HomeMy WebLinkAboutReso 2003-251RESOLUTION NO. 2003-251
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 07-M (EASTLAKE - WOODS, VISTAS AND
LAND SWAP) DECLARING THE RESULTS OF A SPECIAL
ELECTION TO MODIFY THE RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAXES AUTHORIZED TO
BE LEVIED IN IMPROVEMENT AREA NO. 2 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. 07-M (Eastlake - Woods, Vistas and Land Swap) (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 August 13, 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. 2 shall be referred to as the "Existing Rate and Method");
and
WHEREAS, subsequent to the formation of the District and such election, the EastLake
Company, the master developer of the property within Improvement Area No. 2 of the District,
requested that the City Council, acting as the legislative body of the District, initiate proceedings
to modify the Existing Rate and Method; 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. 2 a proposition
relating to the proposed modification of the Existing Rate and Method; 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 Chnia Vista, California, acting as
the Legislative Body of Community Facilities District No. 07-M (Eastlake - Woods, Vistas and
Land Swap), does hereby resolve, declare, find, determine and order as follows:
SECTION 1. The above recitals are all true and correct.
Resolution 2003-251
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
Resolution 2003-251
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 10th day of June, 2003, by the following vote:
ATTEST:
Councilmembers:
Councilmembers:
Councilmembers:
AYES:
NAYS:
ABSENT:
Davis, McCann, Rindone, Salas and Padilla
None
None
Stephen Pg~lilla, Mayor
Susan Bigelow, City Clef[°
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. 2003-251 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°
-- 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. 07M
(EASTLAKE - WOODS, VISTAS AND LAND SWAP)
IMPROVEMENT AREA NO. 2
SPECIAL ELECTION
in said City, held June 3, 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. 2 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:
NO --,~ --
WITNESS my hand and Official Seal this _~ ~ day of . J t ~ ~ -~ ~ ,2003.
CITY CLERK
ELECTION OFFICIAL
CITY OF CHULA VISTA
STATE OF CALIFORNIA