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HomeMy WebLinkAboutReso 1998-19129 RESOLUTION NO. 19129 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING CERTAIN PRELIMINARY FINDINGS, PASSING UPON PROTESTS AND APPROVING THE COMMUNITY FACILITIES DISTRICT REPORT WHEREAS, the City Council of the City of Chula Vista (the "City Council"), has previously declared its intention and ordered the preparation of a community Facilities District 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. 98-3 (OPEN SPACE MAINTENANCE DISTRICT NO. 35 [SUNBOW II]) (the "District"); and WHEREAS, nqtice of.a pubIll; hearing relating to the establishment of the District, the extent of the District, the furnishing ~f certain services and all other related ma~ters has been given, and a Community Facilities District Report, as ordered by this City Council, and has been made a part of the record of the hearing on the Resolution of Intention to establish said District; and WHEREAS, all communications relating to the establishment of the District, the proposed services and the proposed rate and method of apportionment of special tax have been determined that a majority protest as defined by law has not been received against these proceedings; and WHEREAS, the Community Facilities District Report as now submitted further containing changes and modifications to the proceedings, as applicable, is hereby approved; and WHEREAS, inasmuch as there are less than twelve (12) registered voters residing within the territory of the District, and have been for at least the preceding ninety (90) days, this legislative body is desirous to submit the levy of the required special tax to the landowners of the District, said landowners being the qualified electors as authorized by law. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION I: The above recitals are all true and correct. SECTION Ih The written protests received, if any, do not represent a majority protest as defined by the applicable provisions of the Community Facilities District Law. SECTION Ill: The Community Facilities District Report, as now submitted, shall stand as the Community Facilities District Report for all future proceedings and all terms and contents are approved as set forth therein. Resolution 19129 Page 2 SECTION IV: It is hereby determined by this legislative body to proceed with the formation and establishment of the District, formally known and designated as "COMMUNITY FACILITIES DISTRICT NO. 98-3 (OPEN SPACE MAINTENANCE DISTRICT NO. 35 [SUNBOW II])."' SECTION V: It is hereby further determined by this legislative body that all proceedings prior hereto were valid and taken in conformity with the requirements of law, and specifically the provisions of the Community Facilities District Law, and this finding is made pursuant to the provisions and authorization of Section 53325.1 of the Government Code of the State of California. SECTION Vh It is hereby further determined by this legislative body that the proposed public services are necessary to meet increased demands placed upon the City as a result of development and/or rehabilitation occurring in the District. Presented by Approved as to form by Resolution 19129 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 4th day of August, 1998, by the following vote: AYES: Councilmembers: Moot, Padilia, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ATTEST: ~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. 19129 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 4th day of August, 1998. Executed this 4~h day of August, 1998.