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HomeMy WebLinkAboutReso 2000-267 RESOLUTION NO. 2000-267 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ESTABLISHING AN ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNB OW II - VILLAGES 5 THROUGH 10) FOR FISCAL YEAR 2000-2001 WHEREAS, the City Council has initiated proceedings, held a public heating, conducted an election and received a favorable vote from the qualified electors to authorize the levy of a special tax in a community facilities district, all 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 Govemment Code of the State of Califomia (the "Act"). This Community Facilities District is designated as COMMUNITY FACILITIES DISTRICT NO. 2000-1 (Sunbow II -Villages 5 through 10) (the "District"); and WHEREAS, this City Council has, by the adoption of Ordinance No.2814 (the "Ordinance") pursuant to the Act, authorized the levy of special taxes within the District to pay for costs and expenses of the District, and this City Cotmcil desires to establish the specific rate of the special tax to be levied and collected for the current fiscal year; and WHEREAS, this City Council has previously authorized the issuance of bonds of the District in the principal amount not to exceed $8,000,000 (the "Bonds") to be secured by and paid from the proceeds of the levy of the special taxes within the District; and WHEREAS, such Bonds are to be sold and the debt service schedule for the Bonds is to be established after the date on which this resolution is adopted; and WHEREAS, there has been presented to this City Council for its consideration specific rates of the special tax to be levied and collected for the current fiscal year which are based upon projections of the debt service schedule for the Bonds and other authorized costs and expenses of the District; and WHEREAS, this City Council desires to establish specific rates of the special tax to be levied and collected for the current fiscal year based upon such projections and to delegate to the City Manager the authority to adjust such specific rates based upon the actual debt service schedule established for the Bonds; and WHEREAS, Government Code Section 53340 provides that this City Council may provide, by resolution, for the levy of the special taxes in the current tax year at the same rates or at a lower rate than the rate provided for in the Ordinance, if such resolution is adopted and a certified list of all parcels subject to the special tax levy including the amount of the special tax to be levied on each parcel for the current tax year (the "Certified Parcel List"), is timely filed by the official designated by this City Council with the Auditor of the County of San Diego (the "County Auditor"). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, acting as the legislative body of Community Facilities District No. 2000-1 (Sunbow II - Villages 5 through 10), as follows: SECTION 1. The above recitals are all tree and correct. Resolution 2000-267 ----, Page 2 SECTION 2. Subject to adjustment as provided for in Section 3 below, this City Council hereby authorizes the levy of the special tax for the current fiscal year (Fiscal Year 2000/2001) at the rates set forth in Exhibit "A" attached hereto and incorporated herein by this reference. SECTION 3. The City Manager is hereby authorized to adjust and ~nalize the specific rates of the special tax as set forth in Exhibit "A" to reflect the actual debt service schedule for the Bonds so long as such special tax rates do not exceed the maximum special tax authorized to be levied in accordance with the Ordinance. The City Manager is further authorized and directed to prepare or cause to be prepared the Certified Parcel List based upon the final special tax rates and to submit or cause the Certified Parcel List to be submitted to the County Auditor on or before August 10th, 2000, or such later date to which the County Auditor may agree. SECTION 4. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the tax collector of the County of San Diego is hereby authorized to deduct reasonable adminish'ative costs incurred in collecting any said special tax. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the City of Chula Vista, acting for and on behalf of the District. SECTION 5. The County Auditor is hereby directed to enter in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax" or by any other suitable designation, the installment of the special tax as shall be set forth in the Certified Parcel List. SECTION 6. The County Auditor shall then, at the close of the tax collection period, promptly render to the District a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. SECTION 7. This resolution shall become effective upon its adoption. Prepared by Approved as to form by Jpo PLi isttDirector Jo Aaheny Resolution 2000-267 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 1st day of August, 2000, by the following vote: AYES: Councilmembers: Davis, Moot, Padilla, Salas, and Horton NAYS: Counci lmembers: None ABSENT: Councilmembers: None Shirley Horton,/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, Califomia, do hereby certify that the foregoing Resolution No. 2000-267 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 1st day of August, 2000. Executed this 1~t day of August, 2000. Susan Bigelow, City Cleft R2000-267 EXHIBIT A CFD 2000-1 Sunbow II Villages 5 through 11 Category Maximum FY2000-01 Estimated Revenue Actual Residential $ .44/SF $ .44/SF 0 Undeveloped $7851/Acre $3263.61/Acre $611,214 Property Owner $7851/Acre SO/Acre 0 Association