HomeMy WebLinkAboutOrd 1998-2757ORDINANCE NO. 2757
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY
OF COMMUNITY FACILITIES DISTRICT NO. 98-1 (OPEN SPACE
MAINTENANCE DISTRICT [OTAY RANCH, LLC-OVP-SPA ONE,
VILLAGES 1 WEST, 2, 2 WEST, 6, 7 & PLANNING AREA 12]),
AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH
COMMUNITY FACILITIES DISTRICT
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 designated as
COMMUNITY FACILITIES DISTRICT NO. 98-1 (OPEN SPACE MAINTENANCE DISTRICT
[OTAY RANCH, LLC-OVP-SPA ONE, VILLAGES 1 WEST, 2, 2 WEST, 6, 7 & PLANNING AREA
12]) (the "District").
BE IT ORDAINED 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
Ordinance 2757
Page 2
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.
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 days after its adoption. Within
fifteen days after its adoption, the City Clerk shall cause this ordinance to be published in the
"Star-News," a newspaper of general circulation in the city, pursuant to the provisions of
Government Code Section 36933.
Presented by
Approved as to form by
Ordinance 2757
Page 3
EXHIBIT A
Par~ IV - Rate and Method of'Apportionment of Special Taxes
ANNUALTAX
A Special Tax shall be levied annuaIly cn '.and within Community Facilmes District No. 98-1
(interim Open Space Maintenance District) of the City of Chula Vista (the 'District"). and
collected according to the Special Tax Liability determined by the CIty of Chula Vista (the
'City') through'the appficabon of the following procedures. All of the prcpeny within the District,
unless otherwise exempted by law or the express provisions of the rate and method of
apportionment expressed below. shah be taxed to the extent and in the manner provided below
All Special Taxes appZicable to Parcels shall be collected in the same manner and at the same
time as ordinary ad valorera property taxes, and that Special Taxes so levied will be subject to
the same penalties and procedures. sale and lien priority in case of aelinquency as is provided
for ad valorera taxes.
DEFINITIONS
Acre or ,Acreage means the area of a Parcel as shown on the latest maps of the Assessor Of
the County of San Diego, or, if the area cf su~'~ Parcel is not shown on such Assessor's maps,
the area as shown on a current recorded subdivision mop, parcel map. record of survey or
other recorded document creating or describing the Parcel. if the preceding maps are not
avaitable, the area shall be determined by the City Engineer.
Administrative Expenses means the direct and indirect expenses incurred by the City in
carrying out its duties with respect tc the D!strict (including. but not hmited to. the levy anC
ccilection of the Spec=al Taxes) ~ndudin9 the fees and expenses of ~ts csunsel. Any fees of the
County related to the District or the c,sllectidn of Special Taxes. an allocable share of the
salaries of City staff directly related thereto. any amounts paid ny the C~ty from its general fund
with respect to the District, and expenses incurred by the City ~n underInking actions to
foreclose on properties for which the payment of Special Taxes is delinquent, and all other
costs and expenses of the City related to the District.
City means the City of Chula Vista
District means the Interim Open Space Maintenance District - SPA One (Villages One West.
Two West, and podions of Villages Two. Six. Seven and PIanning Area 12) of the Cdmmunity
Facilities District No. 98-1 of the City of Chula Visa.
Facilities means those improvements defined in Part, I1 of the Special Tax Report dated July 1,
1998 for Community Facilities District No 98-1 of the City of Chula Vista
Fiscal Year means the period staEting on July 1 and ending the following June 30
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Page 4
Maximum Special Tax means the maximum special tax that can be levied within CFD No 95-1
by the City Council in any Fiscal Year for each Parcel of Taxable Property.
Operating Fund means a fund that shall be maintained within the District for any Fiscal Year to
pay for the'actual costs of maintenance, repair, and replacement of the Facilities. and tne
Administrative Expenses.
Operating Fund Balance means the amount of funds in the Operating Fund at the end of the
preceding Fiscal Year.
Operating Fund Requirement means for any Fis.:al Year an amount equal to the Duogored
costs of the maintenance, repair and replacement of the Facilities which have been accepted
and maintained by the District or are reasonably expected to be accepted and maintained by
the Distri~ during the current Fiscal Year plus the budgeted Administrative Expenses of the
District for the current Fiscal Year in which Special Taxes are levied.
