HomeMy WebLinkAboutReso 2000-270 RESOLUTION NO. 2000-270
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, MAKING CERTAIN
PRELIMINARY FINDINGS, PASSING LIPON PROTESTS AND
APPROVING THE SPECIAL TAX REPORT FOR COMMUNITY
FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE -
VILLAGE ONE WEST)
WHEREAS, the City Council has previously declared its intention and ordered the
preparation of a Special Tax Report relating to the initiation of proceedings to create 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 Califomia (the "Ordinance") (the Act and the Ordinance may be
referred to collectively as the "Community Facilities District Law"). This Community Facilities
District shall hereinafier be referred to as COMMUNITY FACILITIES DISTRICT NO. 99-2
(OTAY RANCH SPA ONE - VILLAGE ONE WEST) (the "District"); and
WHEREAS, notice of a public heating relating to the establishment of the District, the extent
of the District, the furnishing of certain services and all other related matters has been given, and a
Special Tax Report, as ordered by this City Council, has been presented to this City Council and has
_ been made a part of the record of the hearing on the Resolution of Intention to establish said District;
and
WHEREAS, all communications relating to the establishment of the District, the proposed
services and the proposed rate and method of apportionment of special tax have been presented, and
it has further been determined that a majority protest as defined by law has not been received against
these proceedings; and
WHEREAS, the Special Tax Report as now submitted further containing changes and
modifications to the proceedings, as applicable, is hereby approved; and
WHEREAS, inasmuch as there have been less than twelve (12) registered voters residing
within the territory of the District for at least the preceding ninety (90) days, this legislative body
desires to submit the levy of the required special tax to the landowners of the District, said
landowners being the qualified electors as authorized by law.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The written protests received, if any, do not represent a majority protest as defined
by the applicable provisions of the Community Facilities District Law.
SECTION 3. The Special Tax Report, as now submitted, shall stand as the Special Tax Report for
all future proceedings and all terms and contents are approved as set forth therein.
Resolution 2000-270 "'-
Page 2 '
SECTION 4. It is hereby determined by this legislative body to proceed with the formation and
establishment of the District, formally known and designated as "COMMUNITY FACILITIES
DISTRICT NO. 99-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST)."
SECTION 5. It is hereby further determined by this legislative body that all proceedings prior
hereto were valid and taken in conformity with the requirements of law, and specifically the
provisions of the Commtmity Facilities District Law, and this finding is made pursuant to the
provisions and authorization of Section 53325.1 of the Government Code of the State of California.
It is further determined by this legislative body that the District as proposed conforms with the City
of Chula Vista Statement of Goals and Policies Regarding the Establishment of Community
Facilities Districts, as amended.
SECTION 6. It is determined by this legislative body that less than twelve (12) registered voters
have resided within the territory of the District for each of the ninety (90) days preceding the close
of the public hearing. Consequently this legislative body further determines that pursuant to the
Community Facilities District Law the qualified electors shall be the landowners of the District and
each landowner who is the owner of record as of the close of the public hearing, or the authorized
representative thereof, shall have one vote for each acre or portion of an acre of land that she or he
owns within the District.
SECTION 7. It is determined by this legislative body that the time limit specified by the
Community Facilities District Law for conducting an election to submit the levy of the special taxes
to the qualified electors of the District and the requirements for impartial analysis and ballot
arguments have been waived with the unanimous consent of the qualified electors of the District. It
is further determined by this legislative body that the City Clerk, acting as the election official, has
consented to conducting any required election on a date which is less than 125 days following the
adoption of any resolution forming and establishing the District.
SECTION 8. It is hereby further determined by this legislative body that the proposed public
services are necessary to meet increased demands placed upon the City as a result of development
and/or rehabilitation occurring in the District.
Prepared by Approved as to form by
Resolution 2000-270
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PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
Califomia, this lst day of August, 2000, by the following vote:
AYES: Councilmembers: Davis, Padilla, Salas, and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: Moot
d
Shirley Horton, Mayor
ATTEST:
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. 2000-270 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 1s' day of August, 2000.
Susan Bigelow, City Cle}~Z