HomeMy WebLinkAboutReso 2005-246
RESOLUTION NO. 2005-246
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 AREA DESIGNATED AS COMMUNITY
FACILITIES DISTRICT NO. 97-2 (PRESERVE
MAINTENANCE DISTRICT), IMPROVEMENT AREA "A",
ANNEXATION NO.5, AND ADDING SUCH TERRITORY TO
SUCH IMPROVEMENT AREA
WHEREAS, the City Council of the City of Chula Vista (the "City Council"), has
previously undertaken proceedings to annex certain property to an existing Community Facilities
District and Improvements Area therein 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
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. 97-2 (Preserve Maintenance District), Improvement Area "A", Annexation
No.5 (the "Annexation Area"); 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 measures voted upon and
each such measure did receive the favorable two-third'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 Annexation Area be added to
Improvement Area "A."
NOW, THEREFORE, 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), 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 setting forth the number of votes
Resolution No. 2005-246
Page 2
cast in the election, 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 provlSlons 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 and declare that the Annexation
Area is now added to and becomes a part of Improvement Area "A" of the District. The City
Council hereby further determines that the City Council is now authorized to levy the special
taxes within the Annexation Area as approved and authorized by the qualified electors of the
Annexation Area.
Prepared by
Approved as to form by
-~/'
Sohaib Al-Agha
City Engineer
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Ann Moore
City Attorney
Resolution No. 2005-246
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this 12th day of July, 2005, by the following vote:
AYES:
Councilmembers:
Davis, McCann, Rindone, and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
Castaneda
ATTEST:
--=-L0-~~-'
Susan Bigelow, MMC, Ci' lerk
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. 2005-246 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 12th day of July, 2005.
Executed this 12th day of July, 2005.
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Susan Bigelow, MMC, City Cle
Resolution No. 2005-246
Page 4
EXHIBIT "A"
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
)
) ss.
)
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 ofthe 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. 97-2
(PRESERVE MAINTENANCE DISTRICT)
IMPROVEMENT AREA "A"
ANNEXATION AREA NO.5
SPECIAL ELECTION
in said City, held July 12,2005.
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 the Measures in said District
in said City, and the totals of the respective columns and the totals as shown for the Measures are
full, true and correct.
I.
TOTAL NUMBER OF VOTES CAST:
.LIb>)./
"-It.Dlf
II.
VOTES CAST ON PROPOSITION A:
YES
NO - 0 -
WITNESS my hand and Official Seal this
-0
)/,2 day of
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I
,2005.
,
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Susan Bigelow, MMC, City Clerk
Election Official
City of Chula Vista
State of California