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HomeMy WebLinkAboutReso 2003-173 RESOLUTION NO. 2003-173 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE RESULTS OF A SPECIAL ELECTION IN TERRITORY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), AND DESIGNATED AS IMPROVEMENT AREA'~2'THERETO WHEREAS, the City Council of the City of Chula Vista, California (the'City CounciI), has previously undertaken proceedings to annex certain property (the "Annexation Are~) to an existing Community Facilities District pursuant to the terms and provisions of the"Mello-Roos Community Facilities Act of 19827 being Chapter 2.5, Part I, 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 'Ordinancd) (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Lay?). This Community Facilities District is referred to as Community Facilities District No. 97-2 (Preserve Maintenance District) (the"District); 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 two thirds 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 the District and Improvement Area'~C'thereto. 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 1. The above recitals are all tree 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 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"/~ 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. SECTION 4. This City Council does hereby determine and declare that the Annexation Area is now added to and becomes a part of the District and Improvement Area'~ thereto. The City Council hereby further determines that the City Council is now authorized to levy the special Resolution 2003-173 Page 2 taxes within the Annexation Area as approved and authorized by the qualified electors of the Annexation Area. Prepared by Approved as to form by Cliff~ Swanson Ann Moore Engl'neering Director City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 6th day of May, 2003, by the following vote: AYES: Councilmembers: Davis, Rindone, Salas, McCann and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: 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. 2003-173 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 6th day of May, 2003. Executed this 6th day of May, 2003. Susan Bigelow, City Clerk 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. 97-2 (PRESERVE MAINTENANCE DISTRICT) IMPROVEMENT AREA "C" ANNEXATION MAP NO. 3 SPECIAL ELECTION in said City, held April 1, 2003. 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: ~ 4-' / II. VOTES CAST ON PROPOSITION A: YES ~/-c ! NO --~ -- WITNESS my hand and Official Seal this / 'z- day of ~ ~Aa 1_~ ,2003. ELECTION OFFICIAL CITY OF CHULA VISTA STATE OF CALIFORNIA