HomeMy WebLinkAboutReso 2024-138RESOLUTION NO. 2024-138
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA LEVYING SPECIAL TAXES TO BE
COLLECTED TO PAY THE COSTS OF FACILITIES AND
SERVICES FOR COMMUNITY FACILITIES DISTRICTS 97-2
AND 13-M WITHIN THE CITY OF CHULA VISTA AND
DESIGNATING THE DIRECTOR OF FINANCE TO FILE A
LIST OF TAXES TO BE LEVIED ON EACH PARCEL WITH
THE COUNTY AUDITOR EACH YEAR
WHEREAS, Community Facilities Districts (CFDs) 97-2 and 13-M were previously
established within the City of Chula Vista (“City”) in accordance with the “The Mello-Roos
Community Facilities Act of 1982” (“The Act”): 97-2 and 13-M; and
WHEREAS, it is necessary that the City Council (the “City Council”) of the City of
Chula Vista (the “City”) levy special taxes pursuant to Section 53340 of the California
Government Code (“Section 53340”) for the community facilities districts within the City
listed on Exhibit A attached hereto (each a “Community Facilities District” and collectively,
the “Community Facilities Districts”); and
WHEREAS, pursuant to Section 53340(b), the City Council may by resolution
provide for the levy of special taxes in the current and future tax years on parcels of taxable
property within each of the Community Facilities Districts at the same rate or at a lower rate
provided by the applicable ordinance levying special taxes within each Community Facilities
District if such resolution is adopted and a certified list of all parcels subject to the special
taxes being levied is filed with the San Diego County Auditor and Controller (the “County
Auditor”) on or before the 10th day of August of each tax year, or later with prior consent
of the County Auditor; and
WHEREAS, Section 53340 permits the City Council to authorize a City official to
file the certified list with the County Auditor, and the City Council desires to authorize the
City’s Director of Finance to do so for the 2024-25 tax year, and all subsequent tax years;
and
WHEREAS, the rates of the special taxes that will be levied on taxable parcels within
each Community Facilities District will not exceed the rates of the special taxes that are
authorized to be levied within each District by the applicable ordinance for each respective
Community Facilities District.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, acting as the legislative body of Community Facilities Districts 97-2 and 13-M, that:
SECTION 1. The above recitals are all true and correct.
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SECTION 2. Special taxes shall be and are hereby authorized to be levied for the
2024-25 tax year and in all future tax years on all taxable parcels of real property within each
of the Community Facilities Districts listed in Exhibit A and shall not exceed the rates of the
special taxes that are authorized to be levied within each Community Facilities District, as
provided by the ordinance levying special taxes within such Community Facilities District.
Pursuant to Section 53340 such special taxes shall be collected in the same manner as
ordinary ad valorem property taxes are collected and shall be subject to the same penalties
and the same procedure, sale and lien priority in case of delinquency as is provided for ad
valorem taxes.
SECTION 3. The Director of Finance of the City is designated to file a certified list
of all parcels within each Community Facilities District subject to the special taxes,
including the amount of the special tax to be levied on each parcel for the applicable tax
year, with the County Auditor on or before the 10th day of August of each tax year, or later
with the prior consent of the County Auditor, together with a request that the special taxes
be collected on the tax bills for such parcels along with the ordinary ad valorem property
taxes to be levied on and collected from the owners of such parcels.
SECTION 4. City staff and City’s special tax consultants are hereby authorized and
directed to take all such necessary and further actions to carry out the directives and
requirements of this Resolution.
SECTION 5. This Resolution shall become effective upon its adoption.
[SIGNATURES ON THE FOLLOWING PAGE]
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Presented by Approved as to form by
Sarah Schoen Marco A. Verdugo
Director of Finance/Treasurer City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 16th day of July 2024 by the following vote:
AYES: Councilmembers: Chavez, Preciado, and McCann
NAYS: Councilmembers: None
ABSENT: Councilmembers: Morineau
ABSTAIN: Councilmembers: Gonzalez
John McCann, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2024-138 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 July 2024.
Executed this 16th day of July 2024.
Kerry K. Bigelow, MMC, City Clerk
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For
Resolution No. 2024-138
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EXHIBIT A
LIST OF COMMUNITY FACILITIES
DISTRICTS
Community Facilities District
No.
District/Area Name
97-2 Otay Ranch Preserve
13-M Otay Ranch Village 2
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