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HomeMy WebLinkAboutReso 2000-261 RESOLUTION NO. 2000-261 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, APPROV1NG THE FORM OF AN ACQUISITION/FINANCING AGREEMENT PERTAINING TO COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNBOW II- VILLAGES 5 THROUGH 10) WHEREAS, the City Council has held and conducted proceedings relating to the levy of special taxes and the issuance of bonds in a community facilities district to finance the acquisition of certain public improvements, as authorized 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 Califomia (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). Such community facilities district is designated as COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNBOW II - VILLAGES 5 THROUGH 10) (the "District"); and WHEREAS, the District was formed for the purpose of financing the acquisition of such public improvements from ACI Sunbow, LLC, the major owner of the property within the District (the "Landowner"); and WHEREAS, the City and the Landowner have negotiated the terms and conditions pursuant to which the public improvements are to be acquired by the City and bonds are to be issued to finance the acquisition of such public improvements and such terms and conditions have been memorialized in an Acquisition/Financing Agreement by and between the City and the Landowner (the "Acquisitionf Financing Agreement"), the form of which has been presented to this City Council for its consideration and approval. NOW, THEREFORE, IT IS HEREBY RESOLVED: SECTION 1. The above recitals are all true and correct. SECTION 2. The form of Acquisition/Financing Agreement, herewith submitted, is approved substantially in the form submitted. The City Manager or the Director of Finance are each hereby authorized to execute the final form of such agreement on behalf of the City. The City Manager or the Finance Director, subject to the review of the City Attomey and Best Best & Krieger LLP, Bond Counsel, are each authorized to approve changes in such agreement deemed to be in the best interests of the City, approval of such changes to be evidenced by the execution of such agreement. Prepared by Approved as to form by ~rks Director ~mey Resolution 2000-26 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, Califomia, this 25th day of July, 2000, by the following vote: AYES: Councilmembers: Davis, Moot, Padilla, Salas, and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: Sh'~' 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. 2000-261 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 25 day of July, 2000. Executed this 25th day of July, 2000. Susan Bigelow, City Clerk