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HomeMy WebLinkAboutCC Reso No 2006-194RESOLUTION NO. 2006-194 RESOLUTION OF THE CITY COUNCIL OF TFIE CITY OF LAKE ELSINORE APPROVING TWO JOINT COMMUNITY FACILITIES AGREEMENTS AND A FUNDING, CONSTRUCTION AND ACQUISITION AGREEMENT RELATING TO THE CITY OF LAKE ELSINORE COMMiJNITY FACILITIES DISTRICT NO. 2006-8 (RUNNING DEER ESTATES) WHEREAS, the City Council (the "Council") of the City of Lake Elsinore (the "City") has heretofore adopted Resolution No. 2006-168 ("Resolution of Intention") stating its intention to form City of Lake Elsinore Community Faciliries District No. 2006-8 (Running Deer Estates) (the "CFD") pursuant to the Mello- Roos Community Facilities Act of 1982, as amended (the "Act"); and WHEREAS, Section 53316.2 of the Act states that a community facilities district may finance facilities to be owned ar operated by an entity other than the agency that created the district only pursuant to a joint community facilities agreement or a joint exercise ofpowers agreement; and WHEREAS, certain facilities and capital fees to be financed by the CFD include those faciliries and capital fees to be owned or operated by the Elsinore Valley Municipal Water District and the Lake Elsinore Unified School District. NOW, THEREFORE, THE CITY COUNCIL OF THE CTTY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council hereby approves the Joint Community Facilities Agreements in substantially the forms 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 Joint Community Facilities Agreements 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 Agreement in substanrially the form presented to the City Council at this meeting. The Mayor, the City Manager and the Director of Administrative CITY COUNCIL RESOLUTION NO. 2006-194 Page 2 of 2 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. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 28th day of November, 2006, by the following vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NO ,~ Robert E. M; City of Lake A' Frederick Ra City of Lake APPROVED Clerk ~afbara Zeid~ibold, City Attorney City of Lake lsinore