HomeMy WebLinkAboutReso 2003-396RESOLUTION NO. 2003-396
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING AND DIRECTING THE
PREPARATION OF A REPORT FOR PROPOSED
COMMUNITY FACILITIES DISTRICT NO. 07-I (OTAY
RANCH VILLAGE ELEVEN)
WHEREAS, the City Council of the City of Chula Vista, California ("City Council"),
pursuant to the request of Brookfield Otay Shea, LLC (the "Developer") as the master developer
of the property within Village Eleven of Otay Ranch, previously initiated proceedings at a
regular meeting on January 7, 2003, 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") and adopted Resolutions 2003-006,
2003-007, 2003-008 and 2003-009 in furtherance thereof. This Community Facilities District
shall hereinafter be designated as Community Facilities District No. 07-I (Otay Ranch Village
Eleven) (the "District"); and
WHEREAS, pursuant to Resolution 2003-008, adopted at the above referenced meeting,
the City Council directed, the preparation of a report to provide more detailed information
relating to the proposed District, the proposed public facilities to be financed through the
District, and estimate of the cost of providing such facilities pursuant to the provisions of Section
53321.5 of the Government Code of the State of California, (the "Community Facilities District
Report").
WHEREAS, at the request of the Developer the City delayed the proceedings to create
the District and prepare the Community Facilities District Report until the Developer
substantially completed the construction of certain of such public facilities; and
WHEREAS, the Developer has now substantially completed the construction of certain
of such public facilities; and
WHEREAS, as a result of the Developer's substantial completion of the construction of
such public facilities, the City Council desires to reinitiate proceedings to create the District and
prepare the Community Facilities District Report.
NOW, THEREFORE IT IS HEREBY RESOLVED:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The Director of Public Works is hereby directed and ordered to prepare or cause
to be prepared the Community Facilities District Report to be presented to this City Council,
generally setting forth and containing the following:
FACILITIES: A full and complete description of the public facilities the
acquisition or construction of which are proposed to be financed through the District.
Resolution 2003-396
Page 2
COST ESTIMATE: A general cost estimate setting forth costs of acquiring or
constructing such facilities.
SPECIAL TAX: Further particulars and documentation regarding the rates and
methods of apportionment of the special taxes proposed to be levied within the District.
SECTION 3. The Community Facilities District Report, upon its preparation, shall be submitted
to this City Council for review, and such report shall be made a part of the record of the public
heating on the Resolution of Intention to establish such District.
SECTION 4. If any provisions of this resolution conflicts with Resolution 2003-007, adopted
by the City Council on January 7, 2003, the provisions of this resolution shall supersede any such
conflicting provisions.
Prepared by
Approved as to form by
Ann Moore
City Attorney
Resolution 2003-396
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 16th day of September, 2003, by the following vote:
A'I'I'EST:
Councilmembers:
Councilmembers:
Councilmembers:
AYES:
NAYS:
ABSENT:
Davis, McCann, Rindone, Salas and Padilla
None
None
Susan Bigelow, CMC, City Clefl~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Big~low, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2003-396 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 16th day of September, 2003.
Executed this 16th day of September, 2003.
Susan Bigelow, CMC, City CU/erk