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HomeMy WebLinkAbout03-160 CC ResolutionRESOLUTION NO. 03-160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING JOINT COMMUNITY FACILITIES AGREEMENTS RELATING TO THE FINANCING OF PUBLIC IMPROVEMENTS AND SERVICES AND IMPLEMENTATION OF ACQUISITION AGREEMENT - WOLF CREEK WHEREAS, the Board of Directors of the Temecula Public Financing Authority (the "Authority") is undertaking proceedings to form the Temecula Public Financing Authority Community Facilities District No. 03-03 (VVolf Creek) (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), and the Authority intends to issue bonds of the Authority for the CFD (the "Bonds") in order to finance costs of public improvements (the "Improvements") to be constructed within the City of Temecula (the "City") and the elimination of a prior fixed assessment lien, as described in the proceedings to form the CFD; and WHEREAS, the CFD is also expected to be authorized to fund certain maintenance services (the ~Services") described in the proceedings to form the CFD; and WHEREAS, in order to enable the CFD to finance the Improvements and the Services, Section 53316.2 of the California Government Code requires that the City and the Authority enter into a joint community facilities agreement prior to the formation of the CFD with respect to the portion of the Improvements to be owned or operated, and with respect to any of the Services to be provided, by the City for the CFD; and WHEREAS, a form of joint community facilities agreement - City, by and between the City and the Authority relating to the improvements to be owned or operated by the City, and with respect to the Services that may be provided by the City for the CFD (the "Joint Community Facilities Agreement - City") has been filed with the City Clerk; and WHEREAS, a form of joint community facilities agreement, by and among the City, the Authority, Wolf Creek Development, LLC and the Riverside County Flood Control and Water Conservation District relating to certain flood control facilities to be funded by the CFD (the "Joint Community Facilities Agreement - Flood Control" and, together with the Joint Community Facilities Agreement - City, the "Joint Community Facilities Agreement") has been filed with the City Clerk; and WHEREAS, the City Council, with the assistance of City staff, has reviewed the Joint Community Facilities Agreements, and the City Council now desires to approve the Joint Community Facilities Agreements and direct their execution and delivery; and WHEREAS, the Authority expects to enter into an Acquisition Agreement (the "Acquisition Agreement") with Wolf Creek Development, LLC (the "Developer"), whereby the Developer will construct some of the Improvements to be acquired with the proceeds of the Bonds; and WHEREAS, the implementation of the Acquisition Agreement will involve actions by the Director of Public Works of the City and certain other City officials, and the City Council now R:/Resos 2003/Resos 03-160 I desires to authorize City officials to assist in the implementation of the Acquisition Agreement the current form of which has been reviewed by and is on file with the Director of Public Works. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. Approval of Joint Community Facilities Aqreements The City Council hereby approves the Joint Community Facilities Agreements in the respective forms on file with the City Clerk, and hereby authorizes and directs the Mayor to execute and deliver, and the City Clerk to attest, the Joint Community Facilities Agreements in such forms together with any changes therein deemed advisable by the City Manager upon consultation with the City Attorney, the approval of such changes to be conclusively evidenced by the execution and delivery by the Mayor of the Joint Community Facilities Agreements. The City Council hereby declares that the Joint Community Facilities Agreements will be beneficial to the residents residing within the boundaries of the City. Section 2. Approval of Assistance Under Acquisition Aqreement The City Council hereby authorizes the Director of Public Works and all other appropriate officials of the City to assist the Authority in the implementation of the Acquisition Agreement, and to perform those functions described in the Acquisition Agreement as to be performed by officials of the City. Section 3. 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 Joint Community Facilities Agreements and the Acquisition 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, the Joint Community Facilities Agreements and the Acquisition Agreement. Section 4. Effectiveness. This Resolution shall take effect upon its adoption. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 28th day of October, 2003. ATTEST.:; C M~;~,,/~ ' Jeffrey E, Stone, Mayor R:/Resos 2003/Resos 03-160 2 STATE OF CALIFORNIA ) COUNTYOF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 03-160 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 28th day of October, 2003, by the following roll call vote: AYES: 4 NOES: 0 COUNCILMEMBERS: Comerchero, Naggar, Pratt, Stone COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Roberts ABSTAIN: 0 COUNClLMEMBERS: None ._~.~ City Clerk R:/Resos 2003/Resos 03-160 3