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HomeMy WebLinkAboutReso 2001-331 RESOLUTION NO. 2001-331 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO ISSUE BONDS SECURED BY SPECIAL TAXES TO PAY FOR THE ACQUISITION OF CERTAIN FACILITIES IN COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH) WHEREAS the City Council has initiated 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 California (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 California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Comanunity Facilities District Law") to finance the acquisition of certain authorized facilities. This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH) (the "District"); and WHEREAS, this City Council intends to designate two improvement areas within the District pursuant to the provisions of the Community Facilities District Law for the purpose of contributing to the financing of such authorized facilities, such improvement areas to be known as Improvement Area A and Improvement Area B (individually, an "Improvement Area" or collectively, the "Improvement Areas"); and, WHEREAS, it is the intention of this legislative body to finance the acquisition of all or a portion of such facilities through the issuance of bonds to be issued for each Improvement Area, such bonds to be secured by special taxes to be levied on taxable property within each such Improvement Area, all as authorized pursuant to thc Community Facilities District Law. NOW THEREFORE IT IS HEREBY RESOLVED: SECTION 1. The above recitals are all true and correct. SECTION 2. This City Council declares that the public convenience and necessity requires that a bonded indebtedness be incurred by the District for each Improvement Area therein, to contribute to the financing of all or a portion of the authorized facilities. SECTION 3. The purpose for the proposed debt of the District for each Improvement Area is to contribute to the financing of the acquisition of authorized facilities consisting of the types of public facilities described in Exhibit A attached hereto and incorporated herein by this reference (the "Facilities"). SECTION 4. The amount of the bonded indebtedness for each Improvement Area may include all costs and estimated costs incidental to, or connected with, the accomplishment of the purpose Resolution 2001-331 Page 2 for which the indebtedness is proposed to be incurred as authorized pursuant to the Community Facilities District Law. The amount of the indebtedness proposed to be authorized for each Improvement Area is: Improvement Area A - $15,000,000 Improvement Area B - $6,000,000 SECTION 5. NOTICE IS GiVEN THAT ON NOVEMBER 6, 2001, AT THE HOUR OF 4:00 O'CLOCK P.M. 1N THE REGULAR MEETING PLACE OF THE LEGISLATiVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, LOCATED AT 276 FOURTH AVENUE, CHULA VISTA, CALIFORNIA, A HEARING WILL BE HELD ON THE INTENTION OF THIS LEGISLATIVE BODY TO INCUR A SEPARATE BONDED INDEBTEDNESS OF THE DISTRICT FOR EACH IMPROVEMENT AREA THEREIN TO CONTRIBUTE TO THE FINANCING OF THE FACILITIES, EACH SUCH iNDEBTEDNESS TO BE SECURED BY THE LEVY OF SPECIAL TAXES WITHIN EACH SUCH IMPROVEMENT AREA. AT THE TIME AND PLACE FIXED FOR SAID PUBLIC HEARING ANY PERSONS INTERESTED, INCLUDING PERSONS OWNING PROPERTY WITHIN EITHER OF THE IMPROVEMENT AREAS, MAY APPEAR AND PRESENT ANY MATTERS RELATING TO THE PROPOSED INTENTION AND NECESSITY FOR INCURRING A SEPARATE BONDED INDEBTEDNESS OF THE DISTRICT FOR EACH IMPROVEMENT AREA THEREIN, EACH SUCH INDEBTEDNESS WHICH WILL CONTRIBUTE TO THE FINANCING OF ALL OR A PORTION OF THE FACILITIES AND WHICH WILL BE SECURED BY A SPECIAL TAX TO BE LEVIED WITHIN EACH SUCH IMPROVEMENT AREA. SECTION 6. Notice of the time and place of the public hearing shall be given by the City Clerk by publishing a Notice of Public Hearing in a legally designated newspaper of general circulation, said publication pursuant to Section 6061 of the Government Code, with said publication to be completed at least seven (7) days prior to the date set for the public hearing. Presented by Approved as to form by JoJ~ll P. Lippitt ~ John M. Kaheny Putblic Works Director City Attorney Resolution 2001-331 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 25th day of September, 2001, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, S alas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None Shirley Hort¢n, 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, California, do hereby certify that the foregoing Resolution No. 2001-331 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 25th day of September, 2001. Executed this 25th day of September, 2001. Susan Bigelow, City Clerk EXHIBIT A DESCRIPTION OF TYPES OF FACILITIES The types of public facilities authorized to be financed by the levy of special taxes within each Improvement Area shall include streets, landscaping within public rights-of-way, sewers and public utilities as may be authorized by the goals and policies of the City Council pertaining to the use of the Community Facilities District Law.