HomeMy WebLinkAboutReso 1999-19534 RESOLUTION NO. 19534
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA, DECLARING INTENTION TO AUTHORIZE
THE FUTURE ANNEXATION OF TERRITORY TO A COMMUNITY
FACILITIES DISTRICT 99-1 (OTAY RANCH SPA ONE
PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE
WEST)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, ("City
Council"), at this time desires to authorize the future annexation of territory to a Community
Facilities District pursuant to the terms 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, and specifically Article
3.5 thereof. The Community Facilities District has been designated as COMMUNITY
FACILITIES DISTRICT NO. 99-1 (OTAY RANCH SPA ONE - PORTIONS OF VILLAGE ONE,
VILLAGE FIVE AND VILLAGE ONE WEST) (the "District"); and
WHEREAS, it is determined to be within the best public interest and convenience to
establish a procedure to authorize and provide for the future annexation of territory to the
District and further to specify the amount of special taxes that would be levied and set forth
the terms and conditions for certification of any annexation in the future; and,
WHEREAS, the area proposed to be annexed in the future shall be known and
designated as COMMUNITY FACILITIES DISTRICT NO. 99-1 (FUTURE ANNEXATION AREA)
(the "Future Annexation Area"), and a map showing the Future Annexation Area has been
submitted, which said map is hereby approved and a copy of said map shall be kept on file
with the transcript of these proceedings.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. That the above recitals are all true and correct.
AUTHORIZATION
SECTION 2. That these proceedings for future annexations are authorized and initiated by this
legislative body pursuant to the authorization of Section 53339.2 of the Government Code of
the State of California.
PUBLIC CONVENIENCE AND NECESSITY
SECTION 3. That this legislative body hereby determines that the public convenience and
necessity requires a procedure to authorize and provide for territory to be annexed in the
future to the District in order to pay the costs and expenses for the required and authorized
public facilities.
BOUNDARIES
SECTION 4. A general description of the territory included in the District is hereinafter
described as follows:
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Page 2
All that property and territory as previously included within the original District,
as said property was shown on a map as approved by this legislative body
designated by the name of the original District, a copy of which is on file in the
Office of the City Clerk, as well as the County Recorder.
A description of the boundaries and territory of the Future Annexation Area is as follows:
All that property and territory in the Future Annexation Area, 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 Future
Annexation Area, a copy of which is on file in the Office of the City Clerk and
shall remain open for public inspection. Future annexation proceedings can only
be completed with the unanimous consent of the owner or owners of any
parcel proposed for final annexation.
NAME OF DISTRICT
SECTION 5. The name of the District is COMMUNITY FACILITIES DISTRICT NO. 99-1,
(OTAY RANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE
WEST) and the designation for the Future Annexation Area shall be COMMUNITY FACILITIES
DISTRICT NO. 99-1 (FUTURE ANNEXATION AREA).
FACILITIES
SECTION 6. The types of public facilities provided in the existing District are those
described in Exhibit "A" which is incorporated herein by this reference, a copy of which is on
file in the office of the City Clerk.
No additional facilities will be necessary or provided in the Future Annexation Area and
the facilities as described for the District will serve the properties within the Future Annexation
Area.
SPECIAL TAXES
SECTION 7. It is the further intention of this City Council body that, except where funds
are otherwise available, a special tax sufficient to pay for such facilities and related incidental
expenses authorized by the Community Facilities District Law, 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 such Future Annexation Area. Under no
circumstances will the special tax levied against any parcel used for private residential
purposes be increased as a consequence of delinquency or default by the owner of any other
parcel or parcels within the Future Annexation Area by more than 10 percent. For further
particulars as to the rate and method of apportionment of the proposed special tax, reference
is made to the incorporated Exhibit "B" (the "Special Tax Formula"), a copy of which is on file
in the office of the City Clerk, which sets forth in sufficient detail the method of
apportionment to allow each landowner or resident within the proposed Future Annexation
Area to clearly estimate the maximum amount that such person will have to pay.
The special taxes herein authorized, to the extent possible, shall be collected in the
same manner as ad valorera property taxes and shall be subject to the same penalties,
procedure, sale and lien priority in any case of delinquency as applicable for ad valorera taxes.
Any special taxes that may not be collected on the County tax roll shall be collected through
a direct billing procedure by the Treasurer.
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The special tax obligation of any pa,rcel located within the Future Annexation Area may
be prepaid and satisfied by the payment of the amount calculated pursuant to the Special Tax
Formula.
EFFECTIVE DATE
SECTION 8. Annexation of property in the future shall be effective upon the unanimous
approval of the owner or owners of parcels at the time the parcel is annexed, and no further
public hearings or additional proceedings will be required.
PUBLIC HEARING
SECTION 9. NOTICE IS GIVEN THAT ON THE 17th DAY OF AUGUST, 1999, AT THE
HOUR OF 6:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE
BODY, BEING THE COUNCIL CHAMBERS, 276 FOURTH AVENUE, CHULA VISTA,
CALIFORNIA, A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE BODY WILL
CONSIDER THE AUTHORIZATION FOR THE ANNEXATION OF CERTAIN TERRITORY IN THE
FUTURE TO THE DISTRICT, THE PROPOSED METHOD AND APPORTIONMENT OF THE
SPECIAL TAX TO BE LEVIED WITHIN THE FUTURE ANNEXATION AREA AND ALL OTHER
MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. ANY INTERESTED
PERSONS MAY APPEAR AND BE HEARD, AND WRITTEN PROTESTS SHALL BE FILED ON OR
BEFORE THE TIME FIXED FOR THE PUBLIC HEARING.
NOTICE
SECTION 10. Notice of the time and place of the public hearing shall be given by the City
Clerk by publication in the 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 days prior to the date set for the public hearing.
Prepared by Approved as to form by
PZ ,ie or : e
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PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13th day of July, 1999, by the following vote:
AYES: Councilmembers: Davis, Moot, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: Padilia
ABSTAIN: Councilmembers: None
Sh~a~yor'~'
ATTES F:
Susan Bigelow, City Cle
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. 19534 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 13'h day of July, 1999,
Executed this 13'h day of July, 1999.
Susan Bigelow, City Clerk