HomeMy WebLinkAboutReso 2000-053 RESOLUTION NO. 2000-053
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 98-3
(OPEN SPACE MAINTENANCE DISTRICT NO. 35 [SUNBOW
II]), MAKING AND ESTABLISHING CERTAIN
INTERPRETATIONS REGARDING THE RATE AND METHOD
OF APPORTIONMENT OF SPECIAL TAXES WITHIN SUCH
COMMUNITY FACILITIES DISTRICT
WHEREAS, the City Council has previously undertaken proceedings to form and has formed
a community facilities district, 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 Califomia (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"), for the purpose of
financing the maintenance of certain public improvements. Such Community Facilities District shall
hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 98-3 (OPEN SPACE
MAINTENANCE DISTRICT NO. 35 [SUNBOW II]) (the "District"); and
WHEREAS, the City Council and the qualified electors within the District have authorized
the levy of special taxes within the District to finance such maintenance; and
WHEREAS, such special taxes are authorized to be levied pursuant to the rate and method
of apportionment of such special taxes (the "Special Tax Formula"); and
WHEREAS, the City Council, in adopting the resolution forming and establishing the
District, did reserve to itself the authority to make interpretations of the Special Tax Formula for
purposes of clarifying any vagueness or ambiguity in the Special Tax Formula as it relates to any
category, zone, rate or definition therein; and
WHEREAS, as a result of the unique configuration of that property within the District
located within Planning Area 6, i.e., property is located within both the District and Open Space
District No. 18, the literal application of the provisions of the Special Tax Formula to the actual
development of that portion of Planning Area 6 which is within the District triggers an unintended
and unnecessary levy of the Extraordinary Special Tax and, therefore, the City staff and special
counsel have recommended and requested that the City Council make certain interpretations of the
Special Tax Formula to provide a clarification of the Extraordinary Special Tax provisions to avoid
such unintended and unnecessary levy of the Extraordinary Special Tax; and
WHEREAS, the recommended interpretation is contained within the proposed modification
of Exhibit C to the Special Tax Formula set forth in Attachment A hereto which is hereby
incorporated herein by this reference.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
Resolution 2000-053 -~-
Page 2
SECTION 2. The City Council hereby finds and determines that the interpretation of the Special
Tax Formula which is manifest in the modification to Exhibit C to the Special Tax Formula is
consistent with the intent of the Special Tax Formula and avoids an unintended and unnecessary levy
of the Extraordinary Special Tax and, therefore, approves and makes the interpretation of the Special
Tax Formula as set forth Exhibit C, as modified, in Attachment A hereto. Such interpretation shall
apply to and govem the application and levy of special taxes within the District pursuant to the
Special Tax Formula.
Prepared by Approved as to form by
hnP t5-/
~ . Lippitt Joht~l. Kaheny
orks Director ~ Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
Califomia, this 15th day of Febrnary, 2000, by the following vote:
AYES: Councilmembers: Davis, Moot, Padilla, Salas, and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Shirley Hort]n, Mayor
ATTEST:
Susan Bigelow, City Clerk
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. 2000-053 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 15th day of February, 2000.
Executed this 15th day of February, 2000.
Susan Bigelow, City Clerk