HomeMy WebLinkAboutReso 2002-362 RESOLUTION NO. 2002-362
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING NECESSITY TO INCUR
BONDED INDEBTEDNESS FOR EACH IMPROVEMENT
AREA OF COMMUNITY FACILITIES DISTRICT NO. 06-I
(EASTLAKE III - WOODS, VISTAS AND LAND SWAP),
SUBMITTING TO THE QUALIFIED ELECTORS OF EACH
SUCH IMPROVEMENT AREA SEPARATE PROPOSITIONS
TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN
EACH SUCH IMPROVEMENT AREA, TO AUTHORIZE SUCH
COMMUNITY FACILITIES DISTRICT TO INCUR A BONDED
INDEBTEDNESS FOR EACH SUCH IMPROVEMENT AREA
SECURED BY THE LEVY OF A SPECIAL TAX WITI-HN
SUCH IMPROVEMENT AREA TO FINANCE CERTAIN
TYPES OF PUBLIC FACILITIES AND TO ESTABLISH AN
APPROPRIATIONS LIMIT FOR SUCH COMMUNITY
FACILITIES DISTRICT, AND GIVING NOTICE THEREON
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA (the "City
Council"), has previously declared its intention and held and conducted a public hearing relating
to the issuance of bonds to be secured by special taxes to finance certain public facilities in a
community facilities district and improvement areas designated therein, as authorized 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. 06-I
(EASTLAKE III - WOODS, VISTAS AND LAND SWAP) (the "District") and the
improvement areas shall be designated as IMPROVEMENT AREA A and IMPROVEMENT
AREA B (each, an "Improvement Area" and, collectively, the "Improvement Areas"); and
WHEREAS, at this time the City Council desires to proceed to make the determination of
necessity to incur a separate bonded indebtedness for each of the Improvement Areas, to declare
the purposes for such debt, and to authorize the submittal of a separate proposition to the
qualified electors of each such Improvement Area, being the landowners of each such
Improvement Area, all as authorized and required by law; and
WHEREAS, the City Council further desires to authorize the submittal of propositions to
such qualified electors of each Improvement Area to (a) authorize the levy of special taxes
within each such Improvement Area and (b) to establish an appropriation limit for the District;
and
WHEREAS, all of the qualified electors of each Improvement Area have waived the time
limits specified in the Act pertaining to the conduct of the election and the requirements for
impartial legal analysis and arguments have also been waived by the unanimous consent of the
qualified electors of each Improvement Area; and
Resolution 2002-362
Page 2
WHEREAS, the City Clerk, as the Election Official, has concurred in the shortening of
time for conducting the election.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. RECITALS.
The above recitals are all tree and correct.
SECTION 2. NECESSITY FOR BOND ISSUES.
The City Council hereby expressly declares and states that it is necessary to incur a separate
bonded indebtedness of the District for each Improvement Area thereof as authorized under the
terms and provisions of the Community Facilities District Law, in order to finance the types of
public facilities described in Exhibit A attached hereto and incorporated herein by this reference.
SECTION 3. BOND INDEBTEDNESS FOR IMPROVEMENT AREA A.
The specific purposes for the proposed bonded indebtedness for Improvement Area A are as
follows:
To finance a portion of the costs of the acquisition or construction of certain public facilities
consisting of the types of facilities described in Exhibit A hereto (the "Facilities") which is
incorporated herein by this reference, appurtenances and appurtenant work and any and all of
those applicable incidental costs described in and authorized by Government Code Section
53345.3. For a further description of the Facilities, reference is made to the Report.
SECTION 4. BOND INDEBTEDNESS FOR IMPROVEMENT AREA A.
The specific purposes for the proposed bonded indebtedness for Improvement Area A are as
follows:
To finance a portion of the costs of the acquisition or construction of the Facilities,
appurtenances and appurtenant work and any and all of those applicable incidental costs
described in and authorized by Government Code Section 53345.3. For a further description of
such facilities, reference is made to the Report.
SECTION 5. TERRITORY TO PAY FOR BONDED INDEBTEDNESS.
This City Council determines that the property within Improvement Area A will pay for the
bonded indebtedness referred to in Section 3 above. A general description of Improvement Area
A is as follows:
All property within the boundaries of Improvement Area A of Community Facilities District No.
06-I (EastLake - Woods, Vistas and Land Swap), as shown on a map as previously approved by
the City Council, such map designated by the name of this District, a copy of which is on file in
the Office of the City Clerk (the "Boundary Map").
This City Council determines that the property within Improvement Area B will pay for the
bonded indebtedness referred to in Section 4 above. A general description of Improvement Area
B is as follows:
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Page 3
- All property within the boundaries of Improvement Area B of Community Facilities District No.
06-I (EastLake - Woods, Vistas and Land Swap), as shown on the Boundary Map.
SECTION 6. BOND AMOUNT.
The amount of the proposed bonded indebtedness, including the cost of the Facilities, together
with all incidental expenses, shall not exceed the following:
A. Improvement Area A - $39,000,000
B. Improvement Area B - $11,000,000
SECTION 7. BOND TERM
This City Council hereby further determines that the maximum term of bonds and/or any series
shall not exceed forty (40) years, and such bonds may be issued in differing series, at differing
times. The maximum rate of interest to be paid on such bonds may not exceed the greater of
either twelve percent (12%) per annum or the maximum rate permitted by law at the time of sale
of any of such bonds. The bonds issued for each Improvement Area, except where other funds
are made available, shall be paid exclusively from the annual levy of the special tax within such
Improvement Area, and are not secured by any other taxing power or funds of the District or the
City.
SECTION 8. ACCOUNTABILITY MEASURES.
