1995-101 Special Annexation Election Encinitas Community Facilities District No 1 ~I'I'Y COUNCIL
CITY OF ENCIN1TAS
RESOLUTION NO.. 95-101
A RESOLUTION DECLARING RESULTS OF SPECIAL ANNEXATION ELECTION,
DETERMINING VALIDITY OF PRIOR PROCEEDINGS, AND DIRECI'ING RECORDING OF
AMENDED NOTICE OF SPECIAL TAX LIEN
WHEREAS, in proceedings heretofore conducted by this ,,C, ity,,,Council pursuant to the
Mello-Roos Community Facilities Act of 1982, as amended (the Act ), this City Council has
heretofore adopted a resolution calling a special election of the qualified landowner electors in
the territory of land proposed to be annexed to the City of Encinitas Community Facilities
District No. 1 (Encinitas Ranch Public Improvements) (the "District");
WHEREAS, pursuant to the terms of said resolution, which is by this reference
incorporated herein, the special election has been held and the City Clerk has filed a Canvass
and Statement of Result of Election, a copy of which is attached hereto as Exhibit A; and,
WHEREAS, this City Council has reviewed said canvass and hereby approves it.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENCINITAS AS FOLLOWS:
1. The issue presented at the special election was the levy of a special tax within
the territory annexed to the District, to be levied in accordance with the formula heretofore
approved by this City Council, all as described in Resolution No. 95-88, A Resolution of
Annexation of Territory to City of Encinitas Community Facilities District No. 1 (Encinitas
Ranch Public Improvements), Authorizing the Levy of a Special Tax and Submitting Levy of
Special Taxes as to Qualified Electors, adopted by this City Council on August 23, 1995.
2. Pursuant to the Canvass on file with the City Clerk, the issue presented at the
special election was approved by the landowners of the territory annexed to the District by
more than two-thirds of the landowners voting at the special election.
3. Pursuant to the voter approval, said annexed territory to the District is hereby
declared to be fully annexed to and part of the District and this City Council may levy special
taxes therein as heretofore provided in these proceedings.
4. It is hereby found that all prior proceedings and actions taken by this City
Council pursuant to the District and the territory annexed thereto were valid and in conformity
with the Act.
5. Within 15 days of the date of adoption hereof, the City Clerk shall execute and
cause to be recorded in the office of the County Recorder of the County of San Diego, an
amendment to the Notice of Special Tax Lien, in the form and otherwise as required by Section
3117.5 of the California Streets and Highways Code.
PASSED AND ADOPTED at the regular meeting of the City Council of the City of
Encinitas, State of California, on this 18th day of October, 1995, by the following vote to wit:
AYES: Aspell, Bond, Davis, DuVivier, Hano
NOES: None
ABSENT: None
Mayor of the City of Encinitas
ATTEST:
City Clerk of the City of Encinitas
I0/06/~$
EXI-IIBIT A
CITY OF ENCIN1TAS
COMMUNI~ FACILI'i'iES DISTRIC'I' NO. 1
(ENCINITAS RANCH PUBLIC IMPROVEMENTS)
ANNEXATION NO. 1 ELECTION
CANVASS AND STATEMENT OF RESULT OF ELECTION
I hereby certify that on this date, I canvassed the returns of the election held on this
date, in the territory annexed to the City of Encinitas Community Facilities District No. 1
(Encinitas Ranch Public Improvements) which election is designated as the Special Tax
Annexation No. I Election, and the total number of ballots cast in the territory to be annexed
and the total number of votes cast for and against the measure are as follows and the totals as
shown for and against the measure are full, true and correct:
Qualified
Landowner Votes
Votes Cast YES NO
City of Encinitas
Community Facilities District No. 1
(Encinitas Ranch Public Improvements),
Special Tax Annexation No. 1 Election,
October 18, 1995. 75 75 ___7_5 -0-
BALLOT MEASURE: Shall the City of Encinitas, by and for its City of Encinitas Community
Facilities District No. 1 (Encinitas Ranch Public Improvements) (the "District"), be authorized
to levy special taxes within the territory annexed to the District pursuant to and as described in
Resolution No. 95-88 adopted by the City Council of the City of Encinitas on August 23, 19957
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 18th day of
October, 1995.
CITY OF ENCINITAS
City Clerk