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HomeMy WebLinkAbout0016_3_CFD 2006-1 Formation of IA JJ and KK - Exhibit B Resolution - Intention To Incur DebtRESOLUTION NO. 2017-___ RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-1 (SUMMERLY), TO INCUR BONDED INDEBTEDNESS WITHIN PROPOSED IMPROVEMENT AREAS JJ AND KK OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-1 (SUMMERLY) Whereas, the City Council of the City of Lake Elsinore (the “City Council”) upon receipt of a petition as provided in Section 53318 of the Government Code of the State of California established City of Lake Elsinore Community Facilities District No. 2006-1 (Summerly) (“Community Facilities District No. 2006-1” or the “District”) and Improvement Area DD and Improvement Area GG therein, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), as amended; and, Whereas, upon receipt of a petition as provided in Section 53318 of the Government Code of the State of California, the City Council instituted proceedings to establish Improvement Area JJ and Improvement Area KK from the areas within Improvement Area DD and Improvement Area GG, respectively, of the District, pursuant to Resolution No. ____ adopted by the City Council on the date hereof to finance (1) the purchase, construction, modification, expansion, improvement or rehabilitation of public facilities identified in Attachment “A” hereto and incorporated herein by this reference, including all furnishings, equipment and supplies related thereto (collectively, the “Facilities”); and (2) the incidental expenses to be incurred in financing the Facilities and forming and administering the District (the “Incidental Expenses”); and, Whereas, the City Council estimates that the maximum amount required to finance the Facilities and Incidental Expenses is approximately Seven Million Dollars ($7,000,000) for Improvement Area JJ and Five Million Seven Hundred Thousand Dollars ($5,700,000) for Improvement Area KK; and, Whereas, in order to finance the Facilities and Incidental Expenses, the City Council intends to authorize the issuance of bonds in the maximum aggregate principal amount for each of Improvement Area JJ and Improvement Area KK that is set forth in the preceding recital, the repayment of which is to be secured by special taxes levied in accordance with Section 53328 of the Act on all property in the respective proposed Improvement Area, other than those properties exempted from taxation in the rate and method of apportionment set forth in Attachment “B” and “C” to Resolution No. ________; NOW, THEREFORE, THE CITY COUNCIL OF CITY OF LAKE ELSINORE, ACTING HAS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-1 (SUMMERLY) HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1.The above recitals are true and correct. Section 2.It is necessary to incur bonded indebtedness of Community Facilities District No. 2006-1 in a maximum aggregate principal amount not to exceed $7,000,000 for the benefit of Improvement Area JJ and $5,700,000 for the benefit of Improvement Area KK to finance the costs of the Facilities and Incidental Expenses, as permitted by the Act. CC Reso No. 2017 Page 2 of 4 2 Section 3.The indebtedness will be incurred for the purpose of financing the costs of the Facilities and the Incidental Expenses, including, but not limited to, the funding of reserve funds for the bonds, the financing of costs associated with the issuance of the bonds and all other costs and expenses necessary to finance the Facilities which are permitted to be financed pursuant to the Act. Section 4.It is the intent of the City Council to authorize the sale of bonds in one or more series, in the maximum aggregate principal amount of $7,000,000 for Improvement Area JJ and $5,700,000 for Improvement Area KK, and at a maximum interest rate not in excess of 12 percent per annum, or a higher rate not in excess of the maximum rate permitted by law at the time that the bonds are issued. The term of the bonds of each series shall be determined pursuant to a resolution of this City Council acting in its capacity as the legislative body of the District authorizing the issuance of the bonds of such series, but such term shall in no event exceed 40 years from the date of issuance of the bonds of such series, or such longer term as is then permitted by law. Section 5.A public hearing (the “Hearing”) on the proposed issuance of bonded indebtedness shall be held at 7:00 p.m. or as soon thereafter as practicable, on February 28, 2017, at the City Cultural Center, 183 North Main Street, Lake Elsinore, California. Section 6.At the time and place set forth in this Resolution for the Hearing, any interested persons, including all persons owning land or registered to vote within proposed Community Facilities District No. 2006-1, may appear and be heard. Section 7.The Clerk of the Board is hereby directed to publish a notice (the “Notice”) of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of Community Facilities District No. 2006-1. Such publication shall be completed at least seven days prior to the date of the Hearing. The Clerk of the Board is further directed to mail a copy of the Notice to each of the landowners within the boundaries of proposed Improvement Area JJ and Improvement Area KK at least 15 days prior to the Hearing. CC Reso No. 2017 Page 3 of 4 3 Passed and Adopted this 24th day of January, 2017. _____________________________ Robert M. Magee, Mayor Attest: __________________________ Susan M. Domen, MMC City Clerk STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF LAKE ELSINORE) I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. ______ was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of January 24, 2017, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Susan M. Domen, MMC City Clerk ATTACHMENT A Types of Facilities To Be Financed By Community Facilities District No. 2006-1 The facilities proposed to be financed for each of Improvement Area JJ and Improvement Area KK are public infrastructure facilities and other governmental facilities with an estimated useful life of five years or longer, which the District is authorized by law to construct, own or operate and that are necessary to meet increased demands placed upon the City as a result of development or rehabilitation occurring within the District, including but not limited to streets, streetscape, park and recreation facilities, storm drain, other City facilities and fees, water and sewer facilities and fees of the Elsinore Valley Municipal Water District, and related costs including designs, inspections, professional fees, annexation fees, connection fees and acquisition costs (the “Facilities”), and all appurtenances and appurtenant work in connection with the foregoing Facilities, including the cost of engineering, planning, designing, materials testing, coordination, construction staking, construction management and supervision for such Facilities, and to finance the incidental expenses to be incurred, including (together the “Facilities Incidental Expenses”): a.The cost of engineering, planning and designing the Facilities; b.All costs, including costs of the property owner petitioning to form the District, associated with the creation of the District, the issuance of the bonds, the determination of the amount of special taxes to be levied and costs otherwise incurred in order to carry out the authorized purposes of the District; and c.Any other expenses incidental to the construction, acquisition, modification, rehabilitation, completion and inspection of the Facilities. Such Facilities need not be physically located within the District.