HomeMy WebLinkAboutReso 2005-084
RESOLUTION NO. 2005-084
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE INITIATION OF
PROCEEDINGS TO CONSIDER THE FORMATION OF
COMMUNITY FACILITIES DISTRICT NO. 12-M (OTAY
RANCH VILLAGE SEVEN) FOR MCMILLIN OTA Y RANCH
LLC AND OTAY PROJECT L.P., AND APPROVING THE
FORM OF TWO REIMBURSEMENT AGREEMENTS
WHEREAS, the City of Chula Vista, California, has been presented with and has
received an application from McMillin Otay Ranch LLC and Otay Project L.P. (the
"Applicants"), requesting that this City Council initiate proceedings pursuant to the Mello-Roos
Community Facilities Act of 1982, as amended (Government Code Section 53311 and
following)(the "Act") to form a maintenance community facilities district preliminarily
designated as Community Facilities District No. 12-M (Otay Ranch Village Seven) (the
"District") to fund the maintenance of certain public improvements serving Chula Vista and
development improvements serving the Otay Ranch Village Seven project; and
WHEREAS, the Applicants have requested that the District encompass that territory
within a portion of Village Seven of the Otay Ranch owned by and to be developed by the
Applicants; and
WHEREAS, the form of a Community Facilities Reimbursement Agreements pursuant to
which the Applicants have agreed to advance funds to the City to pay for all costs incurred by the
City in undertaking the proceedings to consider the formation of the District to be secured by the
levy of special taxes with the District has been presented to this City Council for its
consideration.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION I. The above recitals are all true and correct.
SECTION 2. This City Council hereby authorizes the initiation of proceedings to consider the
formation of the District as requested by the Applicants subject to all requirements of the Act and
the Goals and Policies.
The decision of this City Council to form the District is an exercise of the legislative
authority of this City Council. The adoption of this resolution and the approval of the
reimbursement agreements do not either collectively or separately obligate this City Council to
exercise its legislative discretion in a particular manner. This resolution does not in any way
create a contractual, legal or equitable obligation of commitment by this City Council to approve
the formation of the District. This City Council expressly reserves the right to abandon the
proceedings to consider the formation of the District for any reason at any time prior to the
completion thereof.
SECTION 3. The form of the reimbursement agreements by and between the City and
McMillin Otay Ranch, LLC and Otay Project L.P. are hereby approved. The City Manager is
hereby authorized to execute such agreements for and on behalf of the City with such changes
thereto as the City Manager, following consultation with the City Attorney and Best Best &
Krieger LLP, deem to be in the best interests of the City.
Resolution 2005-084
Page 2
SECTION 4. This resolution shall become effective upon its adoption.
Presented by
Approved as to form by
Director
CA~
Ann Moore
City Attorney
"
P SSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 22nd day of March, 2005, by the following vote:
AYES:
Councilmembers:
Castaneda, Davis, McCann, and Rindone
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
ATTEST:
~'.J I/o l [~(J '"' .I
Susan Bigelow, MMC, City erk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certiry that the foregoing
Resolution No. 2005-084 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.
,
--:. ~tJ...J.. ~ I á~ ~
Susan Bigelow, MMC, City Clerk
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