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HomeMy WebLinkAboutReso 2003-016 RESOLUTION NO. 2003-016 RESOLUTION OF TIIE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2001-2 (MCMILLIN OTAY RANCH -VILLAGE SIX), MAKING CERTAIN DETERMINATIONS AND AUTHORIZING THE SUBMITI~AL OF THE PROPOSED MODIFICATIONS TO THE FACILITIES AUTHORIZED TO BE FINANCED BY SUCH COMMUNITY FACILITIES DISTRICT TO THE QUALIFIED ELECTORS WHEREAS, the City Council of the City of Chula Vista, California, (the "City Council") previously has previously undertaken proceedings to form Community Facilities District No 2001-2 (McMillin - Otay Ranch - Portions of Village Six) (the "District") and to authorize the levy of special taxes and the issuance by the District of bonds pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, as amended (Government Code Section 53311 and following) (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 33 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") to finance the acquisition or construction of certain authorized facilities; and WHEREAS, subsequent to the formation of the District, the master developer of the property within the District requested that that the City Council, acting in its capacity as the legislative body of the District, initiate proceedings to consider modifying the facilities authorized to be financed by the District to add those types of public facilities eligible to be financed from the proceeds of the City of Chula Vista Public Facilities Development Impact Fee (the "PFDIF Facilities"); and WHEREAS, the City Council has adopted its Resolution No. 2002-473 declaring its intention to consider modifying the facilities authorized to be financed by the District to add the PFDIF Facilities to the types of facilities currently authorized to be financed by the District; and WHEREAS, notice of a public hearing to consider the modification of the types of facilities authorized to be financed by the District has been given in the form and manner required by the Act; and WHEREAS, it has now been determined that written protests have not been received by 50% or more of the registered voters residing within the District and/or property owners representing more than one-half (1/2) or more of the area of land within the District to the proposed modification of the types of facilities authorized to be financed by the District; and WHEREAS, inasmuch as there have been less than twelve (12) persons registered to vote within the District for each of the 90 preceding days, this legislative body desires to submit the question of modifying the types of facilities authorized to be financed by the District to include the PFDIF Facilities, such landowners being the qualified electors as authorized by law. NOW, THEREFORE, the City Council of the City of Chula Vista, California, acting in its capacity as the legislative body of community facilities district No. 2001-2 (Mcmillin - Otay Resolution 2003-016 Page 2 Ranch - Portions of Village Six), does hereby resolve, declare, find, determine and order as follows: SECTION 1. RECITALS. The above recitals are all tree and correct. SECTION 2. DETERMINATIONS. It is determined by this City Council that: A. all proceedings prior hereto were valid and taken in conformity with the requirements of law, and specifically the provisions of the Act; B. the proposed modification to the types of facilities authorized to be financed by the District conforms with the City of Chula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts; C. less than twelve (12) registered voters have resided within the District for each of the ninety (90) days preceding the close of the public hearing and, consequently, the qualified electors shall be the landowners of the District 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; D. the qualified electors have consented to the shortening of time for conducting the special election to present the question to approve the modification of the types of facilities authorized to be financed by the District, therefore, such special election may be conducted less than 90 following the date of the public hearing to consider such modification. SECTION 3. PROPOSED MODIFICATION OF TYPES OF FACILITIES AUTHORIZED TO BE FINANCED BY THE DISTRICT. This City Council hereby approves, subject to the approval by the qualified electors of the District, the modification of the types of facilities authorized to be financed by the District to add the PFDIF Facilities to the types of facilities currently authorized to be financed by the District. SECTION 4. ELECTION. The proposition related to the proposed modification of the types of facilities authorized to be financed by the District shall be submitted to the qualified electors of the District, such electors being the landowners, with each landowner having one (1) vote for each acre or portion thereof of land which he or she owns within the District. The special election shall be held on January 21, 2002 or such other date as the City Clerk, acting as the election official for such special election (the "Election Official"), and all of the qualified electors within the District may agree and consent. If the proposition to approve the modification of the types of facilities authorized to be financed by the District receives the approval of more than two-thirds (2/3) of the votes cast on the proposition, the types of facilities authorized to be financed by the District shall be modified to include the PFDIF Facilities in addition to those facilities currently authorized to be financed by the District. SECTION 5. BALLOT The ballot proposal to be submitted to the qualified voters at the election shall generally be as follows: PROPOSITION A CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 2001-2 (MCMILLIN - OTAY RANCH - PORTIONS OF VILLAGE SIX) Resolution 2003-016 Page 3 - Shall City of Chuia Vista Community Facilities District No. 2001-2 0VIcMillin - Otay Ranch - Portions of Village Six) be authorized to finance the acquisition or construction of PFDIF Facilities as that term is defined in Resolution No. 2003-016 in addition to those types of facilities that are currently authorized to be financed by such community facilities district? SECTION 6. VOTE. The appropriate mark placed on the line before the word "YES" shall be counted in favor of the adoption of the proposition, and the appropriate mark placed on the line before the word "NO" in the manner as authorized, shall be counted against the adoption of such proposition. SECTION 7. ELECTION PROCEDURE. The Election Official is hereby authorized to take any and all steps necessary for the holding of such election. Said Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of such election, and such services shall include, but not be limited to the following: 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 the Annexation Area. D. Cause the official ballots to be mailed and/or delivered, as required by law. E. Receive the returns of the election. 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 a result of services performed for 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 2003-016 Page 4 Prepared by Approved as to form by son J~ M. Kaheny ~__~ nglneermg lrector ~[ty Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of January, 2003, by the following vote: AYES: Councilmembers: Davis, Rindone, Salas, McCann and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None ATrEST: 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. 2003-016 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 14th day of January, 2003. Executed this 14th day of January, 2003. Susan Bigelow, City Clerl~