HomeMy WebLinkAbout18-72 CC ResolutionRESOLUTION NO. 18-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A DEPOSIT AGREEMENT AND
A JOINT COMMUNITY FACILITIES AGREEMENT
RELATING TO THE FINANCING OF MUNICIPAL
SERVICES
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Tri Pointe Homes, Inc. (the "Landowner") has submitted to the City of
Temecula (the "City") $34,500.00 (the "Deposit"), to be used by the City to pay costs of
the City and the Temecula Public Financing Authority (the "Authority") in connection with
proceedings under Section 53311 et seq. of the California Government Code (the "Act")
to create a community facilities district to be designated "Temecula Public Financing
Authority Community Facilities District No. 19-01 (Municipal Services)" (the "CFD").
Section 2. There has also been submitted a Deposit Agreement (the "Deposit
Agreement'), to be entered into by the Landowner, the City and the Authority (for itself
and on behalf of the CFD), and the City now desires to enter into the Deposit Agreement
with the Authority and the Landowner in order to assist with the formation of the CFD.
Section 3. It is expected that the CFD will be authorized to fund certain municipal
services to be provided by the City and related administrative expenses of the CFD (the
"Services"), to be described in the proceedings to form the CFD.
Section 4. In order to enable the CFD to finance the Services, 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 adoption by the Authority of an ordinance
authorizing the levy of a special tax on property in the CFD.
Section 5. A form of joint community facilities agreement, by and between the City
and the Authority relating to the Services to be provided by the City for the CFD (the "Joint
Community Facilities Agreement") has been filed with the City Clerk.
Section 6. The City Council, with the assistance of City staff, has reviewed the
Deposit Agreement and the Joint Community Facilities Agreement, and the City Council
now desires to approve the Deposit Agreement and the Joint Community Facilities
Agreement and direct their execution and delivery.
Section 7. The City Council hereby approves and authorizes the City Manager to
execute and deliver the Deposit Agreement in the form on file with the City Clerk, and to
take all actions on his part necessary to implement the Deposit Agreement. The Director
of Finance is hereby authorized and directed to accept the Deposit and to use the Deposit
(and any Additional Deposits, as defined in the Deposit Agreement) in the manner
contemplated by the Deposit Agreement.
Resos 18-72
Section 8. 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 and CFD formation counsel, 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.
Section 9. The Mayor, City Manager, Director of Finance, 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 with respect to the implementation of the Deposit
Agreement and the Joint Community Facilities Agreement, including but not limited to the
execution and delivery of any and all agreements, certificates, instruments and other
documents, which they, or any of them, may deem necessary or desirable and not
inconsistent with the purposes of this Resolution.
Section 10. This Resolution shall take effect upon its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 13th day of November, 2013.
Matt Rahn, Mayor
ATTES�-�
Randi o , ity Clerk
[SEAL]
Resos 18-72
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the
foregoing Resolution No. 18-72 was duly and regularly adopted by the City Council of the
City of Temecula at a meeting thereof held on the 13th day of November, 2013, by the
following vote:
AYES: 5 COUNCIL MEMBERS
NOES: 0 COUNCIL MEMBERS:
ABSTAIN: 0 COUNCIL MEMBERS:
ABSENT: 0 COUNCIL MEMBERS:
Comerchero, Edwards, Naggar,
Stewart, Rahn
y
Randi Johl, City Clerk
Resos 18-72