- Pursuant to and in compliance with the provisions of Article 1.5 (commencing with Section
53410) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code, this City Council
hereby establishes the following accountability measures pertaining to any bonded indebtedness
incurred by or on behalf of the District:
A. Such bonded indebtedness shall be incurred for the applicable specific purposes
set forth in the Section 3 or 4 above, as applicable.
B. The proceeds of any such bonded indebtedness shall be applied only to the
applicable specific purposes identified in Section 3 or 4 above, as applicable.
C. The document or documents establishing the terms and conditions for the
issuance of any such bonded indebtedness shall provide for the creation of an account into which
the proceeds of such indebtedness shall be deposited.
D. The City Manager or his or her designee, acting for and on behalf of the District,
shall annually file a report with this City Council as required by Government Code Section
53411.
SECTION 9. ELECTION.
The propositions related to the incurring of the bonded indebtedness shall be submitted to the
appropriate qualified voters, together with ballot propositions to authorize the levy of special
taxes within the Improvement Areas and to establish an appropriations limit for the District, at a
special election to be held on September 17, 2002, and such election shall be a special election to
be conducted by the City Clerk (the "Election Official"). If any proposition for the levy of the
special tax and any proposition for incurring the bonded indebtedness receives the approval of
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two-thirds (2/3) or more of the votes cast on each respective proposition, bonds may be
authorized, issued and sold for the applicable purposes set forth herein and the applicable special
tax may be levied as provided in Resolution of Formation. If the proposition to establish the
appropriations limit for the District receives the approval of a majority of the votes cast on such
proposition, such appropriations limit shall be established.
SECTION 10. BALLOTS.
The ballot proposals to be submitted to the qualified voters of each Improvement Area at the
election shall generally be as follows:
IMPROVEMENT AREA A
PROPOSITION A
Shall the City of Chula Vista Community Facilities District No. 06-I (EastLake III - Woods,
Vistas and Land Swap), subject to accountability measures set forth in Resolution No. 2002-362,
levy a special tax throughout Improvement Area A of such district pursuant to the rate and
method of apportionment thereof set forth in such resolution for the purposes of paying debt
service on bonds of such district issued for Improvement Area A, replenishing the reserve fund
for such bonds, paying costs of administering such indebtedness and such district and paying
directly for the types of facilities described in such resolution?
PROPOSITION B
Shall the City of Chula Vista Community Facilities District No. 06-I (EastLake III - Woods,
Vistas and Land Swap), subject to accountability measures set forth in Resolution No. 2002-362,
incur a bonded indebtedness for Improvement Area A of such district in an amount not to exceed
$39,000,000 for the specific purposes set forth in such resolution?
IMPROVEMENT AREA B
PROPOSITION C
Shall the City of Chula Vista Community Facilities District No. 06-I (EastLake III - Woods,
Vistas and Land Swap), subject to accountability measures set forth in Resolution No. 2002-362,
levy a special tax throughout Improvement Area B of such district pursuant to the rate and
method of apportionment thereof set forth in such resolution for the purposes of paying debt
service on bonds of such district issued for Improvement Area B, replenishing the reserve fund
for such bonds, paying costs of administering such indebtedness and such district and paying
directly for facilities described in such resolution.9
PROPOSITION D
Shall the City of Chula Vista Community Facilities District No. 06-I (EastLake - Woods, Vistas
and Land Swap), subject to accountability measures set forth in Resolution No. 2002-362, incur
a bonded indebtedness for Improvement Area B of such district in an amount not to exceed
$11,000,000 for the specific purposes set forth in such resolution?
IMPROVEMENT AREAS A AND B
PROPOSITION E
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Shall the City of Chula Vista Community Facilities District No. 06-I (EastLake III - Woods,
Vistas and Land Swap) establish an Article XB appropriations limit equal to $50,000,000?
SECTION 11. VOTE
The appropriate mark placed in the voting square after the word "YES" shall be counted in favor
of the adoption of the proposition, and the appropriate mark placed in the voting square after the
word "NO" in the manner as authorized, shall be counted against the adoption of such
proposition.
SECTION 12. ELECTION PROCEDURE
The Election Official is hereby authorized to take any and all steps necessary for the holding of
such election. The Election Official shall perform and render all services and proceedings
incidental to and connected with the conduct of the election, which services shall include, but not
be limited to, the following activities as are appropriate to the election:
A. Prepare and furnish to the election officers necessary election supplies for the
conduct of the election.
B. Cause to be printed the requisite number of official ballots, tally sheets and other
necessary forms.
C. Furnish and address official ballots for the qualified electors of each Improvement
Area.
D. Cause the official ballots to be delivered to the qualified electors or their
authorized representatives, as required by law.
E. Receive the returns of the election and supplies.
F. Sort and assemble the election material and supplies in preparation for the
canvassing of the returns.
G. Canvass the returns of the election.
H. Furnish a tabulation of the number of votes given in the election.
I. Make all arrangements and take the necessary steps to pay all costs of the election
incurred as result of services performed by the District and pay costs and expenses of all election
officials.
J. Conduct and handle all other matters relating to the proceedings and conduct of
the election in the manner and form as required by law.
Resolution 2002-362
Page 6
Prepared by Approved as to form by
.Kaheny '
Public Works Director City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 10th day of September, 2002, by the following vote:
AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Shirley Horton,~or '
ATTEST:
Susan Bigelow, 1City 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. 2002-362 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 10th day of September, 2002.
Executed this 10th day of September, 2002.
EXHIBIT A
DESCRIPTION OF TYPES OF FACILITIES
The types of public facilities authorized to be financed from the proceeds of
bonds issued by the District for each Improvement Area shall include streets, landscaping within
public rights-of-way, sewers and public utilities within each Improvement Area as may be
authorized by the goals and policies of the City Council pertaining to the use of the Community
Facilities District Law.
A-1