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HomeMy WebLinkAbout03-175 CC ResolutionRESOLUTION NO. 03-175 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 "Authority") is undertaking proceedings to form the Temecula Public Financing Authority Community Facilities District No. 03-06 (Harveston II) (the "CFD") pursuant to the Melio-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 a Supplement No. 1 to Acquisition Agreement (the "Supplement") supplementing an Acquisition Agreement for the Authority's Community Facilities District No. 01-2 (Harveston) (the "Existing Acquisition Agreement") with Harveston, LLC, one of the owners of the land in the CFD (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 Existing Acquisition Agreement, as amended by the Supplement (collectively, 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. 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 R:/Reso~ 2003/Resos 03-175 1 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 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 November, 2003. ATTEST: ~.~ Jeffrey E. Stone, Mayor R:/Resos 2003/Resos 03-175 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 03-175 was duly adopted at a special meeting of the City Council of the City of Temecula on the 25th day of November, 2003, by the following roll call vote: AYES: 5 COUNCILMEMBERS: Comerchero, Naggar, Roberts, Washington, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNClLMEMBERS: None J / ' Susan/W. Jones, CMC '~....__ J '~.. / City Clerk R:/Resos 2003/Resos 03-175 3