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HomeMy WebLinkAboutCC Reso No 1989-56RESOLUTION PJO. 89-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAICE ELSINORE ACCEPTING A PETITION~ DESIGNATING BOND COUNSEL AND UNDERARITER AND DIRECTING STAFF TO PROCEED TO ESTABLISH A COMMUNITY FACILITIES DISTRICT WHEREAS, the City of Lake Elsinore (the "City") has received a Petition for Formation of a Community Facilities District (the "District") from owners of property within the District, pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2, title 5 of the government Code of the State of California (the "Act'~), for the levy of a special taxes to pay for the construction and/or acquisition of certain specified public facilities (the "Project") and for the issuance of special tax bonds in such proceedings under the Act; and WHEREAS, in order to proceed with the processing of the District in accordance with the Act, the City wishes to designate and retain Bond Counsel to conduct said proceedings and to direct City staff to proceed with the formation of the District and the authorization and sale of special tax bonds thereof; and WHEREAS, the City also wishes to designate and retain an Underwriter to advise the City in the structuring of the financing and the sale of bonds and to purchase the bonds of the District upon authorization thereof: and PTHEREAS, the Project will be of benefit to the City and its residents; NOWs THEREFORE~ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE~ AS FOLLOWS9 Section 1. The City hereby accepts the petition of property owners for the formation of the District pursuant to the provisions of the Act. Section 2. The City hereby designates orrick, Herrington & Sutcliffe and Harper and Burns as Co-Bond Counsel (hereinafter "Bond Counsel") to the City for the project described in the petition and directs the City Manager to enter into an Agreement for Bond Counsel Services in conjunction therewith. Section 3. The City further designates Pliller & Schroeder Financial. Inc. as Underwriter (hereinafter the 11Underwriter") for the financing of the Project to advise the City in the structuring of the financing and the sale of bonds and to purchase the bonds of the District upon authorization thereof. RESOLUTION N0. 89-56 Page Two ~; Section 4. The appropriate staff inembers of the City are hereby authorized and directed to proceed with the t~~...~i: ~... ..C Yl.~ T: r}...: Y ~.,~,~,u,.~..... ..~ ,,...: .,~,....~c,. and sale of s~ecial tax bonds, ~ pursuant to the terms and provisions of the Act and the approval of all subsequent proceedings by the City Council. Section 5. The City recognizes that certain property owners within the District, or others on their; behalf, have advanced or may advance moneys to pay for engineering and other costs of the Project or the District, and it is the intent of the City to reimburse such costs, without interest, to the extent such costs are verified and approved by the City and are eligible under the Act, to the parties making such advances; such costs shall be reimbursed only from bond proceeds of the District. Section 6. This resolution shall take effect immediately upon its passage and adoption. PASSED, APPROVED AND ADOPTED this 24th day of ___Uctober , 1989. AYES: NOES: ABSENT: ABSTENTIONS: COUNCILMEMBERS: COUNCILP4EP1BERS: COUNCILMEMBERS: COUNCILMEMBERS: BUCK, DOP1IfJGUEZ;"STA.RKEY, N!ASHBURN, WINKLER NONE NONE ._ NONE APPROVED AS TO FORM AND LEGALITY: JOHN R. HARPE~, ~ITY ATTORNEY CITY OF LAKE LS NORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) , I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, np HEREBY CERT2FY that the foregoing Resolution duly zdopt~d bp the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 24th day of October, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASABURN~ WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ~BSTAIN: COUNCILMEMBERS: NONE y~~ \`\\~~=w~l VI~KI LY'iVN D, CITY CLERK " CITY OF LAKE EL,SItYORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-56 of said Council, and that the same has not been amended or repealed. D TED: October 25, 1989 , VI~f:KT LYNNE '.ASAD, CITY CL RK i CITY-OF LAKE ELSINORE (SEAL)