HomeMy WebLinkAboutReso 2005-041
RESOLUTION NO. 2005-041
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 2001-1 (SAN MIGUEL RANCH), DECLARING
THE RESULTS OF A SPECIAL ELECTION TO AUTHORIZE
MODIFICATIONS TO THE FACILITIES TO BE FINANCED
BY SUCH COMMUNITY FACILITIES DISTRICT, THE RATE
AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
TO BE LEVIED WITHIN IMPROVEMENT AREA B THEREOF
AND BONDED INDEBTEDNESS FOR SUCH IMPROVEMENT
AREAB
WHEREAS, the City Council of the City ofChula 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 Govemment 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. 2001-1 (San Miguel Ranch) (the "District") and the improvement areas are
designated as Improvement Area A and Improvement Area B; and
WHEREAS, the qualified electors of each improvement area of the District, voting in a
special election held on December 11,2001, approved the authorization to (a) 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 B shall be referred to as the "Existing Improvement Area B
RMA") and (b) to incur a bonded indebtedness of the District for Improvement Area B in a
principal amount not to exceed $6,000,000 (the "Existing Improvement Area B Bond
Authorization"); and
WHEREAS, subsequent to the formation of the District and such election, NNP-Trimark
San Miguel Ranch, LLC and Procter Valley West Properties, LLC, the current master developers
of the property within the District, have requested that the City Council, acting as the legislative
body of the District, initiate proceedings to consider modifications to (a) the facilities authorized
to be financed (the "Authorized Facilities") from the proceeds of special taxes levied within
Improvement Area B of the District and/or bonds issued by the District for Improvement Area B
which are secured by the levy of such special taxes, (b) the Existing Improvement Area B RMA
and (c) the Existing Improvement Area B Bond Authorization; 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 B proposition
relating to the proposed modification of the Authorized Facilities, the Existing Improvement
Area B RMA and the Existing Improvement Area B Bond Authorization; 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 voting
Resolution 2005-041
Page 2
thereon, 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 CHULA VISTA,
CALIFORNIA, ACTING AS THE LEGIS LA TIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 2001-1 (SAN MIGUEL RANCH), DOES HEREBY RESOLVE, DECLARE,
FIND, DETERMINE AND ORDER AS FOLLOWS:
SECTION I. 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 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
~~
Ann Moore
City Attorney
Resolution 2005-041
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 8th day of February, 2005, by the following vote:
AYES:
Councilmembers:
Castaneda, Davis, McCann, Rindone and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
:tL &2 LØ--
Stephen ~ Mayor
ATTEST:
-~.LI/.' r~' ð.on. ..->
Susan Bigelow, MMC, City C&;k
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. 2005-041 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 February, 2005.
Executed this 8th day of February, 2005.
=- ~ Il-Á-L. ~i~
Susan Bigelow, MMC, City Cl k
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. 2001-1
(SAN MIGUEL RANCH)
IMPROVEMENT AREA B
ANNEXATION MAP NO. 1
SPECIAL ELECTION
in said City, held February 1,2005.
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 Proposition A in the area proposed to be
annexed to said District in said City, and the totals as shown for the Measure are full, true and correct.
VOTES CAST ON PROPOSITION A:
YES :;:?7 ~
NO - ð -
WITNESS my hand and Official Seal this [#¡
day of fê..ð,frMtLy ,2005.
I
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CITY CLERK
ELECTION OFFICIAL
CITY OF CHULA VISTA
STATE OF CALIFORNIA