HomeMy WebLinkAboutReso 2002-456RESOLUTION NO. 2002-456
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 97-2 (PRESERVE MAINTENANCE
DISTRICT), DECLARING THE RESULTS OF A SPECIAL
ELECTION IN THAT AREA DESIGNATED AS COMMUNITY
FACILITIES DISTRICT NO. 97-2 (PRESERVE
MAINTENANCE DISTRICT), IMPROVEMENT AREA "A",
ANNEXATION NO. 2, AND ADDING SUCH TERRITORY TO
SUCH IMPROVEMENT AREA
WHEREAS, the City Council of the City of Chula Vista, California (the "City Council"),
has previously undertaken proceedings to annex certain property to an existing 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 is referred to as Community Facilities District No. 97-2 (Otay
Ranch Spa One - Village One West) (the "District") and the annexed area is referred to as
Community Facilities District No. 97-2 (Preserve Maintenance District), Improvement Area "A",
Annexation No. 2 (the "Annexation Area"); 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 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 and to order that the Annexation Area be added to
Improvement Area "A".
NOW, THEREFORE, the City Council of the City of Chula Vista, California, acting as
the legislative body of Community Facilities District No. 97-2 (Preserve Maintenance District),
does hereby resolve, declare, find, determine and order as follows:
SECTION I. 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 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.
Resolution 2002-456
Page 2
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.
SECTION 4. This City Council does hereby determine and declare that the Annexation Area is
now added to and becomes a part of Improvement Area "A" of the District. The City Council
hereby further determines that the City Council is now authorized to levy the special taxes within
the Annexation Area as approved and authorized by the qualified electors of the Annexation
Area.
Prepared by
Approved as to form by
JoVan P. Lippitf / /
Pd~ohc Works Director
John M. Kaheny
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 12th day of November, 2002, by the following vote:
AYES:
Councilmembers:
Davis, Padilla, Rindone, Salas and Horton
NAYS:
Councilmembers: None
ATTEST:
ABSENT:
Councilmembers:
Susan Bigelow, City Cler~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2002-456 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 12th day of November, 2002.
Executed this 12th day of November, 2002.
Susan Bigelow, City Clerk
Resolution 2002-456
EXHIBIT "A"
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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. 97-2
(PRESERVE MAINTENANCE DISTRICT)
IMPROVEMENT AREA "A"
ANNEXATION AREA NO. 2
SPECIAL ELECTION
in said City, held November 12, 2002.
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, tree and correct.
I. TOTAL NUMBER OF VOTES CAST:
II.
WITNESS my hand and Official Seal this
VOTES CAST ON PROPOSITION A: YES ,2-]1 ~;'
NO t9
]~k:q, day of~, 2002.
STISAN BIGELOW
CITY CLERK
ELECTION OFFICIAL
CITY OF CHULA VISTA
STATE OF CALIFORNIA