HomeMy WebLinkAboutReso 2001-010 RESOLUTION NO. 2001 ~010
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACTiNG iN ITS CAPACITY AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT (CFD) NO. 98-2 (iNTERIM OPEN
SPACE DISTRICT [OTAY PROJECT, LLC-OVP-SPA ONE, VILLAGES 6 &
7]), DECLARING THE RESULTS OF A SPECIAL ELECTION IN
TERRITORY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES
DISTRICT NO. 98-2 (INTERIM OPEN SPACE DISTRICT [OTAY PROJECT,
LLC-OVP-SPA ONE, VILLAGES 6 & 7]) AND DETERMINING THAT SUCH
TERRITORY IS ADDED TO AND PART OF SUCH COMMUNITY
FACILITIES DISTRICT
WHEREAS, the City Council has previously undertaken proceedings to annex certain
property (the "Annexation Area") to Community Facilities District No. 98-2 (Interim Open
Space District [Otay Project, LLC-OVP-SPA One, Villages 6 & 7]) (the "District") pursuant to
the terms and provisions of the "Mello-Roos Commtmity Facilities Act of 1982," being Chapter
2.5, Part 1, Division 2, Title 5 of the Government Code of the State of Califomia (the "Act") and
the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers
reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of
the State of Califomia (the "Ordinance") (the Act and the Ordinance may be referred to
collectively as the "Community Facilities District Law"); and
WHEREAS, this City Council did call for and order to be held an election to submit to
the qualified electors of the Annexation Area a proposition relating to the levy of special taxes
within the Annexation Area; and
WHEREAS, at this time said election has been held and the measure voted upon and such
measure did receive the favorable 2/Ys vote of the qualified electors within the Annexation Area,
and this City Council desires to declare the results of the election in accordance with the
provisions of the Elections Code of the State of California and to determine that the Annexed
Area is added to and made a part of the District.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 98-2 (INTERIM OPEN SPACE DISTRICT [OTAY PROJECT, LLC-OVP-SPA
ONE, VILLAGES 6 & 7]), DOES HEREBY RESOLVE, DECLARE, FIND, DETERMINE
AND ORDER AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION2. This City Council hereby receives and approves the CERTIFICATE OF
ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the City Clerk,
acting in her capacity as the Election official, said Statemere setting forth the number of votes
east in the election, the measure voted upon, and the number of votes given for and/or against the
measure voted upon. A copy of said Certificate and Statement is attached hereto, marked
Exhibit "A,' referenced and so incorporated.
SECTION 3. The City Clerk is hereby directed, pursuant to the provisions of the Elections
Code of the State of California, to enter in the minutes the results of the election as set forth in
said STATEMENT OF VOTES CAST.
Resolution 2001-010
Page 2
SECTION 4. This City Council hereby determines that the Annexed Area is added to and a part
of the District.
SECTION 5. This City Council hereby determines that the special tax shall cease to be levied on
that territory within the District which is being concurrently annexed to Community Facilities
District No. 98-1 (Interim Open Space District [Otay Project, LLC-OVP-SPA One, Villages 1
West & 2]) and directs the Secretary to record or cause the recordation of a Notice of Cessation
of Special Tax as to such territory.
Prepared as to form Approved as to form
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 16th day of January, 2001, by the following vote:
AYES: Councilmembers: Padilla, Rindone, Salas, and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: Davis
Shirley~H~ono~,M~(
ATTEST:
Donna Norris, Deputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing
Resolution No. 2001-010 was duly passed, approved, and adopted by the City Cotmcil at a
regular meeting of the Chula Vista City Council held on the 16th day of January, 2001.
Executed this 16th day of January, 2001. ~L~d'g. t4~ J~'~A,4d)a
Donna Norris, Deputy City Clerk
R2001-OlO
EXHIBIT "A'
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
The undersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of
Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the
Elections Code of the State of California, I did canvass the returns of the votes cast at the
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 98-2
(INTERIM OPEN SPACE DISTRICT
[OTAY PROJECT, LLC-OVP-SPA ONE, VILLAGES 6 & 7])
SPECIAL ELECTION
in said City, held January 9, 2001.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the
territory proposed to be annexed to such District (the "Annexation Area") in such City, and the whole
number of votes cast for the Measure in such Annexation Area, and the totals of the respective coltrams
and the totals as shown for the Measure are full, true and correct.
I. TOTAL NUMBER OF VOTES CAST: //4,
II. VOTES CAST ON PROPOSITION A: YES
NO
WITNESS my hand and Official Seal this 16th day of January, 2001.
CITY CLERK
ELECTION OFFICIAL
CITY OF CHULA VISTA
STATE OF CALIFORNIA