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HomeMy WebLinkAboutCC Reso No 2005-137RESOLUTION NO. 2005-137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING TWO JOINT COMMUNITY FACILITIES AGREEMENTS AND TWO FEE DEPOSIT AND REIMBURSEMENT AGREEMENTS WHEREAS, the City Council (the "Council") of the City of Lake Elsinore (the "City") has heretofore adopted Resolution No. 2005-62 ("Resolution of Intention") stating its intention to form City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) (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 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 and Caltrans. 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 both of 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 both of the Fee Deposit and Reimbursement 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 Fee Deposit and Reimbursement 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 3. This Resolution shall take effect from and after the date of its passage and adoption. CITY COUNCIL RESOLUTION N0.2005-137 Page 2 of 3 PASSED, APPROVED AND ADOPTED this 13 day of .SEPTEMBER 2005. AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ATTE ~~ redrick Ray, puty City Clerk City of Lake Elsinore 1 c~ert E.1Glagee, City of Lake Elsit B~fbara Zeid L~old, City Attorney City of Lake E sinore STATE OF CALIFORNIA } COUNTY OF RIVERSIDE } SS: CITY OF LAKE ELSINORE } I, FREDERICK RAY, DEPUTY CITY CLERK OF THE CITY OF LAKE ELSINORE, 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 13 day of AUGUST , 2005, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS:NONE ABSENT: COUNCILMEMBERS:NONE ABSTAIN: COUNCILMEMBERS:NQNE FREDERICK ,DEPUTY CITY CLERK CITY OF LA ELSINORE (SEAL)