HomeMy WebLinkAboutReso 2007-018
RESOLUTION NO. 2007-018
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACTING 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 "C,"
ANNEXATION NO.6 (OTAY RANCH VILLAGE TWO), AND
ADDING SUCH TERRITORY TO SUCH COMMUNITY
FACILITIES DISTRICT AND IMPROVEMENT AREA
WHEREAS, the City Council of the City of Chula Vista (City Council), has previously
undertaken proceedings to annex certain property 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 I, Division 2, Title 5 of the
Government Code of the State of California (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 (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) and Improvement Area
"C," respectively, and the property proposed to be annexed is referred to as Annexation No.6
(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 measure voted upon and each
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 Annexation Area be added to Improvement
Area "C."
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING AS THE LEGIS LA TIVE 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
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.
Resolution No. 2007-018
Page 2
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 and declare that the Annexation
Area is now added to and becomes a part of Improvement Area "C" 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
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Scott Tulloch
City Engineer
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Ann Moore '
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this 23'd day of January 2007 by the following vote:
AYES:
Councilmembers:
Castaneda, McCarm, Ramirez, Rindone, and Cox
NAYS:
ABSENT:
Councilmembers:
None
Councilmembers:
None
ATTEST:
'1
Cheryl co?'~J~
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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. 2007-018 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 23rd day of January 2007.
Executed this 23rd day of January 2007.
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Susan Bigelow, MMC, City CI
Resolution No. 2007-018
Page 3
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. 97-2
(PRESERVE MAINTENANCE DISTRICT)
IMPROVEMENT AREA "C"
ANNEXATION AREA NO.6
SPECIAL ELECTION
in said City, held January 16,2007.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast
in the Annexation Area of the District in said City, and the whole number of votes cast for the
Measure in the Annexation Area of the District in said City, and the totals as shown for the
Measure are full, true and correct.
I.
TOTAL NUMBER OF VOTES CAST:
738
II.
VOTES CAST ON PROPOSITION A:
YES~
NO 0
WITNESS my hand and Official Seal this 23rd day of January, 2007.
:= ~t..u 6.J..~~
Susan Bigelow, MMC
CITY CLERK
ELECTION OFFICIAL
CITY OF CHULA VISTA
STATE OF CALIFORNIA