HomeMy WebLinkAboutReso 2000-210- RESOLUTION NO. 2000-210
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]), MAK1NG THE DETERMINATION THAT SURPLUS FUNDS
EXIST FOR SERVICES WITHiN SUCH COMMUNITY
FACILITIES DISTRICT AND AUTHORIZiNG THE REFUND OF
SPECIAL TAXES COLLECTED FROM THE UNDEVELOPED
PROPERTIES
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
hereinafier be referred to as COMMLrNITY 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, as a result of current bids, delayed turnover of open space and current
development schedules, there is a surplus of funds in the District and, therefore, the City staff has
recommended and requested that the City Council make the determination that a surplus of funds
exist; and
WHEREAS, special taxes are first collected from developed properties pursuant to the
Special Tax Formula and then collected from the undeveloped properties in the event that additional
funds are needed to provide services, and therefore City staff has recommended and requested that
the City Council authorize a refund of Special Taxes collected from the Undeveloped Properties.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The City Council hereby finds and determines that surplus ~mds exist for services
within the District and authorizes the refund in the amount of $83,784.06 of special taxes collected
from the undeveloped properties.
Resolution 2000-210
Page 2
Prepared by Approved as to form by
P L~ ~ J . Kaheny
J . 'pp'tt
ks Director ey
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
Califomia, this 20th day of June, 2000, by the following vote:
AYES: Councilmembers: Davis, Padilla, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: Moot and Horton
Shirley Horton, ~a~or
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing
Resolution No. 2000-210 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 20th day of June, 2000.
Executed this 20th day of June, 2000.
Susan Bigelow, City Clerk