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HomeMy WebLinkAboutReso 2000-272 RESOLUTION NO. 2000-272 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST), AUTHORIZING THE ANNEXATION OF TERRITORY IN THE FUTURE TO SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the City Council has declared its intention, conducted proceedings and held a public hearing relating to the authorization to annex territory in the future to a commtmity 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 California, and specifically Article 3.5 thereof. The existing Community Facilities District is designated as COMMUNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST) (the "District"); and WHEREAS, it has now been determined to be within the best public interest and convenience to establish a procedure to allow and provide for future annexations to the District and further to specify the amount of special taxes that would be levied in any territory subject to future annexation, as well as setting forth the terms and conditions for certification of any annexation in the future; and WHEREAS, the territory proposed to be annexed in the future shall be known and designated as COMMLVNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST) (FUTURE ANNEXATION AREA) (the "Future Annexation Area"), and a map showing the territory in the Future Annexation Area has been submitted and previously approved and a copy of said map is and shall be kept on file with the transcript of these proceedings; and WHEREAS, it has now been further determined that written protests have not been received representing a majority protest against the future annexation proceedings. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: RECITALS SECTION 1. The above recitals are all tree and correct. ANNEXATION AUTHORITY SECTION2. ThislegislativebodydoesherebyauthofizetheannexationoftheFutureAnnexation Area in the future pursuant to the provisions and authorization of Section 53339.7 of the Government Code of the State of California. PUBLIC CONVENIENCE AND NECESSITY SECTION 3. This legislative body hereby determines that the public convenience and necessity requires a procedure to allow and authorize the Future Annexation Area to be annexed in the future to the District in order to pay the costs and expenses for the required and authorized public services. Resolution 2000-272 Page 2 BOUNDARIES SECTION 4. A description of the boundaries and territory proposed to be annexed in the future is as follows: All that property and territory within the Future Annexation Area proposed to be annexed in the future to the District, as said property is shown on a map as previously approved by this legislative body, said map identified by the name of the District and further designated as the Future Annexation Area, a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. NAME OF DISTRICT SECTION 5. The name of the District is COMMUNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE VILLAGE ONE WEST), and the designation for the Future Annexation Area shall be COMMUNITY FACILITIES DISTRICT NO 99-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST) (FUTURE ANNEXATION AREA). SERVICES SECTION 6. The services which the District is authorized to finance are in addition to those provided in or required for the territory within the District and the Future Annexation Area and will not be replacing services already available. A general description of the services to be financed is as follows: The maintenance and servicing of public facilities including irrigation, cultivation, installation and replacement of plant material, tree trimming and necessary supplies, personnel, utility and equipment costs; contract services where applicable; maintenance and servicing of parks, parkway landscaping and medians, drainage facilities, pedestrian bridges and open space slopes, trails and walls. No additional services will be necessary or provided in the Future Annexation Area and the services as described for the District will serve the properties within the Future Annexation Area. SPECIAL TAXES SECTION 7. It is the intention of this legislative body that, except where funds are otherwise available, a special tax sufficient to pay for said services to be provided in the District and the Future Annexation Area, secured by recordation of a continuing lien against all non-exempt real property in the Future Annexation Area, will be levied annually within the boundaries of the Future Annexation Area from and after the annexation of such property to the District. The special taxes shall be those as originally authorized through the formation of the District and adopted by Ordinance of this legislative body, and no changes or modifications are proposed in the special taxes from those as originally set forth and made applicable to the District. Resolution 2000-272 Page 3 For particulars as to the rate and method of apportionment of the proposed special tax (the "Special Tax Formula"), reference is made to the attached and incorporated Exhibit "A," which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the Future Annexation Area to clearly estimate the maximum annual amount that said person will have to pay on said special tax. This legislative body further authorizes that special taxes may be prepaid and satisfied by payment of the prepayment amount calculated pursuant to the Special Tax Formula. The special taxes, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. ANNEXATION EFFECTIVE DATE SECTION 8. Annexation of property in the future shall be effective only with the unanimous approval of the owner or owners of each parcel or parcels at the time that any parcel is proposed for annexation. Upon receipt of the written consent, no further public hearings or additional election proceedings will be required. VALIDITY OF PROCEEDINGS SECTION9. Itisherebyfurtherdeterminedbythislegislativebodythatallannexationproceedings hereto were valid and in conformity with the requirements of law, and specifically the provisions of the "Mello-Roos Community Facilities Act of 1982." NOTICE SECTION 10. Immediately upon the receipt of a property owner consent and the certification of the annexation proceedings and approval of such annexation by the City Council, a notice of the annexation shall be recorded in the Office of the County Recorder as required by Section 53339.8 of the Government Code of the State of Califomia. Prepared by Approved as to form by Resolution 2000-272 Page 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, Califomia, this 1st day of August, 2000, by the following vote: AYES: Councilmembers: Davis, Padilia, Salas, and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: Moot Shirley Horto~,, Mayor ATTEST: Susan Bigelow, City Cle~ ,t-~. 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. 2000-272 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 1st day of August, 2000. Susan Bigelow, City Clerg