Loading...
HomeMy WebLinkAboutReso 2005-099 RESOLUTION NO. 2005-099 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), MAKING CERTAIN DETERMINATIONS AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF CERTAIN TERRITORY PROPOSED TO BE ANNEXED TO SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), has previously declared its intention and held and conducted proceedings relating to the annexation of territory to an improvement area in an existing community facilities district 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, and specifically Article 3.5 thereof (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"). The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) (the "District") and the improvement area has been designated as IMPROVEMENT AREA "A" ("Improvement Area 'A"'); and WHEREAS, notice of a public hearing relating to the annexation of territory to Improvement Area "A", the extent of the territory to be annexed, the furnishing of certain public services and all other related matters has been given; and WHEREAS, the area proposed to be annexed is known and designated as COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA "A", ANNEXATION NO.4 (the "Annexation Area"); and WHEREAS, it has now been determined that written protests have not been received by 50% or more of the registered voters residing either within the Annexation Area or Improvement Area "A" and/or property owners representing more than one-half (1/2) or more of the area of land within the Annexed Area or within Improvement Area "A"; and WHEREAS, inasmuch as there have been less than twelve persons registered to vote within the Annexation Area for each of the 90 preceding days, this legislative body desires to submit the levy of the required special tax to the landowners of the Annexation Area, said landowners being the qualified electors as authorized by law. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. Recitals. The above recitals are all true 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 Community Facilities District Resolution 2005-099 Page 2 Law, and this finding is made pursuant to the provisions and authorization of Section 53325.1 of the Government Code ofthe State of California; (B) the annexation of the Annexation Area to Improvement Area "A" as proposed 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 Annexation Area 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 Annexation Area 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 Annexation Area; (D) the time limit specified by the Community Facilities District Law for conducting an election to submit the levy of the special taxes to the qualified electors of the Annexation Area and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the Annexation Area; (E) the City Clerk, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of any resolution annexing the Annexation Area to the District; and (F) the public services proposed to be financed from the proceeds of special taxes to be levied within the Annexation Area are necessary to meet increased demands placed upon the City as a result of development and/or rehabilitation occurring in the Annexation Area. SECTION 3. Boundaries Of Annexed Area. The boundaries and parcels of land the Annexation Area and in which the public services are to be provided and on which special taxes will be levied in order to pay the costs and expenses for such public services are generally described as follows: All that property and territory proposed to be annexed to Improvement Area "A" of the District, as said property is shown on a map as previously approved by this legislative body, said map designated by the number of the annexation and the name of the District and Improvement Area "A," a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. SECTION 4. Description Of Services. The services that are authorized to be financed from the proceeds of special taxes levied within Improvement Area "A" of the District are certain services which are in addition to those services provided in or required for the territory within Improvement Area "A" and will not be replacing services already available. A general description of the services authorized to be financed by Improvement Area "A" is as follows: The monitoring, maintenance, operation and management of public property in which the City has a property interest and which conforms to the requirements of the ordinance or private property within the Otay Ranch Preserve which is required by the Preserve Owner/Manager to be maintained as open space or for habitat maintenance or both. Such property may be located outside the boundaries of the District and outside the jurisdictional boundaries of the City of Chula Vista. Such services shall not include the maintenance, operation and/or management of Resolution 2005-099 Page 3 any property owned, maintained, operated and/or managed by the federal and/or state government as open space, habitat maintenance and/or for any other purpose. The District shall finance all direct, administrative and incidental annual costs and expenses necessary to provide such monitoring, maintenance, operation and management of such public property. The same types of services which are authorized to be financed by the District from the proceeds of special taxes levied within Improvement Area "A" are the types of services to be provided in the Annexation Area. If and to the extent possible such services shall be provided in common with Improvement Area "A" and the Annexation Area. SECTION 5. Special Tax. Except where funds are otherwise available, a special tax sufficient to pay for such services to be provided in the Annexation Area, secured by recordation of a continuing lien against all non-exempt real property in the Annexation Area will be levied annually within the boundaries of the Annexation Area. For particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit "A" which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the Annexation Area to clearly estimate the maximum amount of the special tax that such person will have to pay. The special taxes 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; however, as applicable, this City Council may, by resolution, establish and adopt an alternate or supplemental procedure as necessary. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the City of Chula Vista, acting for and on behalf of the District. SECTION 6. Election. The proposition related to the levy of the special tax shall be submitted to the qualified electors of the Annexation Area, said 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 said annexed territory. The special election shall be held on March 22, 2004, and said election shall be a special election to be conducted by the City Clerk (hereinafter "Election Official"). If the proposition for the levy of the special tax receives the approval of more than two-thirds of the votes cast on the proposition, the special tax may be levied as provided for in this resolution. SECTION 7. 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. 97-2, IMPROVEMENT AREA "A" ANNEXATION NO.4 AUTHORIZATION FOR SPECIAL TAX LEVY Shall Community Facilities District No. 97-2 (Preserve Maintenance District) of the City of Chula Vista be authorized to levy special taxes within the territory identified as Annexation No. 4 to Improvement Area "A" of such District pursuant to the rate and method of apportionment of special taxes (the "Special Tax Formula") set forth in Resolution No. 2005-033 Resolution 2005-099 Page 4 to finance the authorized services and administrative expenses and to fund and replenish a reserve fund, all as provided for in the Special Tax Formula? SECTION 8. Vote. The appropriate mark placed in the line before the word "YES" shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the line before the word "NO" in the manner as authorized, shall be counted against the adoption of said proposition. SECTION 9. Election Procedure. This City Council hereby authorizes the Election Official to take any and all steps necessary for the holding of said election and ratifies any such steps previously taken by such Election OÍÌÌcial which were 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 said election, and said services shall include, but not be limited to the following: (A) Prepare and furnish to the election officers necessary election supplies for the conduct ofthe 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 Community Facilities District. (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 by 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. Prepared by Approved as to form by {À~~ Ann Moore City Attorney Resolution 2005-099 Page 5 PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 22nd day of March, 2005, by the following vote: AYES: Councilmembers: Castaneda, Davis, McCann, and Rindone NAYS: Councilmembers: None ABSENT: Councilmembers: Padilla ~tJ?~ ATTEST: ..~~ ~/ ~ Susan Bigelow, MMC, 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. 2005-099 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 22nd day of March, 2005. Executed this 22nd day of March, 2005. ~ -~. ~ - ~Susan Bigelow, MMC, City Clerk