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HomeMy WebLinkAbout02-105 CC ResolutionRESOLUTION NO. 02-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT WITH THE EASTERN MUNICIPAL WATER DISTRICT RELATING TO SERENA HILLS WHEREAS, the Board of Directors of the Eastern Municipal Water District (the '~Nater District") is undertaking proceedings to form Community Facilities District No. 2002-08 (Serena Hills) (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), and the CFD may issue bonds (the "Bonds") in order to finance, among other public facilities, a portion of the costs of certain roadway improvements (the "Improvements") to be dedicated to the City of Temecula (the "City"); and WHEREAS, the Water District has requested that the City enter into a joint community facilities agreement (the "JCF Agreement") with the Water District so that the Improvements may be eligible for financing with proceeds of the Bonds; and WHEREAS, in order to enable the CFD to provide for Bond proceeds to finance the Improvements, Section 53316.2 of the California Government Code requires that the City and the Water District enter into the JCF Agreement prior to the formation of the CFD; and WHEREAS, a form of the JCF Agreement, by and between the City and the Water District has been filed with the City Clerk; and WHEREAS, the City Council, with the assistance of City staff, has reviewed the JCF Agreement, and the City Council now desires to approve the JCF Agreement and direct its execution and delivery. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. Approval of JCF Aqreement. The City Council hereby approves the JCF Agreement in the form on file with the City Clerk, and hereby authorizes and directs the City Manager to execute and deliver the JCF Agreement in such form together with any changes therein deemed advisable by the City Director of Finance upon consultation with the City Attorney, the approval of such changes to be conclusively evidenced by the execution and delivery by the City Manager of the JCF Agreement. The City Council hereby declares that the JCF Agreement will be beneficial to the residents residing within the boundaries of the City. Section 2. Official Actions. The Mayor, City Manager, Director of Finance, the Director of Public Works and City Clerk, and all other officers of the City, are hereby authorized and directed to take all actions and do all things necessary or desirable hereunder to implement the JCF Agreement, including but not limited to the execution and delivery of any and all agreements, certificates, documents and other instruments which they, or any of them, deem necessary or desirable and not inconsistent with the purposes of this Resolution and the JCF Agreement. R:/Resos 2002/Resos 02-105 1 Section 3. This Resolution shall take effect upon its adoption. Ron R)ol~erts, Mayor ATTEST: "-..[SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 02-105 was duly and regularly adopted by the City Council at a regular meeting of the City Council on the 12th day of November, 2002, by the following vote: AYES: 4 COUNCILMEMBERS: Comerchero, Naggar, Pratt, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Stone ABSTAIN: 0 COUNCILMEMBERS: None R:/Resos 2002/Resos 02-105 2