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HomeMy WebLinkAboutResolution 2005-052 RESOLUTION NO. 2005-052 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DECLARING THE RESULTS OF THE SPECIAL ELECTIONS FOR CITY OF ATASCADERO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES), COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ON THE PROPOSITIONS WITH RESPECT TO (i) THE ANNUAL LEVY OF SPECIAL TAXES, AND (ii) THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF SPECIAL TAX LIEN WHEREAS, on May 24, 2005, the City Council (the "City Council") of the City of Atascadero, California (the "City") adopted a Resolution determining the necessity for City of Atascadero Community Facilities District No. 2005.1 (Public Services) (the 'District"), to finance police services, fire protection and suppression services, and park services, and calling a special election on the proposition of (i) the annual levy of special taxes on taxable property within the District to finance police services, fire protection and suppression services, and park services within the District, and (ii) the establishment of an appropriations limit for the District; and, +r✓ WHEREAS, on May 24, 2005, the City Council also adopted a resolution calling a special election (the "Election Resolution"), for submitting to the voters of the District the proposition with respect to the annual levy of special taxes on taxable property within the District to finance police services, fire protection and suppression services, and park services within the District, and the proposition with respect to the establishment of an appropriations limit for the District; and WHEREAS, the City Council has received a statement from the City Clerk (the "City Clerk"), who pursuant to the Election Resolution was authorized to conduct the special elections and act as the election official therefore, with respect to the canvass of the ballots returned in and the results of the special elections, certifying that more than two-thirds of the votes cast upon the propositions submitted to the voters in the special elections were cast in favor of approving all such propositions. City of Atascadero Resolution No.2005-052 Page 2 of 3 Nwe NOW, THEREFORE,BE IT RESOLVED, by the City Council of the City of Atascadero SECTION 1. The City Council finds that: (i) there were no persons registered to vote within the boundaries of the District at the time of the close of the protest hearing on April 12, 2005, and pursuant to Section 53326 of the California Government Code ("Section 53326") the vote in the special elections was, therefore, to be by the landowners owning land within the District, with each landowner having one vote for each acre or portion of an acre of land that he or she owned within the District which would have been subject to the special tax if levied at the time of the special elections; (ii) pursuant to Section 53326 and the Election Resolution, the City Clerk distributed the ballots for the special elections to the owners of all of the land included within the boundaries of the District (collectively the 'Property Owners") by overnight mail with return postage prepaid; (iii) the Property Owner waived the time limits for holding the special elections and the election dates specified in Section 53326, and consented to the calling and holding of the special elections on April 12, 2005; (iv) the special elections have been properly conducted in accordance with all statutory requirements and the provisions of the Election Resolution; (v) pursuant to Section 53326, the Property Owners, which owned approximately 169.43 acres, were entitled to a total of 172 votes; (vi)the ballot was returned to the City Clerk prior to 7:00 p.m. on May 24, 2005, by the Property Owner; (vii) the ballot returned to the City Clerk by the Property Owner voted all votes to which it was entitled in favor of all propositions set forth therein; (viii)more than two-thirds of the votes cast in the special elections on each such proposition were cast in favor thereof, and pursuant to Sections 53328 and 53329 of the California Government Code, all such propositions carried; (ix) the City may annually levy special taxes on taxable property within the District in amounts sufficient to finance police services, fire protection and suppression services, and park services within the District; and (xi) an appropriations limit for the District has been established in the amount of$4,000,000. SECTION 2. All votes voted in the special elections on the propositions with respect to the annual levy of special taxes on taxable property within the District to finance police services, fire protection and suppression services, and park services within the District; and the establishment of an appropriations limit in the amount of$4,000,000 for the District were voted in favor thereof, and all such propositions carried. SECTION 3. The effect of the results of the special elections, as specified in Section 2 hereof, is that the City Council, as the legislative body of the District, is authorized to have the District to annually levy special taxes on taxable property within the District in an amount sufficient to finance police services, fire protection and suppression services, and park services within the District, at the special tax rates and pursuant to the methodology for determining and apportioning such special taxes which are set forth in Exhibit "B" to the Resolution of Intention adopted by the City Council on April 12, 2005, and an appropriations limit has been established for the District in the amount of$4,000,000. SECTION 4. Notice of Special Tax Lien. The City Clerk shall record a notice of special tax lien pursuant to Section 53328.3 of the California Government Code and Section 3114.5 of the California Streets and Highways Code. + o City of Atascadero Resolution No.2005-052 Page 3 of 3 On motion by Mayor Pro Tem O'Malley and seconded by Council Member Luna, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Clay, Luna, O'Malley, Pacas and Mayor Scalise NOES: None ABSENT: None ADOPTED: May 24, 2005 CITY OF ATAS ERO By: _ �rG-------- Wendy S lise, M#or Attest: Marcia McClure Torgerson, C.M.C.,Ci Clerk APPROVED AS TO FORM: hatrick-L. Enri' t, City Attorney