HomeMy WebLinkAboutReso 1999-19560
- RESOLUTION NO. 19560
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 98-3 (OPEN SPACE
MAINTENANCE DISTRICT NO. 35 [SUNBOW II]), MAKING AND
ESTABLISHING CERTAIN INTERPRETATIONS REGARDING THE
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
WITHIN SUCH COMMUNITY FACILITIES DISTRICT
WHEREAS, the City Council has previously undertaken proceedings to form and has
formed 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
"Community Facilities District Law"). for the purpose of financing the maintenance of certain
public improvements. Such Community Facilities District shall hereinafter be referred to as
COMMUNITY FACILITIES DISTRICT NO. 98-3 (OPEN SPACE MAINTENANCE DISTRICT NO.
35 [SUNBOW II]) (the "District"); and
- WHEREAS, the City Council and the qualified electors within the District have
authorized the levy of special taxes within the District to finance such maintenance; and
WHEREAS, such special taxes are authorized to be levied pursuant to the rate and
method of apportionment of such special taxes (the "Special Tax Formula"); and
WHEREAS, the City Council, in adopting the resolution forming and establishing the
District, did reserve to itself the authority to make interpretations of the Special Tax Formula
for purposes of clarifying any vagueness or ambiguity in the Special Tax Formula as it relates
to any category, zone, rate or definition therein; and
WHEREAS, in preparing the special tax levy for the first year of such levy, the City
staff, special counsel and the special tax administrator for the District have discovered that
certain provisions of the Special Tax Formula require such clarification and have recommended
and requested that the City Council make certain interpretations of the Special Tax Formula
to provide such clarification and thereby assist in the application of the Special Tax Formula
and the implementation of the levy of the special taxes within the District; and
WHEREAS, the recommended interpretations are set forth in Attachment A hereto
which is hereby incorporated herein by this reference, a copy of which is on file in the office
of the City Clerk.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
- SECTION 1. The above recitals are all true and correct.
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Resolution 19560
Page 2
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SECTION 2. The City Council hereby finds and determines that such interpretations are
consistent with the intent of the Special Tax Formula and, therefore, approves and makes the
interpretations of the Special Tax formula as set forth in Attachment A, a copy of which is
on file in the office of the City Clerk. Such interpretations shall apply to and govern the
application and levy of special taxes within the District pursuant to the Special Tax Formula.
Prepared By Approved as to form by
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Resolution 19560
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PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 3" day of August, 1999, by the following vote:
AYES: Councilmembers: Davis, Padilla and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: Salas
ABSTAIN: Councilmembers: Moot
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Shirley Horto , Mayor
ATTEST:
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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. 19560 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 3" day of August, 1999.
Executed this 3'. day of August, 1999.
~CLl~~~
Susan Bigelow, City Cler
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