Parcel means any San Diego County Assessar's Parcel or portion thereof that Is within the
boundaries af the Distri~ designated on a map of the San Diego County Assessor and which
has been assigned a discrete identifying number on the equalized tax rolls of the County '
Reserve Fund means a fund that shall be maintained to provide necessary cash flow for
operations and maintenance for the first Six months of each Fiscal Year. working capital to
cover maintenance and repair cost overruns and Selinquencies that may arise in connection
with the collection of Special Taxes and a reasonable buffer a_sa~nst large variations In annuai
special tax amounts,
Reserve Fund Balance means the amSunt of funds in the ReServe Fund at the end Of the
preceding Fiscal Year.
Reserve Fund Requirement means the required balance in tne Reserve Fund equal to up to
100% of the Operating Fund Requirement.
Special Tax means the special tax or special taxes actually levied within CFD No 98-1.
Special Tax Liability for any Fiscal Year is an amount determined suff,cient to pay the costs cf
the District. including: (i) the amount required to be deposited into the Operating Fund to meet
the Operating Fund Requirement, less the Operating Fund Balance. and (ii) the lotal amount
required to be deposited into the Reserve Fund if any, to meet the Reserve Fund Requirement.
less the Reserve Fund Balance
Ordinance 2757
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Taxable Property is all real propeRy or Parcels within the boundaries of the District which are
not exempt from the Special Tax pursuant to law, or which are not classified or assigned to the
Exempt Category as defined heroin.
Cateoories of Soecial Taxes
Taxable Category
The taxable land category includes each Parcel of Taxable Prope~y assigned to the District
(Taxable Ca!egory).
The Maximum Special Tax which may be levied on each Parcel within the Taxable Category for
Fiscal Year 1998199 shall be $103 per Acre (said amount to be levied pro rata for any portion of
an Acre), Said Maximum Special Tax shall be increased or decreased each Fiscal Year
thereafter by a factor which shell be the lesser of the annual percentage change in the January
to January San Diego Metropolitan Area All Urban Consumer Price lnbex (All Items) or th~
annual percentage change in the estimated Califcrnia Fourth Quarler Per Capita Personal
Income as contained in the Governor's budget published every January.
Exempt Category
The exempt category includes each property owned by, conveyed or irrevocably offered for
dedication to e public agency, land which is in the public right-of-way, untoarmed utility
easements which make utilization for other than the purpose set foRn in the easement
impractical, common areas, private streets and parks, and open space lots (Exempt Category).
Assicnment to Cateaories of Soecial Taxes
On or about July 1 of each year (but in any event in sufficient brae to include the levy of the
Special Taxes on the County's secured tax roll) the CIty shall assign each Parcel within the
District to the Taxable Category, or Exempt Category. Parcels subject to levy shall be
determined based upon the records of the San Die_co County Assessor
Levv and Apportionment of Snecial Taxes
The City shall determine the Special Tax Liability for the District in each Fiscal Year on or about
every July 1 (but in any event in sufficient time to include the levy of the Special Taxes on the
County's secured tax roll). Special Taxes shall then be levied on each Parcel within the District
as follows:
Step 1: The Special Tax per Acre for Parcels assigned to the Taxable Calegory shall be
calculated as the lessor of:
(i) The Special Tax Liability for the District as determined by the City, divided by the
total Acres for all Parcels assigned to the Taxable Calegory.
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(it) the Maximum Special Tax rate for Parcels assigned to the Taxable Category
Step 2: The City shall advise the owner of Parcels within the District of the Special Tax Liabil=ty
fsr the next Fis,:al Year.
Step 3: Tne oWner(s) of Parcels within the District, may at its ei=~ction, deposit funds with the
City prior to July 15 each Fiscal Year, in an amount equal to the ParceYs Special Tax
v,,'nlc,h shall be deposited into the Operating Fund and Reserve Fund of the District.
Step 4: If the funds deposited with the City is less than the Parcei's Special Tax for the Fiscal
Year, then a Special Tax shall be levied equal to the ParceEs Special Tax as
determined in Step 1 minus any funds deposited for the current Fiscal Year pursuant to
Step 3.
Ordinance 2757
Page 7
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13th day of October, 1998, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Moot, Rindone, Padilia, Salas and Horton
None
None
None
Shirle~ Mayor
ATTEST:
Beverly/~. Authelet, 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. 2757 had its first reading at a regular meeting held on the 6th day of
October, 1998 and its second reading and adoption at a regular cneeting of said City Council
held on the 13th day of October, 1998.
Executed this 13th day of October, 1998,
~Authelet, City Clerk