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1995-088 Annex Territory Community Facilities District 1 Encinitas Ranch CI'I'Y COUNCIL crrY OF ENCINITAS RESOLUTION NO. 9~-88 A RESOLUTION OF INTENTION TO ANNEX TERRITORY TO CITY OF ENCINITAS COMMUNITY FACILITIES DISTRICT NO. 1 (ENCINITAS RANCH PUBLIC IMPROVEMENTS) AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN WHEREAS, this City Council has conducted proceedings to establish the City of Encinitas Community Facilities District No. 1 (Encinitas Ranch Public Improvements) (the "District") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code; and WHEREAS, under the Act, this City Council, as the legislative body for the District, is empowered with the authority to annex territory to the District, and now desires to undertake proceedings to annex territory to the District. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENCINITAS AS FOLLOWS: 1. This City Council hereby finds and determines that public convenience and necessity require that territory be added to the District. 2. The name of the existing District is "City of Encinitas Community Facilities District No. 1 (Encinitas Ranch Public Improvements)". 3. The territory included in the existing District is as shown on the map thereof filed in Book 29 of Maps of Assessment and Community Facilities Districts at Page 35, in the office of the County Recorder, County of San Diego, State of California, to which map reference is hereby made. The territory now proposed to be annexed to the District is as shown on the Annexation Map No. 1 to the District, on file with the City Clerk, the boundaries of which territory are hereby preliminarily approved and to whicl~ map reference is hereby made for further particulars. The City Clerk is hereby directed cause to be recorded said Annexation Map No. 1 to the District, showing the territory to be annexed, in the office of the County Recorder of the County of San Diego within fifteen days of the date of adoption of this resolution. 4. The types of public facilities to be financed by the District and pursuant to the Act consist of those facilities (the "Facilities") described in Exhibit A to Resolution No. 95-75, adopted by the Council on July 12, 1995 (the "Resolution of Intention"). It is presently intended that the Facilities will be shared, without preference or priority, by the existing territory in the District and the territory proposed to be annexed to the District. 5. Except to the extent that funds are otherwise available to the District to pay for the Facilities and/or the principal and interest as it becomes due on bonds of the District issued to finance the Facilities, a special tax sufficient to pay the costs thereof is intended to be levied annually within the District, and collected in the same manner as ordinary ad valorem property taxes. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District, as now in existence and following the annexation proposed herein, in sufficient detail to allow each landowner within the territory proposed to be annexed to the District to estimate the maximum amount such owner will have to pay, are described in Exhibit A to the Resolution entitled "A Resolution of Formation of City of Encinitas Community Facilities District No. 1 (Encinitas Ranch Public Improvements), Authorizing the Levy of a Special Tax Within the District and Preliminarily Establishing an Appropriation Limit for the District," adopted by the City Council on this date, which Resolution is by this reference incorporated herein. 6. Wednesday, September 27, 1995, at 6:00 o'clock p.m., in the regular meeting place of this Council, City Council Chambers, City of Encinitas, 505 South Vulcan Avenue, Encinitas, California, be, and the same are hereby appointed and fixed as the time and place when and where this City Council, as legislative body for the District, will conduct a public hearing on the annexation of territory to the District and consider and finally determine whether the public interest, convenience and necessity require said annexation of territory to the District and the levy of said special tax therein. 7. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation in the area of the District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. The notice shall be substantially in the form attached hereto as Exhibit A. PASSED AND ADOPTED at the regular meeting of the City Council of the City of Encinitas, State of California, on this 23rd day of August, 1995, by the following vote to wit: AYES: Aspell, Bond, Davis, DuVivier, Hano NOES: None ABSENT: None Mayor of the City of Encinitas ATTEST: d.n.J~]ity Clerk of the City of Encinitas 08/14/95 EXHIBIT A NOTICE OF PUBLIC HEARING City of Encinitas Community Facilities District No. 1 (Encinitas Ranch Public Improvements) Annexation No. 1 Notice is hereby given by the City of Encinitas (the "Citv") with resnoct tn i~ Community Facilities District No. 1 (Encinitas Ranch Public Improvements) (the "C~I~'~-tl~aVt ~ August 23, 1995, the City Council of the City, as the legislative body for the CFD, adopted a resolution entitled, "A Resolution of Intention to Annex Territory to City of Encinitas Community Facilities District No. 1 (Encinitas Ranch Public Improvements) and to Authorize the Levy of Special Taxes Therein" (the "Resolution of Intention"). Reference is hereby made to the Resolution of Intention, on file with the City Clerk of the City for further particulars. The following is a summary of the provisions of the Resolution of Intention. Pursuant to the Resolution of Intention, the City Council determined that the public convenience and necessity require that certain territory, as more particularly described in the Resolution of Intention, be annexed to the existing CFD, all as provided in the Mello-Roos Community Facilities Act of 1982, as amended (Sections 53311 et seq., California Government Code (the "Act"). The Resolution of Intention provides that the special taxes heretofore caused to be levied in the CFD for financing the public facilities provided through the CFD shall be levied in the territory proposed to be annexed, subject to public hearing and landowner election proceedings as specified in the Act. Notice is further given that Wednesday, September 27, 1995, at the hour of 6:00 o'clock p.m., in the regular meeting place of the City Council, City Council Chambers, City of Encinitas, 505 South Vulcan Avenue, Encinitas, California, are the time and place when and where the City Council of the City, as the legislative body for the CFD, will conduct a public hearing on the annexation of the territory described in the Resolution of Intention to the CFD and finally consider and determine whether the public convenience and necessity require the annexation of said territory to the CFD and the levy of special taxes therein. Notice is further given that at the hearing, the testimony of all interested persons for and against the annexation of said territory to the CFD or the levying of special taxes within the territory proposed to be annexed will be heard. Dated as of ' , 1995 ~-e.~..~ City Clerk City of Encinitas