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HomeMy WebLinkAbout18-72 CC ResolutionRESOLUTION NO. 18-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEPOSIT AGREEMENT AND A JOINT COMMUNITY FACILITIES AGREEMENT RELATING TO THE FINANCING OF MUNICIPAL SERVICES THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Tri Pointe Homes, Inc. (the "Landowner") has submitted to the City of Temecula (the "City") $34,500.00 (the "Deposit"), to be used by the City to pay costs of the City and the Temecula Public Financing Authority (the "Authority") in connection with proceedings under Section 53311 et seq. of the California Government Code (the "Act") to create a community facilities district to be designated "Temecula Public Financing Authority Community Facilities District No. 19-01 (Municipal Services)" (the "CFD"). Section 2. There has also been submitted a Deposit Agreement (the "Deposit Agreement'), to be entered into by the Landowner, the City and the Authority (for itself and on behalf of the CFD), and the City now desires to enter into the Deposit Agreement with the Authority and the Landowner in order to assist with the formation of the CFD. Section 3. It is expected that the CFD will be authorized to fund certain municipal services to be provided by the City and related administrative expenses of the CFD (the "Services"), to be described in the proceedings to form the CFD. Section 4. In order to enable the CFD to finance 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 adoption by the Authority of an ordinance authorizing the levy of a special tax on property in the CFD. Section 5. A form of joint community facilities agreement, by and between the City and the Authority relating to the Services to be provided by the City for the CFD (the "Joint Community Facilities Agreement") has been filed with the City Clerk. Section 6. The City Council, with the assistance of City staff, has reviewed the Deposit Agreement and the Joint Community Facilities Agreement, and the City Council now desires to approve the Deposit Agreement and the Joint Community Facilities Agreement and direct their execution and delivery. Section 7. The City Council hereby approves and authorizes the City Manager to execute and deliver the Deposit Agreement in the form on file with the City Clerk, and to take all actions on his part necessary to implement the Deposit Agreement. The Director of Finance is hereby authorized and directed to accept the Deposit and to use the Deposit (and any Additional Deposits, as defined in the Deposit Agreement) in the manner contemplated by the Deposit Agreement. Resos 18-72 Section 8. The City Council hereby approves the Joint Community Facilities Agreement in the form on file with the City Clerk, and hereby authorizes and directs the City Manager to execute and deliver the Joint Community Facilities Agreement in such form together with any changes therein deemed advisable by the City Manager upon consultation with the City Attorney and CFD formation counsel, the approval of such changes to be conclusively evidenced by the execution and delivery by the City Manager of the Joint Community Facilities Agreement. The City Council hereby declares that the Joint Community Facilities Agreement will be beneficial to the residents residing within the boundaries of the City. Section 9. The Mayor, City Manager, Director of Finance, 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 with respect to the implementation of the Deposit Agreement and the Joint Community Facilities Agreement, including but not limited to the execution and delivery of any and all agreements, certificates, instruments and other documents, which they, or any of them, may deem necessary or desirable and not inconsistent with the purposes of this Resolution. Section 10. This Resolution shall take effect upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of November, 2013. Matt Rahn, Mayor ATTES�-� Randi o , ity Clerk [SEAL] Resos 18-72 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 18-72 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of November, 2013, by the following vote: AYES: 5 COUNCIL MEMBERS NOES: 0 COUNCIL MEMBERS: ABSTAIN: 0 COUNCIL MEMBERS: ABSENT: 0 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Stewart, Rahn y Randi Johl, City Clerk Resos 18-72