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HomeMy WebLinkAboutCC Reso No 2006-029RESOLUTION NO. 2006-29 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT AND A FUNDING, CONSTRUCTION AND ACQUISITION AGREEMENT RELATING TO THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-1 (SUMMERLY) WHEREAS, the City Council (the "Council") of the City of Lake Elsinore (the "City") has heretofore adopted Resolution No. 2006-08 ("Resolution of Intention") stating its intention to form City of Lake Elsinore Community Facilities District No. 2006-1 (Summerly) (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, as ainended (the "Act"); and WHEREAS, Section 53316.2 of the Act states that a community facilities district may finance facilities to be owned or operated by an entity other than the agency that created the district only pursuant to a joint community facilities agreement or a joint exercise of powers agreement; and WHEREAS, certain facilities and capital fees to be financed by the CFD include those facilities and capital fees to be owned or operated by the Elsinore Valley Municipal Water District. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council hereby approves the Joint Community Facilities Agreement in substantially the form presented to the City Council at this meeting. The Mayar, the City Manager and the Director of Administrative Services are hereby authorized to execute the Joint Community Facilities Agreement with such revisions, amendments and completions as shall be approved by the officer executing the same, such approval to be conclusively evidenced by the execution and delivery thereof. SECTION 2. The City Council hereby approves the Funding, Construction and Acquisition Agreeinent in substantially the form presented to the City Council at this meeting. The Mayor, the City Manager and the Director of Administrative Services are hereby authorized to execute the Funding, Construction and Acquisition Agreement with such revisions, amendments and completions as shall be approved by the officer executing the same, such approval to be conclusively evidenced by the execution and delivery thereof. CITY COUNCIL RESOLUTION NO. 2006-29 Page 2 of 2 SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 28 day of February, 2006, by the following vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: BU Y l ~s Robert E. Mage,~,~ City of Lake E~sm ATTES : ~-~~ Frederick Ray, Ty Clerk City of Lake Elsinore ara Zeid ~leibold, City Attorney of Lake Elsinore