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HomeMy WebLinkAboutOrd 1998-2745ORDtNANCE NO. 2745 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 98-3 (OPEN SPACE MAINTENANCE DISTRICT #35 [SUNBOW II]) WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA (the "Legislative Body"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in 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"). This Community Facilities District is designed as COMMUNITY FACILITIES DISTRICT NO. 98-3 (OPEN SPACE MAINTENANCE DISTRICT NO. 35 [SUNBOW Ill) (the "District"). BE IT ORDAINEl:) AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. This Legislative Body does, by the passage of this ordinance, authorize the levy of special taxes at the rate and formula as set forth in Exhibit "A" attached hereto (the "Special Tax Formula"), referenced and so incorporated. SECTION 3. This Legislative Body is hereby further authorized, by Resolution, to determine the specific special tax rate and amount to be levied for the then current tax year or future tax years, except that the special tax rate to be levied shall not exceed the maximum special tax rate as authorized pursuant to the Special Tax Formula, but the special tax may be levied at a lower rate. SECTION 4. The proceeds of the above authorized and levied special tax may only be used to as authorized by the Special Tax Formula. The proceeds of the special tax shall be levied only so long as needed for its purpose, and shall not be used for any other purpose. SECTION 5. The above authorized special tax shall be collected in the same manner as ordinary ad valorera taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes; however, as applicable, this legislative body may, by resolution, establish and adopt an alternate or supplemental procedure as necessary. SECTION 6. The above authorized special tax shall be secured by the lien imposed pursuant to Sections 3114.5 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 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 legislative body of the local Agency in the manner provided in Section 53330.5 of said Government Code. Ordinance 2745 Page 2 SECTION 7. This Ordinance and special tax shall be applicable for the referenced District, as well as any future annexations. SECTION 8. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after this 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 Government Code Section 36933. Presented by Approved as to form by John . Lippitt/ Y~ Publi~ Director Ordinance 2745 Page 3 EXHIBIT A COMMUNITY FACILITIES DISTRICT NO. 98-3 SUNBOW II OPEN SPACE MAINTENANCE DISTRICT Facility Maintenance Costs and Spread Methodology The estimated annua~ budget amounts for each of the types of facilities that will be maintained, operated, and managed and to which services will be furnished must be distributed to the parcels within the boundary of the District based on an equitable methodology. There are a number of different methods for apportioning the costs including size of parcel, number of people being served, traffic trips generated by parcel, etc. The method that most equitably distributes the costs taking into account the type of facility and how it serves the population is the method that is used. In each case, the method that is used is converted to a basic unit called an Equivalent Dwelling Unit (EDU). The single family detached dwelling unit is one EDU and other land uses are a ration relating to this base measure. The value of an EDU is based on EDU factors for which support data is available from the City of Chula Vista and/or SANDAG. For Sunbow II Open Space District, two spread methods were utilized to distribute the costs of the service provided. For the Landscaped Medians and parkways, the spread method utilized was the Trip Generation Method. For all other types of services, the Population Method was utilized. Proposed Maximum Special Tax Rates The rate of special tax levy broken down by land use for this District for a typical dwelling matrix is as follows: Land use Cost/EDU/Year Cost/Acre/Year Single Family Detached $350 N/A Multi-family $340 N/A Commercial N/A ~3,040 Industrial N/A $2,720 Undeveloped Land N/A $2,470 Public Parcels - (EXEMPT) N/A N/A Ordinance 2745 Page 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 15~h day of September, 1998, by the following vote: AYES: NAYS: ABSENT: Councilmembers: Councilmembers: Councilmembers: Moot, Padilia, Rindone, Salas and Horton ABSTAIN: Councilmembers: Sh~rl Mayor ATTEST: t , City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2745 had its first reading at a regular meeting held on the 1"t day of September and its second reading and adoption at a regular meeting of said City Council held on the 15th day of September, 1998. Executed this 15'h day of September, 1998.