� EXHIBIT B Annexation Map fir►. c l Y OD z z e i$ ul m a z +- a R d � I wm u g � w v p � s M p cn h Y Zo J ,� ` tai U W 4 O n W Z 5jr—' 111�....LLyL-- U Z C7 H 0 4 W �. N 0- LL. W m Z p V Z vi�4 yxq t0 UUp �^o O � U 25 a`a 4 �4 4 4 g 4 4 LL Sops y4N 4 rggYyj� � p J 0 a h du K NLL a ,zoo a p CDy n oW�q-pro as000a J O U Q = 0. p -- W N Q n ~a�H� L L��1 W 5 Q O p w w O L4 Q £ $ Un� ufU 4 a m0 d CD m a Z U7 d a o O O m r n n r az a U_ p O a __ A o w� Aw EXHIBIT C List of Properties to be Annexed List of Properties to be Annexed APN(s) Landowner(s) 045-331-001 Centex Homes 045-331-002, Excluding Lot 55 of Tract 2626 Centex Homes in the City of Atascadero, County of San Luis Obispo, State of California, According to the map recorded on April 20, 2006 in Book 28 at pages 8 through 32 of Maps, in the office of the County Recorder of said County 045-331-004 Centex Homes 045-342-001 Centex Homes 145-342-002 Centex Homes 045-342-003 Centex Homes 045-342-004 Centex Homes 045-342-005 Centex Homes 045-342-013 Centex Homes 045-352-005 Centex Homes 045-381-007 Centex Homes