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HomeMy WebLinkAboutOrd 1998-2758ORDINANCE NO. 2758 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 98-2 (OPEN SPACE MAINTENANCE DISTRICT [MCMILLIN - D.A. AMERICA, OTAY RANCH - SPA TWO, VILLAGES 6&7]), 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. 98-2 (OPEN SPACE MAINTENANCE DISTRICT [MCMILLIN - D.A. AMERICA, OTAY RANCH - SPA TWO, VILLAGES 6&7]) (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 prepaid, permanently satisfied and canceled in accordance with Section 53344 of the Ordinance 2758 Page 2 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 John M, Kaheny City Attorney Ordinance 2758 Page 3 EXHIBIT A Cateaories of Special Taxes Taxable Category The taxable land category includes each Parcel of Taxable Property assigned t'~ the District (Taxable C=:tegory). The Maxi.m,,jm Special Tax which may be levied on each Parcel within the Taxable Category for Fiscal Year 1998199 shaft be S47.52 per Acre (said amount 1o be levied pro rata fcr any pomon of an ~,;;e). Said Maximum Special Tax shall be increased or decreased each Fiscal Year thereafter by a factor which shall be the lesser of the annual percentage chart.no in the January to January San Diego Metropohtan Area All Urban Consumer Pnce lnoex (A[Z I~ems) or toe annual percentage change in the estimated California Four, n Quaoar Per Capita Personal income as contained in the Governor's budget published every January, E~empt Category The exempt category includes each property owned by, conveyed or ~rrevocadly offered for dedication to a pubhc agency, land wnich is in the public right-of-way, untoarmed 'utm;y easements vthich make utilization for other than the purpose set forth m the easement impractical. common areas, private streets and parks. and open space ic:s ('Exams; Category"). Assianment ta Careaortas of Soecial Taxes On or about July 1 of ea:h year (but in any event in sufficient time to :nctude the !evy of :.':e Special Taxes on the County's secured 'tax roll) the City shall assign each Parcel w~tnln the District to the Taxable Category. or Exempt Category. Parcels suotect to levy shall :e determined hosed upon the records of the San DIego County Assessor. Levy and Aooortionment of Special Taxes The City shall determine the Special Tax L~ability for the District in each Fiscal Year on or aba~.t every July I (Out in any event in sufficient time to include the levy of the Special Taxes on the County*s secured tax roU) Special Taxes shall then be levied on each Parcel within the D~s:nct as follows: Step 1: The Special Tax for Parcels assigned to the Taxable Category shall be calculated as the lessor of: (i) Tne Special Tax babihTy for the Distnct as determined by the City, divtded by the t3tal Acres for all Parcels assigned to the Taxable Colegory. OR. Ordinance 2758 Page 4 Part IV - Rate and Method of Apportionment of Special Taxes ANNUAL TAX A Special lax shall be levied annually cn land within Community Facilities District No. 98-2 (Interim Open Space Maintenance Disthor) of the City of Chula Vista (the 'District"). and collected acceding to the Special Tax Liability determined by the City of Chula Vista (the 'City') through the application of the following procedures. All of the property within the District. unless. ptherwise exempted by law or the express provisions of the rate and method of apportionment expressed below, shall be taxed to the extent and in the manner provided below. All Special Taxes applicable to Parcels shall be collected in the same manner and at the same time as ordinary ad voiDram property taxes. and that Special Taxes so levied will be subject to the same penalties and procedures, sale and lien priority in case of delinquency as is provi.ded for ad valorera taxes. DEFINITIONS Acre or Acreage means the area of a Parcel as shown OR the latest maps of the Assessor of the County of San Diego, or, if the area of such Parcel is not shown on such Assessor's maps. the area as shown on a current recorded subdivision map, parcel map, record of survey or other recorded document creating or describing the Parcel. If the preceding maps are not available. the area shall be determined by the City Engineer Administrative Expenses means the d~rect and indirect expenses incurrat by the C;ty in carTying out its duties with respect to the District (including. but not limited to, the levy and collection of the Special Taxes) including the fees and expenses of its counsel. Any fees of the County related to the District or the collection of Special Taxes. an allocable share of the salaries of City staff directly related thereto. any amounts paid by the City from its general fund with respect to the District, and expenses incurred by the City in under, aking 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 Distdct means the Interim Open Space Maintenance District - SPA Two (Villages 6 & 7) of the Community Facilities District No 98-2 of the City of Chula Vista. Facilities means those improvements defined in Part 11 of the Special Tax Reporl dated July 1. 1998 for Community Facilities District No 98-2 of the City of Chula Vista Fiscal Year means the period sta. rting on July 1 and ending the following June 30. Ordinance 2758 Page 5 (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 Liability for the next Fiscal Year. Step 3: The owner(s) of Parcels within the District, may at its election. deposit funds with the City prior to July 15 of each Fiscal Year, in an amount equal to the Parcel's Special _ .Tax:which shall be deposited into the Operating Fund and Reserve Fund of the District. Step 4: If the funds deposited with the C~ty are less than the Parcel's Special Tax obligation for the Fiscal Year. then a Special Tax shall be levied equat to the Parcel*s Special Tax as determined in Step 1 minus any funds deposited for the current Fiscal Year pursuant to Step 3. Ordinance 2758 Page 6 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 6'h day of October, 1998, by the following vote: AYES: Councilmembers: Padilia, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: Moot ATTEST: Sh~ Mayo/JC'j~r~ ~Auth~let, 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. 2758 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 meeting of said City Council held on the 13~1 day of October, 1998. Executed this 13'" day of October, 1998. Beverly A.~uuthelet, City Clerk '