HomeMy WebLinkAbout2007/02/06 Item 3
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ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, AUTHORIZING THE LEVY
OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES
DISTRICT NO. 13M (OTA Y RANCH VILLAGE TWO)
ORDINANCE NO.
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 ta."(es
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 1. Division 2, Title
5 of the Government Code of the State of California (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"). This Community Facilities District is designated as COMMUNITY
FACILITIES DISTRICT NO. 13M (OTAY RANCH VILLAGE TWO) (the "District").
The City Council of the City of Chula Vista, California, acting as the legislative body of
Community Facilities District No. 13M (Otay Ranch Village Two), 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 "Rate and Method"), 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 Rate and
Method, 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
31 14.5 and 3115.5 of the Streets and Highways Code of the State of California, 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
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Ordinance No.
Page 2
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 shaH cause this Ordinance to be
published in a newspaper of general circulation in the City pursuant to the provisions of
Government Code Section 36933.
PREPARED BY:
APPROVED AS TO FORM BY:
Scott Tulloch
City Engineer
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