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HomeMy WebLinkAboutReso 2000-137 RESOLUTION NO. 2000-137 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, APPROVING THE INITIATION OF PROCEEDINGS TO CONSIDER THE FORMATION OF A COMMUNITY FACILITIES DISTRICT FOR A PORTION OF THE SUNBOW DEVELOPMENT WHEREAS, the CITY OF CHULA VISTA, CALIFORNIA, has been presented with and has received an application from ACI Sunbow, LLC (the "Applicant"), requesting that this City Council initiate proceedings pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Government Code Section 53311 et seq.) (the "Act") to form a community facilities district preliminarily designated as Community Facilities District No. 2000-1 (the "District") for the purpose of financing all or a portion of the cost of the acquisition of certain public facilities; and WHEREAS, the Applicant has requested that the District encompass that territory within Villages 5 through 10 of Sunbow II; and WHEREAS, such application has, as required by the City of Chula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities District (the "Goals and Policies") previously adopted by this City Council, been reviewed by the community facilities district application review committee (the "Review Committee") designated in such Goals and Policies; and WHEREAS, based upon such review and pursuant to the Goals and Policies, the City Manager has recommended that this City Council accept the report of the Review Committee and authorize the initiation of proceedings to consider the formation of the District subject to subsequent compliance of the proposed District with the Goals and Policies, including without limitation, the financial feasibility of the proposed District and the development of the property within the District. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. This City Council hereby accepts the Review Committee report. SECTION 3. This City Council hereby authorizes the initiation of proceedings to consider the formation of the District as requested by the Applicant subject to all requirements of the Act and the Goals and Policies. The decision of this City Council to form the District is an exercise of the legislative authority of this City Council. The adoption of this Resolution does not, therefore, obligate this City Council to exercise its legislative discretion in a particular manner. This Resolution does not in any way create a contractual, legal or equitable obligation of or commitment by this City Council to approve the formation of the District. This City Council expressly reserves the fight to abandon the proceedings to consider the formation of the District for any reason at any time prior to the completion thereof. SECTION 4. This Resolution shall become effective upon its adoption. Resolution 2000-137 Page 2 Presented by Approved as to form by J P. Lippit( John Klheny ic Works Director Cci~y'~ttomey PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 2nd day of May, 2000, by the following vote: AYES: Councilmembers: Davis, Moot, Padilla, Salas, and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None Sh~,~May~~ ATTEST: Susan Bigelow, City CI~ 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. 2000-137 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 2"d day of May, 2000. Executed this 2"a day of May, 2000. Susan Bigelow, City Clerl~