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HomeMy WebLinkAboutReso 2012-136RESOLUTION N0.2012-136 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2012/2013 WITHIN COMMUNITY FACILITIES DISTRICTS 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 06-I, 07-I, 07-M, 08-I, 08-M, 09-M, 11-M, 12-I, 12-M, 13-I AND 13-M; AND DELEGATING TO THE CITY MANAGER, OR DESIGNEE, THE AUTHORITY TO PREPARE AND SUBMIT A CERTIFIED LIST OF ALL PARCELS SUBJECT TO THE SPECIAL TAX, INCLUDING THE AMOUNT OF THE TAX, TO THE COUNTY AUDITOR WHEREAS, the following Community Facilities Districts (CFD)s have been previously established in accordance with the "The Mello-Roos Community Facilities Act of 1982" ("The Act"): 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 06-I, 07-I, 07-M, 08-I, 08-M, 09-M, 11-M, 12-I, 12-M, 13-I and 13-M; and WHEREAS, pursuant to The Act, each yeaz following the establishment of a Community Facilities District, the City Council may provide, by resolution, for the levy of the special tax at the same rate ("Maximum Special Tax Rate") as provided by the ordinance adopted, which established the respective CFD, or at a lower rate; and WHEREAS, the Maximum Special Tax Rate(s) for Community Facilities Districts 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 06-I, 07-I, 07-M, 08-I, 08-M, 09-M, 11-M, 12-I, 12-M, 13-I and 13-M that aze authorized to be levied for Fiscal Year 2012/2013 aze set forth in Exhibits A through U, as presented to the City Council and on file in the Office of the City Clerk and incorporated herein by reference as if set forth in full; and WHEREAS, once the City Council provides for the levy of the special tax by resolution, the amount of the special tax levy is calculated and applied based on the previously-approved budget for the respective CFD and the approved method of allocation; and WHEREAS, section 53340 of The Act permits the City Council to authorize the clerk or other official to file, with the County Auditor, a certified list of all pazcels subject to the levy, including the amount of tax to be levied on each parcel for the applicable tax year; and WHEREAS, the certified list must be filed on or before August 10 of that tax yeaz. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista acting as the legislative body of Community Facilities Districts 97-1, 97-2, 97-3, 98-I, 98- 2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 06-I, 07-I, 07-M, 08-I, 08-M, 09-M, 11-M, 12-I, 12- M, 13-I and 13-M respectively, does hereby: Resolution No. 2012-136 Page No. 2 SECTION 1. Establish the Maximum Special Tax Rates that may be levied for Fiscal Year 2012/2013 in Community Facilities Districts 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 06-I, 07-I, 07-M, 08-I, 08-M, 09-M, 11-M, 12-I, 12-M, 13-I and 13-M as the rates as presented to the City Council and on file in the Office of the City Clerk Exhibits A through U. SECTION 2. In accordance with California Government Code section 53340, delegate the authority to and designate the City Manager, or his designee, as the official to prepaze and submit a certified list of all parcels subject to the levy of the Special Tax, including the amount of the Special Tax to be levied on each pazcel for Fiscal Yeaz 2012/2013, which Special Tax shall be based upon the budget for each such community facilities district as previously approved by this City Council and which shall not exceed the applicable Maximum Special Tax set forth in Exhibits A through U as presented to the City Council and on file in the Office of the City Clerk, and to file such list with the auditor of the County of San Diego on or before August 10, 2012 or such other later date with the prior written consent of such auditor. Presented by Approved as to form by Richazd A. Hop ci len R. ogins Director of Public Works ey Resolution No. 2012-136 Page No. 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 10th day of July 2012 by the following vote: AYES: Councilmembers: Bensoussan, Castaneda, Ramirez and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: Aguilar 11 Cheryl Cox, ay r ATTEST: t,rc4, D/,h,J= Donn R. Norris, CM ,City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2012-136 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 10th day of July 2012. Executed this 10th day of July 2012. Donna R. Noms, CMC, City Clerk