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HomeMy WebLinkAbout97-084 CC ResolutionRESOLUTION NO. 97-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING TRANSFER OF THE GOVERNANCE OF COMMUNITY FACILITIES DISTRICT NO. 88-12 OF THE COUNTY OF RIVERSIDE (YNEZ CORRIDOR) TO THE CITY AND APPROVING DO~ AND ACTIONS IN CONNECTION THEREWITH WHEREAS, the Board of Supervisors of the County of Riverside (the 'County~) has formed the Community Facilities District No. 88-12 of the County of Riverside (the 'District'), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, constituting Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code (the 'Acff); and WHEREAS, the District lies within the incorporated boundaries of the City of Temecula (the "City~); and WI~REAS, Section 53368 et seq. of the Act provides for the transfer of the authority for governance of a community facilities district from the jurisdiction of a county to the jurisdiction of a city upon written agreement entered into between the governing boards of the county and the city, and the satisfaction of any conditions in the agreement and the conditions to transfer contained in Section 53368.2 of the Act; and WHEREAS, in connection with development occurring in the District, it is necessary to construct the Overland Overcrossing, and said project was intended to be financed by the District and constructed by the City; and WHEREAS, the City is currently administering a sales tax rebate program in respect of the special taxes levied in the District pursuant to an agreement entered into with the property owners in the District at the time of formation of the District; and ~, the City desires that the District issue additional bonded indebtedness as soon as practicable so that construction of the Overland Crossing can proceed as necessary in connection with the private development of the shopping mall in the District; and WHEREAS, because the District lies wholly within the geographical boundaries of the City, the City already administers a complex sales tax rebate agreement for the District and the remaining improvements necessary to be funded by the District are to be constructed by the City, the City Council has determined Q. at it is in the best interests of the City and its residents, insofar as it will promote local control and accountability, for the City to take control of the administration of the District; and Reaos\97-84 I WHEREAS, this City Council now desires to request that the County Board of Supervisors endorse and approve, as soon as practicable, a transfer of the administrative control of the District to the City; and WHEREAS, a form of transfer agreement has been prepared under the direction of the City staff and is on file with the City Clerk, and the City Council now desires to approve the agreement and authorize and direct City staff to negotiate the agreement with the County, and execute and deliver the agreement and take all actions necessary thereunder and under the Act to transfer the governance of the District from the County to the City. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Temecula as follows: 1. Findings and Determinations. The City Council hereby finds and determines that the foregoing recitals are true and correct, and that it is in the best interests of the City and its residents that the governance of the District be transferred from the County to the City. 2. Request for Transfer. The City Council hereby requests that the Board of Supervisors of the County take all necessary action under the Act as soon as practicable to transfer the governance of the District from the County to the City. The Mayor and the City Manger are hereby directed to request in writing that the Supervisor of the County in whose District the City is located and the County Executive Officer, respectively, consider as soon as practicable the City's request for transfer of the District as stated in this Resolution. The City Council hereby approves Agreement For Transfer of the District, in the form on file with the City Clerk, and authorizes the Mayor to execute, and the City Clerk to attest, the Agreement in said form, together with such changes therein as shall be approved by the City Manager upon consultation with the City Attorney. The City Council hereby approves the performance by the City of the Agreement, as executed by the Mayor. 3. Official Actions. The City Council hereby authorizes and directs the City Clerk and all other officers and agents of the City to take all actions necessary under the Agreement and the Act to transfer the governance of the District from the County to the City. Rcsos\97-84 2 PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula, at a regular meeting held on the 22nd day of July, 1997. Patricia Birdsall, Mayor ATTEST: ~ty-Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) cc CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 97-84 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 22nd day of July, 1997, by the following roll call vote: AYES: 4 COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone NOF, S: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Birdsall Resos\97-84