HomeMy WebLinkAboutReso 2003-036 RESOLUTION NO. 2003-036
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 2001-2 (MCMILLIN OTAY RANCH VILLAGE
SIX) DECLARING THE RESULTS OF A SPECIAL ELECTION
IN SUCH COMMUNITY FACILITIES DISTRICT AND
ORDERING A MODIFICATION IN THE FACILITIES
AIYII-tORIZED TO BE FINANCED BY 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. 2001-2 (Mcmillin Otay Ranch Village Six) (the "District"); and
WHEREAS, subsequent to the formation of the District, this City Council did undertake
proceedings to consider modifying the facilities authorized to be financed by the District to add
those types of public facilities eligible to be financed from the proceeds of the City of Chula
Vista Public Facilities Development Impact Fee (the "PFDIF Facilities'') and did call for and
order to be held an election to submit to the qualified electors of the District a proposition
relating to the proposed modification of the facilities authorized to be f'manced; and
WHEREAS, at this time said election has been held and the measure voted upon and such
measure did receive the favorable 2/3% vote of the qualified electors voting on the measure, 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 a modification in the facilities
author/zed to be financed by the District.
Now, Therefore, the City Council of the City of Chula Vista, California, acting as the
Legislative Body of Community Facilities District No. 2001-2 (McMillin Otay Ranch Village
Six), does hereby resolve, declare, find, determine and order as follows:
SECTION 1. The above recitals are all true and correct.
SECTION 2. 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 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 2003-036
Page 2
SECTION 4. This City Council hereby orders that the PFDIF Facilities are hereby added to
those facilities authorized to be financed by the District.
Presented by Approved as to form by
Engineering Director Cit4ffAttomey
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 28th day of January, 2003, by the following vote:
AYES: Councilmembers: Davis, Rindone, Salas, McCann and Padilla
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Stephen--Paid'a, Mayor
ATTEST:
Susan Bigelow, City Cl~qk
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. 2003-036 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 28th day of January, 2003.
Executed this 28th day of January, 2003.
Susan Bigelow, City Clerl~
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. 2001-2
(MCMILLIN - OTAY RANCH - VILLAGE SIX)
SPECIAL ELECTION
in said City, held Januaxy 21, 2003.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in such
Community Facilities District, and the whole number of votes cast for the Measure in such Community
Facilities District, and the totals of the respective colums and the totals as shown for the Measure are
full, tree and correct.
VOTES CAST ON QUESTION 1: YES ::~ l r-/
NO
WITNESS my hand this _,,'"~'~'~'~'~'~'~>~P? day of ~,_J,4~ j ,~ x.~ ,2003.
CITY CLERK
ELECTION OFFICIAL
CITY OF CHULA VISTA
STATE OF CALIFORNIA
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