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HomeMy WebLinkAbout03_020 TCSD ResolutionRESOLUTION NO. CSD 03-20 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT APPROVING JOINT COMMUNITY FACILITIES AGREEMENT RELATING TO THE FINANCING OF PUBLIC IMPROVEMENTS AND SERVICES - 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 (Wolf 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 Temecula Community Services District "(the TCSD") 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 the Services to be provided, by the TCSD for the CFD; and WHEREAS, a form of joint community facilities agreement - TCSD, by and between the TCSD and the Authority relating to the Improvements to be owned or operated by the TCSD, and with respect to the Services to be provided by the TCSD for the CFD (the "Joint Community Facilities Agreement") has been filed with the Secretary; and WHEREAS, the Board of Directors, with the assistance of City staff, has reviewed the Joint Community Facilities Agreement, and the Board of Directors now desires to approve the Joint Community Facilities Agreement and direct its execution and delivery. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Community Services District as follows: Section 1. Approval of Joint Community Facilities Aqreement. The Board of Directors hereby approves the Joint Community Facilities Agreement in the form on file with the Secretary, and hereby authorizes and directs the President or the Executive Director, each acting alone, to execute and deliver the Joint Community Facilities Agreement in such form together with any changes therein deemed advisable by the Executive Director upon consultation with the City Attorney, the approval of such changes to be conclusively evidenced by the execution and delivery by the TCSD of the Joint Community Facilities Agreement. The Board of Directors hereby declares that the Joint Community Facilities Agreement will be beneficial to the residents residing within the boundaries of the TCSD. Section 2. Official Actions. The President, the Executive Director and the Secretary, and all other officers of the TCSD, are hereby authorized and directed to take all actions and do R:/CSD Resos 2003/CSD 03-20 I all things necessary or desirable hereunder to implement the Joint Community Facilities 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 Joint Community Facilities Agreement. Section 3. Effectiveness. This Resolution shall take effect upon its adoption. ATTEST: PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Community Services District at a meeting held on the 28th day of October, 2003.  '~ --~'3~e-'ff~o merchero, President STATE OF CALIFORNIA ) COUNTYOF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, Secretary of the Temecula Community Services District, HEREBY DO CERTIFY that the foregoing Resolution No. CSD 03-20 was duly adopted at a meeting of the Board of Directors of the Temecula Community Services District on the 28th day of October, 2003, by the following roll call vote: AYES: 4 DIRECTORS: Naggar, Pratt, Stone, Comerchero NOES: 0 DIRECTORS: None ABSENT: 1 DIRECTORS: Roberts ABSTAIN: 0 DIRECTORS: None R:/CSD Resos 2003/CSD 03-20 2