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HomeMy WebLinkAboutReso 2024-151RESOLUTION NO. 2024-151 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), DECLARING THE RESULTS OF A SPECIAL ELECTION IN THAT TERRITORY DESIGNATED AS COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA “C,” ANNEXATION NO. 13 AND ADDING SUCH TERRITORY TO SUCH IMPROVEMENT AREA ANNEXATION NO. 13) WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the City Council”), has previously undertaken proceedings to annex that territory known as Otay Ranch Village Eight East, located within the Otay Ranch to an existing Community Facilities District and an Improvement Area designated 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 and the Improvement Area are referred to as COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) (the “District”) and IMPROVEMENT AREA “C,” respectively, and such territory proposed to be annexed is referred to as ANNEXATION NO. 13 (the Territory”); and WHEREAS, this City Council did call for and order to be held an election to submit to the qualified electors of the Territory a proposition relating to the levy of special taxes within the Territory; and WHEREAS, at this time said election has been held and the measure voted upon and such measure did receive the favorable 2/3’s 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 Territory be added to the District and Improvement Area “C” thereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, California, acting as the Legislative Body of Community Facilities District No. 97-2 Preserve Maintenance District), that 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 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. Docusign Envelope ID: 8D0BC1DA-9C8F-4BD5-9CEA-E1BF2045BE9B Resolution No. 2024-151 Page No. 2 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the above recitals are all true and correct. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, t he 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. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, his City Council does hereby determine and declare that the Territory is now added to and becomes a part of the District and Improvement Area “C” thereof. The City Council hereby further determines that the City Council is now authorized to levy the special taxes within the Territory as approved and authorized by the qualified electors of the Territory. SIGNATURES ON THE FOLLOWING PAGE] Docusign Envelope ID: 8D0BC1DA-9C8F-4BD5-9CEA-E1BF2045BE9B Resolution No. 2024-151 Page No. 3 Prepared by Approved as to form by Laura C. Black, AICP Marco A. Verdugo Director of Development Services City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 16th day of July 2024 by the following vote: AYES: Councilmembers: Chavez, Gonzalez, Preciado, and McCann NAYS: Councilmembers: None ABSENT: Councilmembers: Morineau John McCann, 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. 2024-151 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 16th day of July 2024. Executed this 16th day of July 2024. Kerry K. Bigelow, MMC, City Clerk Docusign Envelope ID: 8D0BC1DA-9C8F-4BD5-9CEA-E1BF2045BE9B For Docusign Envelope ID: 8D0BC1DA-9C8F-4BD5-9CEA-E1BF2045BE9B