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HomeMy WebLinkAboutReso 2003-202 RESOLUTION NO. 2003-202 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 08-M (VILLAGE 6, MCMILLIN OTAY RANCH AND OTAY RANCH COMPANY) DECLARING THE RESULTS OF A SPECIAL ELECTION IN IMPROVEMENT AREA NO. 1 OF 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 and designate two improvement areas therein 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. 08-M (Village 6, Mcmillin Otay Ranch And Otay Ranch Company) (the "District") and the Improvement Areas are designated as Improvement Area No. 1 and Improvement Area No. 2; and WHEREAS, the qualified electors of each Improvement Area of the District, voting in a special election held on October 22, 2002, approved the authorization to levy special taxes within each Improvement Area pursuant to a separate rate and method of apportionment of such special taxes for each Improvement Area (the rate and method of apportionment of special taxes approved for Improvement Area No. 1 shall be referred to as the "Existing Improvement Area No. 1 RMA"); and WHEREAS, subsequent to the formation of the District and such election, McMillin Communities, the master developer of the property within Improvement Area No. 1 of the District, requested that the City Council, acting as the legislative body of the District, initiate proceedings to modify the Existing Improvement Area No. 1 RMA; and WHEREAS, this City Council did initiate such proceedings and did call for and order to be held an election to submit to the qualified electors of Improvement Area No. 1 a proposition relating to the proposed modification of the Existing Improvement Area No. 1 RMA; 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. NOW, THEREFORE, the City Council of the City of Chula Vista, California, acting as the Legislative Body of Community Facilities District No. 08-M (Village 6, McMillin Otay Ranch and Otay Ranch Company), does hereby resolve, declare, find, determine and order as follows: SECTION 1. The above recitals are all tree and correct. Resolution 2003-202 Page 2 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 identifying 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. Prepared by Approved as to form by Clifforfl~.~anson /~An~-Moorc( ~'~-- ~ ~ EngineEring Director ~t~rney -~ ~ Resolution 2003-202 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 20th day of May, 2003, by the following vote: AYES: Councilmembers: Davis, McCann, Rindone, Salas and Padilla NAYS: Councilmembers: None ABSENT: Councilmembem: None ATIEST: Susan Bigelow, City Clerk~ 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. 2003-202 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 20th day of May, 2003. Executed this 20th 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. 08M (VILLAGE 6, MCMILLIN OTAY RANCH AND OTAY RANCH COMPANY) IMPROVEMENT AREA NO. 1 SPECIAL ELECTION in said City, held May 13, 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 Measure in Improvement Area No. 1 of such District in said City, and the totals of the respective columns and the totals as shown for the Measure are full, true and correct. VOTES CAST ON PROPOSITION A: YES ~ ? ~ NO -- ~: - WITNESS my hand and Official Seal this l~.~ ~' dayof ~'~. %~- , 2003. CITY CLERK ELECTION OFFICIAL CITY OF CHULA VISTA STATE OF CALIFORNIA