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HomeMy WebLinkAboutReso 2003-252RESOLUTION NO. 2003-252 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE RESULTS OF A SPECIAL ELECTION IN TERRITORY AREA TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 07-M (EASTLAKE WOODS, VISTAS AND LAND SWAP) AND DESIGNATED AS IMPROVEMENT AREA NO. 2 THERETO WHEREAS, the City Council of the City of Chula Vista, California (the "City Council"), has previously undertaken proceedings to annex certain property (the "Annexation Area") to Community Facilities District No. 07-M (Eastiake - Woods, Vistas and Land Swap) (the "District") and Improvement Area No. 2 thereto ("Improvement Area No. 2") thereto 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"); 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 V~rlEREAS, at this time said election has been held and the measure voted upon and 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 No. 2 thereto. NOW, THEREFORE, the City Council of the City of Chula Vista, California, acting as the Legislative Body of Community Facilities District No. 07-M (Eastiake - Woods, Vistas and Land Swap), does hereby resolve, deciam, find, determine and order as follows: SECTION 1. The above recitals am all true and correct. SECTION 2. This City Council hereby receives and approves the Cert'fficate 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 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. 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 No. 2 thereto. The City Council hereby further determines that the City Council is now authorized to levy the special Resolution 2003-252 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 PASSED, APPROVED, and ADOPTED by the City Council of the City 05 Chula Vista, California, this 10th day of June, 2003, by the following vote: AYES: Councilmembers: Davis, McCann, Rindone, Salas and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: Stephen Padilla, Mayor 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. 2003-252 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 10th day of June, 2003. Executed this 10th day of June, 2003. Susan Bigelow, City Clerk