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HomeMy WebLinkAboutCC Reso No 1988-37RESOLUTION NO. 88-37 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, RIVERSIDE COUNTY, CALIFORNIA, MAKING DESIGNATIONS AND APPOINTMENTS TO FULFILL RESPONSIBILITIES AND PERFORM DUTIES IN CONNECTION WITH PROCEEDINGS FOR FORMATION OF A COMMUNITY FACILITIES DISTRICT AND ISSUANCE OF BONDS (FRIEDMAN HOMES) WHEREAS, the City Council of the City of Lake Elsinore has received and reviewed an agreement by and between the City of Lake Elsinore (the "City") and Friedman Homes (the "Developer") entitled Agreement for Acquisition (the "Agreement"); and WHEREAS, the Agreement provides that the Developer will construct certain improvements generally described as follows: Construction and acquisition of improvements for streets, street signs and signals, curb and gutter, sidewalks, retaining walls, bridges, storm drains, water facilities, sewerage facilities and slope protection together with appurtenances and appurtenant work and acquisition of rights-of-way and/or fee title to land, if necessary, and incidental expenses in connection therewith (the "Improvements"); and WHEREAS, the Agreement further provides that, upon completion of construction of the Improvements, the City will undertake proceedings general described as follows: Formation of a Community Facilities District under the Mello-Roos Community Facilities Act of 1982 for £he purpose (a) of issuing bonds secured by a special tax to reimburse the Developer for the costs of the Improvements and to pay for incidental costs in connection therewith and for the purpose (b) of annually levying a special tax to pay for police, fire protection, ambulance and paramedic services and to pay for maintaining parks, parkways and storm drains, together with incidental expenses in connection therewith. Formation of a Landscaping and Lighting District under the Landscaping and Lighting Act of 1972 for the purpose of annually levying an assessment to pay for the cost of the maintenance and servicing of street lighting, landscaped areas and any other improvements authorized thereunder, including acquisition of land for park, recreational or open-space purposes, together with incidental expenses in connection therewith. Page 1 of 3 WHEREAS, the Agreement further provides that the Community Facilities District and Landscaping and Lighting District will encompass those lands within Tentative Tract Nos. 20472, 20704 and 20705; and WHEREAS, it is appropriate to make designations and appointments to fulfill responsibilities and perform duties in connection with proceedings for formation of a Community Facilities District and issuance of bonds: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lake Elsinore does hereby find, declare and determine as follows: Section 1. Recitals. The above recitals are all true and correct. Section 2. Newsbaper of General Circulation. The newspaper designated for all publications incident to the Community Facilities District and bond issued thereby shall be SUN TRIBUNE Section 3. Engineer of Work. The engineer(s) designated to assume the responsibilities and perform the duties of Engineer of Work for the Community Facilities District and Landscaping and Lighting District shall be MILO KEITH & ASSOCIATES (the "Engineer of Work"), pursuant to the Agreement for Engineering Services on file with the City. Section 4. Underwriter. The underwriter designated to purchase bonds of the Community Facilities District shall be M. L. STERN & CO., INC. (the "Underwriter"), subject to approval of an Agreement for Purchase of Bonds. Section 5. Bond Counsel. The attorney(s) designated as Bond Counsel for all proceedings incident to the Community Facilities District and bonds issued thereby shall be EUGENE A. NAZAREK Page 2 of 3 (the "Bond Counsel"), pursuant to an Agreement for Bond Counsel Services which is hereby approved. Section 6. Effective Date. This resolution shall take effect upon its adoption. PASSED, APPROVED AND ADOPTED this 12th day of July , 1988, at the regular meeting of the City Council by the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE . Jim Winkler, ayor AT~EST: . , Vicki 7~~,ii Kasad, Cit' y Clerk (SEAL) APPROVED AS John R FORM: Page 3 of 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) 55: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Board on the 12th day of July, 1988, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE I~T~~'tS,TN: COUNCILMEMBERS: NONE ~~~ . V2CRI LY~ S~ITY CLERK CITY OF LAKE ELSINORE (SEALj STATE OF CALIFORNIA ) COUNTY OF RI~IERSIDE ) 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. 88-37, of said Board, and that the same has not been amended or repealed. DATED: Ju].ar 13, 1988 ICKL LY E SA<~ Y CLERK CZTY OF I~E ELSINORE (SEAL)