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HomeMy WebLinkAboutReso 1998-19276 RESOLUTION NO. 19276 RESOLUTION FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 97-3 (MCMILLIN OTAY RANCH SPA ONE) AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), has previously declared its intention and ordered the preparation of a Special Tax Report relating to the initiation of 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 "Community Facilities District Law"). This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 97-3 (McMILLIN OTAY RANCH SPA ONE) (the "District"); and WHEREAS, notice of a public hearing relating to the establishment of the District, the extent of the District, the financing of certain public facilities and all other related matters has been given, and a Community Facilities District Report, as ordered by this City Council, has been presented to this City Council and has been made a part of the record of the hearing on the Resolution of Intention to establish such District; and WHEREAS, all communications relating to the establishment of the District, the proposed public facilities and the proposed rate and method of apportionment of special tax have been presented, and it has further been determined that a majority protest as defined by law has not been received against these proceedings; and WHEREAS, inasmuch as there have been less than twelve registered voters residing within the territory of the District for at least the preceding ninety days, the authorization to levy special taxes within the District shall be submitted to the landowners of the District, such landowners being the qualified electors as authorized by law. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. RECITALS The above recitals are all true and correct. SECTION 2. DETERMINATIONS It is hereby determined by this City Council that: A. All prior proceedings pertaining to the formation of the District were valid and taken in conformity with the requirements of the law, and specifically the provisions of the Community Facilities District Law, and that this finding and determination is made pursuant to the provisions of Government Code Section 53325.1. Resolution 19276 Page 2 B. The written protests received, if any, do not represent a majority protest as defined by the applicable provisions of the Community Facilities District Law and, therefore, the special tax proposed to be levied within the District has not been precluded by majority protest pursuant to Section 53324 of the Government Code of the State of California. C. The District as proposed conforms with the City of Chula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts, as amended. D. Less than twelve registered voters have resided within the territory of the District for each of the ninety days preceding the close of the public hearing, therefore, pursuant to the Community Facilities District Law the qualified electors of the District shall be the landowners of the District as such term is defined in Government Code Section 53317(f) and each landowner who is the owner of record as of the close of the public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within the District. E. The time limit specified by the Community Facilities District Law for conducting an election to submit the levy of the special taxes to the qualified electors of the District and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the District. F. The City Clerk, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of any resolution forming and establishing the District. SECTION 3. COMMUNITY FACILITIES DISTRICT REPORT The Community Facilities District Report for the District (the "Report"), as now submitted by David Taussig and Associates, Inc., Special Tax Consultant, shall stand as the report as required pursuant to Government Code Section 53321.5 for all future proceedings and all terms and contents are approved as set forth therein. SECTION 4. NAME OF DISTRICT The City Council does hereby establish and declare the formation of the District known and designated as "COMMUNITY FACILITIES DISTRICT NO. 97-3 (McMILLIN OTAY RANCH SPA ONE)." SECTION 5. BOUNDARIES OF DISTRICT The boundaries and parcels of land in which the public facilities are to be provided and on which special taxes will be levied in order to pay the costs and expenses for such public facilities are generally described as follows: Resolution 19276 Page 3 All property within the boundaries of COMMUNITY FACILITIES DISTRICT NO. 97-3 (McMILLIN OTAY RANCH SPA ONE), as shown on a boundary map as previously approved by this legislative body, such map designated by the name of this District, a copy of which is on file in the Office of the City Clerk, known as Document Number CQ98-236. The boundary map of the proposed District has been filed pursuant to Sections 3111 and 3113 of the Streets and Highways Code of the State of California in the Office of the County Recorder of the County of San Diego on October 27, 1998, as Instrument No. 1998- 695616 at Page 68 of Book 32 of the Book of Maps of Assessment and Community Facilities Districts for such County. SECTION 6. DESCRIPTION OF FACILITIES A general description of the public facilities which this legislative body is authorized by law to construct, own or operation, which are the facilities to be financed under these proceedings, are generally described as follows: Street improvements including but not limited to site concrete and street surfacing and appurtenant facilities including but not limited to storm drain, sewer and landscaping improvements; a pedestrian bridge; sewer improvements; and appurtenances and appurtenant work. The facilities as above-described are facilities which the City Council is authorized by law to contribute revenue to or to construct, own or operate. It is hereby further determined that the proposed facilities are necessary to meet increased demands and needs placed upon the City and the costs and expenses charged to this District represent the fair share costs of the facilities attributable to this District. For a full and complete description of such facilities, reference is made to the Report, a copy of which is on file in the Office of the City Clerk. In addition to financing the above described facilities, the financing of those incidental expenses described in the Report are also approved and authorized. SECTION 7. SPECIAL TAX Except where funds are otherwise available a special tax, secured by recordation of a continuing lien against all non-exempt real property in the proposed District, is hereby authorized, subject to voter approval, to be levied within the boundaries of such District. For particulars as to the rate and method of apportionment of the proposed special tax, reference is made to within Exhibit "A" (the "Special Tax Formula"), a copy of which is on file in the office of the City Clerk, known as Document Number CO98-236, which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the proposed District to estimate the maximum amount that such person will have to pay. Such special tax shall be utilized to pay directly for the previously described facilities, to pay debt service on authorized bonds to assist in financing such facilities, to replenish any reserve fund established for such bonds, and to pay the costs of administering the bonds and the District. m¸ T Resolution 19276 Page 4 The specia~ 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; 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. Under no circurnstances will the special tax to be 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 District by more than 10 percent, 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. