HomeMy WebLinkAboutReso 2003-284RESOLUTION NO. 2003-284
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-I (OTAY RANCH VILLAGE SIX),
DECLARING THE RESULTS OF A SPECIAL ELECTION IN
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. 08-1 (Otay Ranch Village Six) (the "District"); and
WHEREAS, the qualified electors of the District, voting in a special election held on
June 24, 2003, approved the authorization to levy special taxes within the District (the rate and
method of apportionment of special taxes (hereafter the "Existing RMA); and
WHEREAS subsequent to the formation of the District and such election to levy special
taxes, Otay Project L.P., the master developer of property within the District, requested that the
City Council, acting as legislative body of the District, initiate proceedings to modify the
Existing 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 within the District a proposition relating to
the proposed modification of the Existing RMA; and
WHEREAS, 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
NOW, therefore, the City Council of the City of Chula Vista, California, acting as the
legislative body of Community Facilities District No. 08-1 (Otay Project 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.
Resolution 2003-284
Page 2
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 hereby orders that the District is authorized to levy a special tax
pursuant to the modified rate and method of apportionment as set forth in Resolution No.
2003-184 for the purposes of financing the special tax requirement as defined in such modified
rate and method of apportionment.
Prepared by
Approved as to form by
Engineering Director
Ann Moore
City Attorney
Resolution 2003-284
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 8th day of July, 2003, by the following vote:
AYES:
Councilmembers:
Davis, McCann, Rindone, Salas and Padilla
NAYS:
Councilmembers: None
ABSENT:
ATTEST:
Councilmembers:
None
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. 2003-284 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 8th day of July, 2003.
Executed this 8th day of July, 2003.
an Bigelow, C~ty Clerk
4
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. 08-I (OTAY PROJECT VILLAGE SIX)
SPECIAL ELECTION
in said City, held June 24, 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 columns and the totals as shown for the Measure are
full, tree and correct.
VOTES CAST ON PROPOSITION A
NO
WlTNESS my hand this ~9}'4 dayof ~t~. ,2003.
CITY CLERK~
ELECTION OFFICIAL
CITY OF CHULA VISTA
STATE OF CALIFORNIA