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HomeMy WebLinkAbout90-048 CC ResolutionRESOLUTION NO. 90-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A CERTAIN UTILITY AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND THE COUNTY OF RIVERSIDE REGARDING ASSESSMENT DISTRICT NO. 161 WHEREAS, County has conducted proceedings for the formation of an assessment district pursuant to the Municipal Improvement Act of 1913 (the "Act"), being Division 12 (commencing with Section 1000) of the Streets and Highways Code of the State of California, designated Assessment District No. 161 (Winchester Properties) (the "Assessment District") to finance the construction and acquisition of certain public improvements specified in such proceedings (the "Improvements"); and WHEREAS, City is a municipal corporation organized and existing under the laws of the State of California, and is authorized to provide service to certain territory and property within the boundaries of the Assessment District; and WHEREAS, The Improvements include the installation and construction of those improvements identified and described in the Agreement attached hereto, which are to be owned, managed and controlled by City; and WHEREAS, County and City, before the ordering of the City Improvements, desire to enter into this Agreement pursuant to Section 10110 of the Act, whereby County or City will construct, and County will finance, the construction of the City Improvements as required by such Section and the terms of this Agreement. WItEREAS, It has been proposed that the County acting as the legislative body of Assessment District No. 161 enter into the following agreements with the City entitled: "COUNTY OF RIVERSIDE ASSESSMENT DISTRICT NO. 161 (Winchester Properties) UTILITY AGREEMENT (City of Temecula)" WHEREAS, The proposed Utility Agreement attached to this Resolution as Exhibit "A", and incorporated by this reference herein has been reviewed by Counsel for all parties; WHEREAS, The City Council now has reviewed the proposed Agreement pursuant to Streets & Highway Code Section 10110 and finds the approval of the Agreement is beneficial to the residents of the City; Resos 90-48 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. form presented. Section 2. Section 3. The Agreement attached as Exhibit A is hereby approved in substantially the The Mayor and City Clerk are hereby authorized to execute the Agreement. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 1st day of May, 1990. Ron J. Parks, Mayor ATTEST: June~-~Greek, Deputy City Clerk [SEAL] I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 1st day of May, 1990 by the following vote of the Council: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None reek, Deputy City Clerk Resos 90-48