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HomeMy WebLinkAboutReso 1998-19026 RESOLUTION NO. 19026 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, APPROVING THE INITIATION OF PROCEEDINGS TO CONSIDER THE FORMATION OF A COMMUNITY FACILITIES DISTRICT FOR OTAY RANCH MCMILLIN SPA ONE WHEREAS, the City of Chula Vista, California, has been presented with and has received an application from McMillin- D.A. America Otay Ranch, LLC (the "Applicant"), requesting that this City Council initiate proceedings pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Government Code Section 53311 and following) (the "Act") to form a community facilities district preliminarily designated as Community Facilities District No, 97-3 (Otay Ranch McMillin SPA One (the "District") for the purpose of financing all or a portion of the cost of the acquisition or construction of certain public facilities; and WHEREAS, such application was, as required by the City of Chula Vista Statement of Goals and Policies Regrading the Establishment of Community Facilities District (the "Goals and Policies") previously adopted by this City Council, reviewed by the community facilities district application review committee (the "Review Committee") designated in such Goals and Policies; and WHEREAS, based upon such review and pursuant to the Goals and Policies, the City Manager has recommended that this City Council accept the report of the Review Committe~, and authorize the initiation of proceedings to consider the formation of the District subject to subsequent compliance of the proposed District with the Goals and Policies, including without limitation, the financial feasibility of the proposed District and the development of the property within the District. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby resolve as follows: Section 1: The above recitals are all true and correct. Section 2: This City Council hereby accepts the Review Committee report. Section 3: This City Council hereby authorizes the initiation of proceedings to consider the formation of the District as requested by the Applicant subject to all requirements of the Act and the Goals and Policies. The decision of this City Council to form the District is an exercise of the legislative authority of this City Council. The adoption of this Resolution does not, therefore, obligate this City Council to exercise its legislative discretion in a particular manner. This Resolution doe snot in any way create a contractual, legal or equitable obligation of or commitment by this City Council to approve the formation of the District. This City Council expressly reserves the right to abandon the proceedings to consider the formation of the District for any reason at any time prior to the completion thereof. Section 4: This Resolution shall become effective upon its adoption. Presented by Approved as to form by itynAtMtorKnae~LY~~ Resolution 19026 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 9th day of June, 1998, by the following vote: AYES; Councilmembers: Padilia, Rindone, Salas and Horton NAYES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: Moot Shirl~,Mayod~r~ ATTEST: ~Aut~elet, 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. 19026 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 9th day of June, 1998. Executed this 9th day of June, 1998. ~Authelet, City Clerk