CC Resolution 11772
RESOLUTION NO. i ~ ~~z
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
APPROVING THE ANNEXATION OF PROPERTY LOCATED IN A FUTURE
ANNEXATION AREA
CITY OF CAMPBELL
COMMUNITY FACILITIES DISTRICT NO 2
(Public Services)
Annexation No. 1
WHEREAS, on October 15, 2013, this Council adopted a resolution entitled A Resolution of the
City Council of the City of Campbell Intending to Establish a Community Facilities District" (the
'Resolution of Intention'), conducted proceedings (the 'Proceedings') to establish `City of
Campbell Community Facilities District No. 2 (Public Services)" (the 'CFD") and a future
annexation area (the `Future Annexation Area') pursuant to the Mello-Roos Community
Facilities Act, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311 of
the California Government Code (the Act") to finance certain municipal services (the `Services)
as provided in the Act;
WHEREAS, pursuant to notice as specified in the Act, and as part of the Proceedings, the
Council held a public hearing under the Act relative to the determination to proceed with the
formation of the CFD and the Future Annexation Area and the rate and method of
apportionment of the special tax ("Special Tax") to be levied within the CFD to finance the
Services, and at such hearing all persons desiring to be heard on all matters pertaining to the
formation of the CFD and the Future Annexation Area and the levy of the Special Tax were
heard, substantial evidence was presented and considered by this Council and a full and fair
hearing was held;
WHEREAS, upon the conclusion of the hearing, this Council adopted its A Resolution of the
City Council of the City of Campbell Forming a Community Facilities District" (the 'Resolution of
Formation), pursuant to which it completed the Proceedings for the establishment of the CFD
and the Future Annexation Area, the authorization of the levy of the Special Tax within the CFD
and the calling of an election within the CFD on the propositions of levying the Special Tax and
establishing an appropriations limit within the CFD respectively
WHEREAS, on November 19 2013, a special election was held among the landowner voters
within the CFD at which such voters approved such propositions by the two-thirds vote required
by the Act, which approval has been confirmed by resolution of this Council;
WHEREAS, on November 22, 2013, a notice of special tax lien (the 'Notice of Special Tax
Lien") was recorded with the Santa Clara County Clerk-Recorder's office, thereby giving notice
that the lien to secure payment of the Special Tax was imposed on the land in the CFD•
WHEREAS, on January 7 2014, an Ordinance was passed by this Council, authorizing and
levying the Special Tax within the CFD pursuant to the Act, at the rate and in accordance with
the rate and method of apportionment of Special Tax set forth in the Resolution of Formation,
including any parcel or parcels in the Future Annexation Area that annex into the CFD at the
rate or rates to be approved unanimously by the owner or owners of each parcel or parcels;
WHEREAS, the owner(the 'Property Owner") of certain property located within the Future
Annexation Area (the 'Property") has agreed to mitigate certain impacts of the proposed
development of the Property by paying for certain services financed by the CFD•
WHEREAS, pursuant to the Act, the Property Owner has executed a Unanimous Approval
constituting a unanimous approval and unanimous vote by the Property Owner in favor of the
annexation of the Property to the CFD and the levy of the Special Tax; and
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Campbell as
follows:
1 Approval of Annexation. The City Council hereby determines that the Property of the
Property Owner is annexed into the CFD
2. Amendment to Notice of Special Tax Lien. The City Council hereby directs the Clerk
of the City Council to record an Amendment to Notice of Special Tax Lien, evidencing that the
Property of the Property Owner is added to the CFD
3. Boundaries Described. The revised boundaries of the CFD including the Property of
the Property Owner are described in an amended boundary map, which this City Council hereby
directs the City Clerk to record with the Santa Clara County Clerk-Recorder's office. i
4. General Authority Ratification of Previous Actions. The officers of the City are
hereby authorized and directed, jointly and severally to do any and all things and to execute
and deliver any and all documents which they may deem necessary or advisable in order to
consummate the transactions described herein or to otherwise effectuate the purposes of this
resolution. Any actions previously taken by such officers that are consistent with the purposes of
this resolution are hereby ratified and confirmed.
5. Effective Date. This resolution shall take effect upon its adoption
PASSED AND ADOPTED this 3ra day of Feb. , 2015, by the;following roll call vote:
AYES Councilmembers: Kotowski Resnikoff Gibbons ;Baker Cristina
NOES Councilmembers: None
ABSENT Councilmembers: None
ABSTAIN Councilmembers:
ATT T.
Anne Bybee, City Clerk