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HomeMy WebLinkAboutCC Reso No 2005-037RESOLUTION NO. 2005 -37 RESOLVTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING A JOINT COMMiJNITY FACILITIES AGREEMENT AND A FUNDING, CONSTRUCTION AND ACQUISITION AGREEMENT WHEREAS, the City Council (the "Council") of the City of Lake Elsinore (the "City") has heretofore adopted Resolution No. 2004-77 ("Resolution of Iritention") stating its intenrion to form City of Lake Elsinore Community Facilities District No. 2004-3 (Rosetta Canyon) (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 ar operated by an entity other than the agency that created the district only pursuant to a joint community facilities agreemenf 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 FOLL,OWS: 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. Section 2. The City Council hereby approves the Funding, Construction and Acquisition 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 Funding, Construction and Acquisition Agreement with such revisions, amendments and complerions as shall 4557991Z1 . 1 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 22nd day of March ,2005. CITY OF LAKE ELSINORE gy: . ~ Title: ayor A`P'F~,ST: ~'lerk of the City of Lake Elsinore APPROVED AS TO Attorney 45579917.1 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, CALIFORNIA, 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 Council on the 22"a of March, 2005, and that it was so adopted 6y the following vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY A~A?N: COUNCILMEMBERS: NONE ~~KI~~ASAI), C1E~IC,'~ITY CLERK/ i~UMAPv RESOURCES DIRECTOR CI'~`7' OF ~i,AKE ELSINORE (SEAL) STATE OF CALIFOI2NIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICHI 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. 2005-37 of said Council, and that the same has not been amended or repealed. DA . A 'I 14, 2005 " CK* KASAID, ~MC, CI CLERK/ ~~UMIi1V RESOURCES DIRECTOR ~;ITY OF LAKE ELSINORE (3EAL)