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HomeMy WebLinkAboutReso 2003-184 RESOLUTION NO. 2003-184 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA OF INTENTION TO CONSIDER CHANGES AND MODIFICATIONS TO THE RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 08-I (OTAY RANCH VILLAGE SLX) 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. 08- I (Otay Ranch Village Six) (the "District") and to authorize the levy of special taxes within the District and the issuance by the District of bonds pumuant 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 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") to finance the acquisition or construction of certain authorized facilities; and WHEREAS, the qualified electors of the District, voting in a special election held on January 16, 2003, approved the authorization to levy special taxes within the District pursuant to a rate and method of apportionment of such special taxes (the "Existing Rate and Method"); and WHEREAS, subsequent to the formation of the District and such election, the Otay Ranch Company ("Otay Ranch"), the master developer of the property within the District, has requested, and the City staff and City financing team for the District have concurred with such request, that the City Council, acting in its capacity as the legislative body of the District, initiate proceedings to consider modifying the Existing Rate and Method; and WHEREAS, this City Council desires to initiate such proceedings and to set the time and place for a public hearing on this resolution. 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. 08-I (Otay Ranch Village Six), does hereby resolve, declare, find, determine and order as follows: SECTION 1. RECITALS. The above recitals are all true and correct. SECTION 2. DESCRIPTION OF THE AREA TO BE AFFECTED. The area to be affected by the proposed modification, if approved, is all of the District which is generally described as follows: All property within the boundaries of Community Facilities District No. 08-1 (Otay Ranch Village Six), as shown on a map as previously approved by the City Council of the City, such map designated by the name of such District, a copy of which is on file in the office of the City Clerk of the City. SECTION 3. DECLARATION OF INTENTION TO CONSIDER THE MODIFICATION OF THE EXISTING RATE AND METHOD. This City Council hereby declares its intention to consider modifying the Existing Rate and Method so that the rate and Resolution 2003-184 Page 2 method of apportionment of special taxes authorized to be levied within the District reads as set forth in Exhibit A attached hereto and incorporated herein by this reference. SECTION 4. PUBLIC HEARING. NOTICE IS HEREBY GIVEN that on June 17, 2003, at the hour of 6 p.m., in the regular meeting place of the City Council, being the Council Chambers located at 276 Fourth Street, Chula Vista, California, the City Council will hold a public hearing to consider this resolution and to consider the approval of the modification of the Existing Rate and Method. At such time and place all interested persons or taxpayers for or against the approval of the modification of the Existing Rate and Method will be heard. At the above-mentioned time and place for public hearing any persons interested, including taxpayers and property owners may appear and be heard. The testimony of all interested persons for or against the modification of the Existing Rate and Method will be heard and considered. Any protests may be made orally or in writing. However, any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and deafly set forth the irregularities and defects to which the objection is made. All written protests shall be filed with the City Clerk of the City on or before the time fixed for the public hearing. Written protests may be withdrawn in writing at any time before the conclusion of the public hearing. If a written majority protest is filed against the modification of the Existing Rate and Method, the proceedings shall be abandoned. SECTION 5. ELECTION. If, following the public hearing described in the Section above, the City Council determines to approve the modification of the Existing Rate and Method, the City Council shall then submit the modification to the qualified electors of the District. If at least twelve (12) persons, who need not necessarily be the same twelve (12) persons, have been registered to vote within the District for each of the ninety (90) days preceding the dose of the public hearing, the vote shall be by registered voters of the District, with each voter having one (1) vote. Othenvise, the vote shall be by the landowners of the District who were the owners of record at the close of the subject hearing, with each landowners or the authorized representative thereof, having one (1) vote for each acre or portion of an acre of land owned within the District. SECTION 6. NOTICE OF PUBLIC HEARING. The City Clerk is hereby authorized and directed to give notice of such public hearing by publication pursuant to Government Code Section 6061 in a legally designated newspaper of general circulation with such publication to be completed at least seven (7) days prior to the date set for such public hearing. SECTION 7. EFFECTIVE DATE. This resolution shall become effective immediately upon its adoption. Prepared by Approved as to form by cCliff~ Swanson Ann Moore Eng~d:ering Director City Attomey Resolution 2003-184 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of May, 2003, by the following vote: AYES: Councilmembers: Rindone, Salas, McCann and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: Davis ATTEST: Susan Bigelow, City Cler~ 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. 2003-184 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 13th day of May, 2003. Executed this 13th day of May, 2003. Susan Bigelow, City Clerl~