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the District and this lien shall continue in force and effect until the special tax obligation is pre~oaid and permanently satisfied and the ~ien canceled in accordance with law or until collection of the tax by the legislative body ceases. SECTION 8. PREPARATION OF ANNUAL TAX ROLL The name, address and telephone number of the office, department or bureau which will be responsible for preparing annuaUy a current roll of special tax levy obligations by Assessor's parcel number and which shall be responsible for estimating future special tax levies pursuant to Section 53340.1 of the Government Code of the State of California, are as follows: Engineering Department City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 (619) 691-5021 SECTION 10. SUBSTITUTION FACILITIES The description of the public facilities, as set forth above, is general in its nature. The final nature and location of such facilities will be determined upon the preparation of final plans and specifications therefor. Such final plans may show substitutes in lieu of, or modification to, the above described facilities and any such substitution shall not be a change or modification in the proceedings as long as the facilities provide a service substantially similar to that as set forth in this Resolution. SECTION 11. APPEALS AND INTERPRETATION PROCEDURE Any landowner or resident who feels that the amount or formula of the special tax is in error may file a notice with the Agency appealing the levy of the special tax. An appeals panel of 3 members, as appointed by the Agency, will then meet and promptly review the appeal, and if necessary, meet with the applicant. If the findings of the appeals panel verify that the special tax should be modified or changed, a recommendation at that time will be made to the Resolution 19276 Page 5 City Council and, as appropriate, the special tax levy shall be corrected, and if applicable in any case, a refund shall be granted. Interpretations may be made by the City Council by Resolution for purposes of clarifying any vagueness or ambiguity as it relates to any category, zone, rate or definition contained in the Special Tax Formula. SECTION 12. ELECTION This City Council herewith submits the levy of the special tax to the qualified electors of the District, such electors being the landowners in the District, with each landowner having one voter for each acre or portion thereof of land which he or she owns within the District. This legislative body hereby further directs that the ballot proposition relating to the levy of the special tax be combined and consolidated with the proposition relating to the incurring of a bonded indebtedness. This Resolution shall not constitute the notice of the election, and the Resolution declaring the necessity to incur the bonded indebtedness shall constitute the notice of the election relating to the combined proposition on the authorization to incur a bonded indebtedness and authorization for the special tax levy and the proposition to establish an appropriations limit for the District. SECTION 13, RESERVATION OF RIGHTS TQ AUTHORIZE TENDER OF BONDS The City Council reserves to itself, in its capacity as the legislative body of the District, the right and authority to allow any interested owner of property within the District, subject to the provisions of Government Code Section 53344.1 and to such conditions as this City Council may impose, and any applicable prepayment penalties as may be described in the bond indenture or comparable instrument or document, to tender to the Treasurer of the City of Chula Vista, acting for and on behalf of the District, in full payment or part payment of any installment of the special taxes or the interest or penalties thereon which may be due or delinquent, but for which a bill has been received, any bond or other obligation secured thereby, the bond or other obligation to be taken at par and credit to be given for the accrued interest shown thereby computed to the date of tender. SECTION 14. ADVANCES OF FUNDS OR WORK-IN-KIND At any time either before or after the formation of the District, the City Council may accept advances of funds or work-in-kind from any source, including, but not limited to, private persons or private entities and may provide, by resolution, for the use of those funds or that work-in-kind for any authorized purpose, including, but not limited to, paying any cost incurred by the City in creating the District. The City may enter into an agreement, by resolution, with the person or entity advancing the funds or work-in-kind, to repay all or a portion of the funds so advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City Council. The City has entered into a Community Facilities District Reimbursement Agreement with McMillin - D.A. America Otay Ranch LLC to provide for such advances for the payment of all initial consulting and administration costs and expenses related to the proceedings to consider the formation of the District and to subsequently authorize, issue and sell bonds for the District. Such advances are subject to reimbursement pursuant to the terms of such agreement. No such agreement shall constitute a debt or liability of the City. · T Resolution 19276 Page 6 PREPARED BY APPROVED AS TO FORM BY Resolution 19276 Page 7 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 24th day of November, 1998, by the following vote: AYES: Councilmembers: Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: Padilia ABSTAIN: Councilmembers: Moot Shirley Hort~n, Mayor ATTEST: Beverly ~. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 19276 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 24th day of November, 1998. Executed this 24th day of November, 1998. ~uthelet, City Clerk McMillin I Otay Ranch EXHIBIT ":1" CFD No. 97-3 PLANNING AREA MAP P-6.2 P-6.3 p-~ n-4e// f