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HomeMy WebLinkAboutResolution 2005-099 RESOLUTION NO. 2005-099 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES) WHEREAS, the CITY COUNCIL of the CITY OF ATASCADERO, CALIFORNIA, ("City Council'), at this time desires to authorize the annexation of territory to City of Atascadero Community Facilities District No. 2005-1 (Public Services) ("CFD No. 2005-1") pursuant to the terms and 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 (the"Act'), and, WHEREAS, CFD No. 2005-1 was formed to finance public services in addition to those provided in or required for the territory within the CFD No. 2005-1 and will not be replacing services already available. WHEREAS, certain territory is proposed to be annexed to CFD No. 2005-1 and such territory shall be known and designated as COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES), ANNEXATION NO. I ("Annexation No. I"). WHEREAS, this legislative body now desires to proceed to adopt its Resolution of Intention to annex Annexation No. 1 into CFD No. 2005-1, to describe the territory included within Annexation No. 1 proposed to be annexed, to specify the services to be financed from the proceeds of the levy of special taxes within Annexation No. 1,to set and specify the special taxes that would be levied within the Territory to finance such services, and to set a time and place for a public hearing relating to the annexation of Annexation No. 1 into CFD No. 2005-1; and, WHEREAS, a map showing the boundaries of Annexation No. 1 proposed to be annexed has been submitted, which map has been previously approved and a copy of the map shall be kept on file with the transcript of these proceedings. 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. These proceedings for annexing Annexation No. I into CFD No. 2005-1 are authorized and initiated by this legislative body pursuant to the authorization of the Act. SECTION 3 Intention to Annex. This legislative body hereby determines that the public convenience and necessity requires that Annexation No. l be added to CFD No. 2005-1 in order to pay the costs and expenses for the required and authorized new services generated from new development within the City and this City Council declares its intention to annex Annexation No. 1 to CFD No. 2005-1. City of Atascadero Resolution No.2005-099 Page 2 of 5 SECTION 4 Boundaries. A general description of the boundaries of Annexation No. 1 proposed to be annexed is as follows: All that territory proposed to be annexed to CFD No. 2005-1, as such property is shown .on a map as previously approved by this legislative body, such map designated by the number of the annexation and the name of the existing district, a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. The boundaries of the territory currently included in CFD 2005-1 are described in a map entitled "Boundary Map of City of Atascadero Community Facilities District No. 2005-1 (Public Services)," recorded with the San Luis Obispo County Recorder's Office on May 9, 2005, Document No. 2005-037685, in Book 5 Pages 11-13 of Maps of Assessment and Community Facilities Districts. SECTION 5 Name of District. The name of the district is CITY OF ATASCADERO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES), and the designation for the territory to be annexed shall be CITY OF ATASCADERO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES), ANNEXATION NO. 1. SECTION 6 Services Authorized to be Financed by CFD No. 2005-1. The services �rrr that are authorized to be financed by CFD No. 2005-1 are certain services which are in addition to those provided in or required for the territory within CFD No. 2005-1 and Annexation No. 1 and will not be replacing services already available. A general description of the services to be financed by CFD No. 2005-1 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. City of Atascadero Resolution No.2005-099 Page 3 of 5 The same types of services which are authorized to be financed by CFD No. 2005-1 are the types of services to be provided in Annexation No. 1. If and to the extent possible, such services shall be provided in common within CFD No. 2005-1 and Annexation No. 1. SECTION 7 Special Taxes. It is the further intention of this City Council body that, except where funds are otherwise available, a special tax sufficient to pay for such services to be provided in CFD No. 2005-1 and Annexation No. 1 and related incidental expenses authorized by the Act, 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 such Annexation No. 1. For further particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Attachment A (the "Rate and Method of Apportionment"), which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within proposed Annexation No. 1 to clearly estimate the maximum amount that such person will have to pay. The special tax proposed to be levied within Annexation No. 1 for services to be supplied within Annexation No. 1 shall be equal to the special tax levied to pay for the same services in CFD No. 2005-1, except that a higher or lower special tax may be levied within Annexation No. 1 to the extent that the actual cost of providing the services in Annexation No. 1 is higher or lower than the cost of providing those services in CFD No. 2005-1. Notwithstanding the foregoing, the special tax may not be levied at a rate that is higher then the maximum special tax authorized to be levied pursuant to the Rate and Method of Apportionment. The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer. The maximum special tax rate in CFD No. 2005-1 shall not be increased as a result of the annexation of Annexation No. 1 to CFD No. 2005-1. SECTION 8 Public Hearing. NOTICE IS GIVEN THAT ON THE 24TH DAY OF JANUARY, 2006, AT THE HOUR OF 7:00 PM CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, 6907 EL CAMINO REAL, ATASCADERO, CALIFORNIA, A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE AUTHORIZATION FOR THE ANNEXATION OF ANNEXATION NO. 1 TO CFD NO. 2005-1, THE PROPOSED METHOD AND APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED WITHIN ANNEXATION NO. 1 AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. AT SUCH PUBLIC HEARING, THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ANNEXATION OF ANNEXATION NO. 1 OR THE LEVYING OF SPECIAL TAXES WITHIN ANNEXATION NO. 1 WILL BE HEARD. City of Atascadero Resolution No.2005-099 Page 4 of 5 fir✓ AT SUCH PUBLIC HEARING, PROTESTS AGAINST THE PROPOSED ANNEXATION OF ANNEXATION NO. 1, THE LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 1 OR ANY OTHER PROPOSALS CONTAINED IN THIS RESOLUTION MAY BE MADE ORALLY BY ANY INTERESTED PERSON. ANY PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND SHALL CLEARLY SET FORTH THE IRREGULARITIES OR DEFECTS TO WHICH OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CITY CLERK PRIOR TO THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. SECTION 9 Majority Protest. If (a) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within CFD No. 2005-1, (b) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within Annexation No. 1, (c) owners of one-half or more of the area of land in the territory included in Annexation No. 1, or (d) owners of one-half or more of the area of land in the territory included in Annexation No. 1, file written protests against the proposed annexation of Annexation No. 1 to CFD No. 2005-1 in the future and such protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be undertaken for a period of one year from the date of the decision by the City Council on the issued discussed at the public hearing. SECTION 10 Notice. Notice of the time and place of the public hearing shall be given by the City Clerk by publication in the legally designated newspaper of general circulation, said publication pursuant to Section 6061 of the Government Code, with said publication to be completed at least seven (7) days prior to the date set for the public hearing. The City Clerk shall certify to the passage and adopted of this Resolution and enter it into the book of original Resolutions. City o-Atascailero — Resolution No.2005-099 Page 5 of 5 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, Scalise and Mayor O'Malley NOES: None ABSENT: None ADOPTED: December 13, 2005 OF AT ERO By: Tom O'Malley, MqtL ATTEST: fil?aj ak' Marcia McClure Torgerson, City C rk APP AS T Patricl ity Attorney