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HomeMy WebLinkAboutCC Reso No 2004-23RESOLUTION NO. 2004- 23 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT AND A FUNDING, CONSTRUCTION AND ACQUISITION AGREEMENT WFiEREAS, the City Council (the "Council") of the City of Lake Elsinore (the "Cit~') has hetetofore adopted Resolution No. 2004-18 ("Resolution of Intention") stating its intention to form City of Lake Elsinore Community Facilities District No. 2004-1 (City Center Townhomes) (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 agreem~nt; 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 COLTNCIL OF T`HE 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 meering. 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 aze 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. adoption. This Resolution shall take effect from and after the date of its passage and asaaa~so.i 1 PASSED, APPROVED.AND ADOPTED this 27th day of Apri 1 , 2004. CITY OF LAKE ELSINORE By: A EST: ~.Wa~. ,~,6~0-91 Vicki Kasad, City Clerk APPROVED AS TO FORM: ~ /% B aza Leibold, ity Attorney 4saad~3o.i 2 ~ STATE OF CALIFORNIA ) ) ss. COUNTY OF RIVERSIDE ) I, Vicki Kasad, City Clerk of the City of Lake Elsinore, do hereby certify that the foregoing Resolution was duly adopted by the City Council of said City at a regular meeting thereof held on the 27th day of Apri 1 , 2004, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, F1AGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NOn~`n^ ~ r ~ ~~ By: Vicki Kasad, City Clerk 45444730.1 . ~. 3 _ . - ,. ~ ~ 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 27tn of April, 2004, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER,BUCKLEY NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AB~AIN: COUNCILMEMBERS: V4A.~.~ ~"~y°"~" VICHI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAK~ ELSINORE) NONE NONE NONE I, VICKI 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. 2004-23 of said Council, and that the same has not been amended or repealed. DA June 2, 2004 2~~. ~~{ VICHI KASAD, CMC, CITY CLERK/ I~UMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL)