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HomeMy WebLinkAboutCC Reso No 2006-198RESOLUTION NO. 2006-198 RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING A JOINT COMMITNITY FACILITIES AGREEMENT AND A FEE DEPOSIT AND REIMBURSEMENT AGREEMENT RELATING TO THE CITY OF LAKE ELSINORE COMMUNITY FACILTTIES DISTRICT NO. 2006-10 (RIVERLAKE VILLAS) WHEREAS, the City Council (the "Council") of the City of Lake Elsinore (the "City") has heretofare adopted Resolution No. 2006-179 ("Resolution of Intention") stating its intention to form City of Lake Elsinore Community Faciliries District No. 2006-10 (Riverlake Villas) (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "AcY'); 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 capital fees to be financed by the CFD include those capital fees to be paid to the Elsinore Valley Municipal Water District; and WHEREAS, the developer with respect to the CFD intends to make a security deposit with the City to cover certain City capital fees, which are eligible for refund upon the sale of the Bonds and the payment of such City capital fees from the proceeds of such Bonds. 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 Mayor, 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. CITY COi1NCIL RESOLUTION NO. 2006-198 Page 2 of 2 SECTION 2. The City Council hereby approves the Fee Deposit and Reimbursement Agreement 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 Fee Deposit and Reimbursement 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 Resolurion 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: Robert E. M; City of Lake ATTE : Frederick R , City Clerk City of Lake Elsinore AP ROVED~ T RM~) ; , 1/C~ ~rbara Zei eibold, City Attorney City of Lake Elsinore