HomeMy WebLinkAboutReso 2005-042
RESOLUTION NO. 2005-042
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING THE RESULTS OF A SPECIAL
ELECTION IN TERRITORY AREA TO BE ANNEXED TO
COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN
MIGUEL RANCH) AND IMPROVEMENT AREA B THERETO
WHEREAS, the City Council of the City of Chula Vista, California (the "City Council"),
has previously undertaken proceedings to annex certain property (the "Annexation Area") to an
existing Community Facilities District and an improvement area thereto pursuant to the terms
and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part
I, 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 ofChula 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 area has been designated as Improvement Area B; and
WHEREAS, this City Council did call for and order to be held an election to submit to
the qualified electors of the annexation area a proposition relating to the levy of special taxes
within the annexation area; 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 voting 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 and to order that the annexation area be added to
the District and Improvement Area B thereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 2001-1 (SAN MIGUEL RANCH), 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 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.
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 does hereby determine, declare and order that the annexation
area be added to and become a part of the District and Improvement Area B thereto. The City
Council hereby further determines that the City Council is now authorized to levy the special
Resolution 2005-042
Page 2
taxes within the annexation area as approved and authorized by the qualified electors of the
annexation area.
Prepared by
Approved as to form by
J~~~
Gene Services Director
G-~
Ann Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula 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:
None
œ, tL
dilla, Mayor
ATTEST:
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Susan Bigelow, MMC, City erk
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. 2005-042 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.
- -=----~ ~I~t"~
Susan Bigelow, MMC, 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. 2001-1
(SAN MIGUEL RANCH)
IMPROVEMENT AREA B
ANNEXATION MAP NO. I
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 :::?-¡t..
NO- D -
WITNESS my hand and Official Seal this
PM day of Fed¡(<J..II,L-Y , 2005.
(
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CITY CLERK
ELECTION OFFICIAL
CITY OF CHULA VISTA
STATE OF CALIFORNIA