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HomeMy WebLinkAboutReso 2021-138 RESOLUTION NO. 2021-138 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE BAYFRONT PROJECT SPECIAL TAX FINANCING DISTRICT, RECITING THE FACT OF THE SPECIAL MAIL BALLOT ELECTION HELD ON JULY 13, 2021 IN SUCH DISTRICT, DECLARING THE RESULTS THEREOF, AND OTHER MATTERS AS ARE PROVIDED BY LAW WHEREAS, the City Council (the “City Council”) of the City of Chula Vista (the “City”), has previously undertaken proceedings to create and did establish the Bayfront Project Special Tax Financing District (the “District”) pursuant to Chapter 3.61 of the Chula Vista Municipal Code (“Chapter 3.61”); and WHEREAS, on April 31, 2021, the City Council, acting as the legislative body of the District, duly adopted its Resolution No. 2021-056 calling a special mail ballot election (the “Election”) to be held on July 13, 2021 for the purpose of submitting one proposition (“Proposition”) to the qualified electors of the District; and WHEREAS, the measure, as stated in the resolution placing it on the ballot, was: Proposition A. Shall the measure to amend the Bayfront Project Special Tax Financing District to: (a) increase the maximum special tax levy rate to 5.5% until June 30, 2060, with downward adjustments thereafter, raising an estimated $33,000,000 annually; (b) extend the term of the authorization to levy the special tax until June 30, 2086; (c) expand the territory wherein improvements may be located and services provided; and (d) make minor procedural changes, all as set forth in Resolution No. ---- accompanying this ballot, be approved? YES NO DocuSign Envelope ID: 85F7135E-718F-4A7D-9578-6F8D7B978439 Resolution No. 2021-138 Page No. 2 WHEREAS, notice of said election was duly and regularly given in the time, form, and manner as provided by law; and in all respects the election was held and conducted, and the votes cast at the election received and canvassed, and the returns made and declared, in the time, form, and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in charter cities; and WHEREAS, pursuant to Chapter 3.61 the vote in the Election shall be by Landowners (as such term is defined in Chapter 3.61) as the qualified electors of the District and each Landowner, or authorized representative thereof, shall have one (1) vote for each acre or portion of an acre of land owned within the District; and WHEREAS, the City Clerk canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made part hereof as Exhibit A. NOW, THEREFORE, BE IT RESOLVED, DECLARED, AND DETERMINED by the City Council of the City of Chula Vista, acting as the legislative body of the Bayfront Project Special Tax Financing District, as follows: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Approval of Results of the Election. This City Council hereby receives and approves the Certificate of Election Official and Statement of Votes Cast (Certificate of Election Official), as submitted by the City Clerk, acting in her capacity as the Election Official, said Certificate of Election Official setting forth the number of votes cast in the Election, the Proposition voted upon, and the number of votes given for and/or against the Proposition voted upon. A copy of said Certificate of Election Official is attached hereto, marked as Exhibit A, referenced and so incorporated. SECTION 3. Declaration and Determination of Results. The City Council does declare and determine that, as a result of the election, two-thirds of the voters voting on Proposition A did vote in favor of it, and that the measure was carried and shall be deemed adopted and ratified. SECTION 4. Entry of the Election Results in the Minutes. 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 Certificate of Election Official. SECTION 5. Certification and Entry of Resolution. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. DocuSign Envelope ID: 85F7135E-718F-4A7D-9578-6F8D7B978439 Resolution No. 2021-138 Page No. 3 Presented by Approved as to form by Kerry K. Bigelow, MMC Glen R. Googins City Clerk City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of July 2021 by the following vote: AYES: Councilmembers: Cardenas, Galvez, McCann, Padilla, and Casillas Salas NAYS: Councilmembers: None ABSENT: Councilmembers: None Mary Casillas Salas, Mayor ATTEST: Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2021-138 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 13th day of July 2021. Executed this 13th day of July 2021. Kerry K. Bigelow, MMC, City Clerk DocuSign Envelope ID: 85F7135E-718F-4A7D-9578-6F8D7B978439 DocuSign Envelope ID: 85F7135E-718F-4A7D-9578-6F8D7B978439