HomeMy WebLinkAboutOrd 2000-2821ORDINANCE NO. 2821
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2
(PRESERVE MAINTENANCE DISTRICT) AUTHORIZING THE
LEVY OF A SPECIAL TAX IN THAT AREA DESIGNATED AS
COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE
MAINTENANCE DISTRICT), IMPROVEMENT AREA "A,"
ANNEXATION NO. 1
WHEREAS, 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 tax
in an area annexed to an existing 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 Govemment 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
Califomia (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. 97-2 (OTAY RANCH SPA ONE - VILLAGE ONE
WEST) (the "District") and the annexed area is designated as COMMUNITY FACILITIES
DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA "A",
ANNEXATION NO. 1 (the "Annexation Area").
The City Council of the City of Chula Vista, Califomia, acting as the legislative body of
Community Facilities District No. 97-2 (Otay Ranch Spa One - Village One West), 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 Annexation Area pursuant to the Rate and Method of Apportionment of Special
Taxes as set forth in Exhibit "A" attached hereto (the "Special Tax Formula"), 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 tax to be levied for the then current tax
year or future tax years, except that the special tax to be levied shall not exceed the maximum special
tax calculated pursuant to the Special Tax Formula, 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 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
Ordinance 2821
Page 2
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 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
Jp°~Ls Di~ector/~
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
Califomia, this 12m day of September, 2000, by the following vote:
AYES:
Councilmembers:
Davis, Moot, Padilla, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST:
Shirley HortZ~/,Ihayor
Susan Bigelow,
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing
Ordinance No. 2821 had its first reading at a regular meeting held on the 22n day of August, 2000
and its second reading and adoption at a regular meeting of said City Council ~eld on the 12th day of
September, 2000.
Executed this 12th day of September, 2000
Susan Bigelow, City Clerk