HomeMy WebLinkAboutOrd 2004-2973
ORDINANCE NO. 2973
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE LEVY OF A SPECIAL
TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. II M
WHEREAS, the City Council of the City of Chula Vista, California (the "City Council"),
has initiated proceedings, held a public hearing, conducted an election and received a favorable
vote from the qualified electors authorizing the levy of a special taxes within a Community
Facilities District, all as authorized pursuant to the terms and provisions of the "Mello-Roos
Community Facilities Act of 1982", being Chapter 2.5, Part I Division 2, Title 5 of the
Government Code of the State of California (the "Act") and the City ofChula 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 is designated as Community
Facilities District No. 11 M (Rolling Hills Ranch) (the "District").
The City Council of the City of Chula Vista, California, acting as the legislative body of
Community Facilities District No. 11 M (Rolling Hills Ranch), does hereby ordain as follows:
SECTION 1. This City Council does, by the passage of this ordinance, authorize the levy of
special taxes within the District pursuant to the Rate and Method of Apportionment of Special
Taxes as set forth in Exhibit "A" attached hereto (the "Special Tax Formula"), referenced and so
incorporated.
SECTION 2. This City Council, acting as the legislative body of the District, is hereby further
authorized, by resolution, to annually determine the special taxes to be levied within the District
for the then current tax year or future tax years, except that the special tax to be levied within the
District shall not exceed the maximum special tax calculated pursuant to the Special Tax
Formula, but the special tax may be levied at a lower rate.
SECTION 3. The special taxes herein authorized, to the extent possible, shall be collected in
the same manner as ad valorem property taxes and shall be subject to the same penalties,
procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes;
provided, however, the District may utilize a direct billing procedure for any special taxes that
cannot be collected on the County tax roll or may, by resolution, elect to collect the special taxes
at a different time or in a different manner if necessary to meet its financial obligations.
SECTION 4. The special taxes shall be secured by the lien imposed pursuant to Sections 3114.5
and 3115.5 of the Streets and Highways Code of the State ofCalifomia, which lien shall be a
continuing lien and shall secure each levy of the special tax. The lien of the special tax shall
continue in force and effect until the special tax obligation is prepaid, permanently satisfied and
canceled in accordance with Section 53344 of the Government Code of the State of California or
until the special tax ceases to be levied by the City Council in the manner provided in Section
53330.5 of said Government Code.
SECTION 5. This ordinance shall be effective thirty (30) days after its adoption. Within fifteen
(15) days after its adoption, the City Clerk shall cause this ordinance to be published in a
newspaper of general circulation in the City pursuant to the provisions of Govemment Code
Section 36933.
Ordinance 2973
Page 2
Prepared by
Approved as to form by
rA. Y\\~
Ann Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this 17th day of August, 2004, by the following vote:
AYES:
Councilmembers:
Davis, McCann, Rindone, Salas and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
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ATTEST:
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Susan Bigelow, MMC, City lerk
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
Ordinance No. 2973 had its first reading at a regular meeting held on the 3rd day of August,
2004 and its second reading and adoption at a regular meeting of said City Council held on the
17th day of August, 2004.
Executed this 17th day of August, 2004.
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Susan Bigelow, MMC, City Clerk