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