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HomeMy WebLinkAboutReso 1998-19193 RESOLUTION NO. 19193 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 98-2 (OPEN SPACE MAINTENANCE DISTRICT [MCMILLIN - D.A. AMERICA, OTAY RANCH - SPA TWO, VILLAGES 6&7]) DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the City Council of the City of Chula Vista, (the "Legislative Body"), has previously declared its intention and held and conducted proceedings relating to the levy of special taxes in a community facilities district, as authorized 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"), said Community Facilities District designated as COMMUNITY FACILITIES DISTRICT NO. 98-2 (OPEN SPACE MAINTENANCE DISTRICT [MCMILLIN - D.A. AMERICA, OTAY RANCH - SPA TWO, VILLAGES 6&7]) (the "District"); and WHEREAS, this Legislative Body did call for and order to be held an election to submit to the qualified electors of the District a proposition relating to the levy of special taxes and the establishment of an appropriations limit for such community facilities district; and WHEREAS, at this time said election has been held and the measures voted upon and each such measure did receive the favorable two-thirds vote of the qualified electors, and this legislative body does desire to declare the favorable results of the election in accordance with the provisions of the Elections Code of the State of California. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, Acting as the Legislative Body of Community Facilities District No. 98-2 (Open Space Maintenance District [McMillin - D.A. America, Otay Ranch - Spa Two, Villages 6&7]), as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. This legislative body 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 Statement setting forth the number of votes cast in the election, the measures voted upon, and the number of votes given for and/or against the measures 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. Presented by Approved as to form by hn P. Lippitt ~eh~ny orks Director Resolution 19193 Page 2 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 OPEN SPACE MAINTENANCE DISTRICT [MCMILLIN - D.A. AMERICA, OTAY RANCH - SPA TWO, VILLAGES 6&7]) SPECIAL ELECTION in said City, held September 22, 1998. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in said District in said City, and the whole number of votes cast for the Measures in said District in said City, and the totals of the respective columns and the totals as shown for the Measures are full, true and correct. I. TOTAL NUMBER OF VOTES CAST: YES 401 II. VOTES CAST ON PROPOSITION A: YES 401 NO III. VOTES CAST ON PROPOSITION B: YES 4t31 NO WITNESS my hand and Official Seal this 24th day of September, 1998. CITY OF CHULA VISTA STATE OF CALIFORNIA Resolution 19193 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 6th day of October, 1998, by the following vote: AYES: Councilmembers: Padilia, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: Rindone ABSTAIN: Councilmembers: Moot ~, Mayor ATTEST: ~uth;let, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 19193 duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 6'" day of October, 1998. Executed this 8th day of October, 1998. ~uthelet, City Clerk