HomeMy WebLinkAboutReso 2006-235
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RESOLUTION NO 2006-235
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 13-M (OT A Y
RANCH VILLAGE TWO) FOR OTAY PROJECT L.P AND
APPROVING THE FORM OF THE REIMBURSEMENT
AGREEMENT
WHEREAS, the City of Chula Vista, California, has been presented with and has
received an application from Otay Project, L.P (the "Applicants"), requesting that the 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. 13M
(Otay Ranch Village Two) (the "District") to fund the maintenance of certain public
improvements serving Chula Vista and development improvements serving the Otay Ranch
Village Two project; and
WHEREAS, the Applicant has requested that the District encompass that territory within
Otay Ranch Village Two owned by and to be developed by the Applicant; and
WHEREAS, the form of a Community Facilities Reimbursement Agreement pursuant to
which the Applicant has 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 1 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 Applicant 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 agreement 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 or 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 This resolution shall become effective upon its adoption.
Resolution No. 2006-235
Page 2
Presented by
Approved as to form by
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Leah Browder
Acting Director of Engineering
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Ann Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this I st day of August 2006 by the following vote:
AYES
Councilmembers:
Castaneda, Chavez, McCann, and Padilla
NAYS.
Councilmembers:
None
ABSENT.
Councilmembers:
Rindone
ATTEST
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"'-Stephen . l'ladilla, Mayor
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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
Resolution No. 2006-235 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 1st day of August 2006.
Executed this I st day of August 2006.
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Susan Bigelow, MMC, City CI k
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