HomeMy WebLinkAbout03-035 CC ResolutionRESOLUTION NO. 03-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING JOINT COMMUNITY FACILITIES
AGREEMENT RELATING TO THE FINANCING OF PUBLIC
IMPROVEMENTS AND IMPLEMENTATION OF ACQUISITION
AGREEMENT
WHEREAS, the Board of Directors of the Temecula Public Financing Authority (the
"Authori~') is undertaking proceedings to form the Temecula Public Financing Authority
Community Facilities District No. 03-1 (Crowne Hill) (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, among other
improvements, the costs of public improvements (the "Improvements") to be owned and/or
operated by the City of Temecula (the "City") described in the proceedings to form the CFD; and
WHEREAS, in order to enable the CFD to finance the Improvements, 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 by the City for the CFD; and
WHEREAS, a form of joint community facilities agreement, by and between the City and
the Authority relating to the Improvements to be owned or operated by the 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 City
Joint Community Facilities Agreement, and the City Council now desires to approve the Joint
Community Facilities Agreement and direct its execution and delivery; and
WHEREAS, the Authority expects to enter into an Acquisition Agreement (the
"Acquisition Agreement") with the owner of most of the land in the CFD or an affiliate or
designee thereof (the "Developer"), whereby the Developer will construct all or a portion 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
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 Aqreement. 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, 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.
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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 Agreement 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 Agreement and the Acquisition
Agreement.
Section 3. This Resolution shall take effect upon its adoption.
PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at
a meeting held on the 25th day of March, 2003.
ATTEST:
~Michaela A. Ballreich
D.eputy City Clerk
'~Jeff~ey-E. Stone, Mayor
[SEAL]
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Michaela A. Ballreich, Deputy City Clerk of the City of Temecula, HEREBY DO
CERTIFY that the foregoing Resolution No. 03-35 was duly adopted at a special meeting of the
City Council of the City of Temecula on the 25th day of March, 2003, by the following roll call
vote:
AYES: 5
NOES: 0
ABSENT: 0
ABSTAIN: 0
COUNCILMEMBERS: Comerchero, Naggar, Pratt, Roberts, Stone
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
-'Michaela A. Ballreich
Deputy City Clerk
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