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HomeMy WebLinkAboutReso 2017-075RESOLUTION NO. 2017-075 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 19M (FREEWAY COMMERCIAL 2), DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the City Council of the City of Chula Vista California (the "City Council"), has previously undertaken proceedings to create and did establish a community facilities district 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") 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 California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law). This community facilities district shall hereinafter be referred to as Community Facilities District No. 19M (Freeway Commercial 2) ("CFD No. 19M"); and WHEREAS, this City Council did call for and order to be held an election to submit to the qualified electors of CFD No. 19M separate propositions relating to the levy of special taxes within CFD No. 19M and the establishment of an appropriations limit for CFD No. 19M; and WHEREAS, at this time said election has been held and the measures voted upon and each such measure did receive the favorable 2/3's vote of the qualified electors, 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. NOW, THEREFORE, the City Council of the City of Chula Vista, California, acting as the legislative body of Community Facilities District No. 19M (Freeway Commercial 2), does hereby Resolve, Declare, Find, Determine and Order as follows: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Approval of Results of the Election. This City Council hereby receives and approves the Certificate of Election Official and Statement of Votes Cast ("Certificate of Election Official"), 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 of Election Official is attached hereto, marked Exhibit "A." referenced and so incorporated. Resolution No. 2017-075 Page No. 2 SECTION 3. Entry of the Election Results in the Minutes. 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 Certificate of Election Official. Presented by Kelly G. roughton, FASLA Director of Developmental Services Approved as to form by a Gl n R. G ogins City ey PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 16th day of May 2017 by the following vote: AYES: Councilmembers: Aguilar, McCann, Padilla, and Salas NAYS: Councilmembers: None ABSENT: Councilmembers: Diaz Mary Sal s, Mayor ATTEST: J'A�-A= 1� �ZOA&�� Donna R. Norris, CMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2017-075 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 16th day of May 2017. Executed this 16th day of May 2017. Donna R. Norris, UMC, City Clerk Resolution No. 2017-075 Page No. 3 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. 19M (FREEWAY COMMERCIAL 2) SPECIAL ELECTION in said City, held May 16, 2017. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in CFD No. 19M in such City, and the whole number of votes cast for the Measures in CFD No. 19M in said City, and the totals of the respective columns and the totals as shown for the Measures are full, true and correct. 1. VOTES CAST ON PROPOSITION A: YES 2 NO 2. VOTES CAST ON PROPOSITION B: YES 2 NO WITNESS my hand this day of 2017. O CITY CLERK ELECTION OFFICIAL CITY OF CHULA VISTA STATE OF CALIFORNIA