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HomeMy WebLinkAbout01-157 - Resolutions RESOLUTION NO. 01-157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FORM OF A JOINT COMMUNITY FACILITIES FINANCING AGREEMENT BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE CUCAMONGA COUNTY WATER DISTRICT PERTAINING TO THE CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2001- 01 RECITALS: A. The City Council has initiated proceedings to create a Community Facilities District pursuant to the terms and provisions of the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act') for the purpose of providing for the financing of the construction of certain public facilities. This Community Facilities District is designated as City of Rancho Cucamonga Community Facilities District No. 2001-01 (the "Community Facilities District'). B. The Cucamonga County Water District (the "District') provides water and sewer service to the property within the proposed Community Facilities District. C. Included among the public facilities proposed to be constructed are certain water and sewer facilities necessary to serve the property within the proposed Community Facilities District and which will be owned, operated and maintained by the District. D. The Act provides that the Community Facilities District may finance the acquisition of facilities to be owned or operated by an entity other than the City of Rancho Cucamonga (the "City") pursuant to a joint community facilities agreement adopted pursuant to Government Code Section 53316.2. E. Government Code Section 53316.2 provides that the City Council and the Board of Directors of the Cucamonga County Water District may enter into a joint community facilities agreement at any time prior to the adoption by the City Council of the resolution of formation creating the Community Facilities District if each legislative body adopts a resolution declaring that such joint community facilities agreement would be beneficial to the residents of each respective agency. F. The form of a Joint Community Facilities Agreement by and between the City and the District (the "JCFA") has been presented to this City Council for its consideration. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: i Resolution No. 01-157 Page 2 of 3 SECTION 1. RECITALS. The above recitals are all true and correct. SECTION 2. DECLARATION. The City Council hereby declares that the JCFA would be beneficial to the residents of the City. SECTION 3. APPROVAL OF JCFA. The form of JCFA as presented to this City Council and on file with the City Clerk is hereby approved. The Mayor or the City Manager is hereby authorized and directed to execute and deliver the JCFA substantially in the form on file with the City Clerk and presented to this meeting, with such additions thereto or changes or insertions therein as may be approved by the Mayor or City Manager (such approval to be conclusively evidenced by such execution and delivery). PASSED, APPROVED, AND ADOPTED this 20'" day of June 2001. AYES: Alexander, Biane, Curatalo, Williams NOES: None ABSENT: Dutton ABSTAINED: None William J. Alex der, Mayo ATTEST: 14 Debra J. Adam , CMC, City Clerk Resolution No. 01-157 Page 3 of 3 I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 20`h day of June 2001. Executed this 215' day of June 2001, at Rancho Cucamonga, California. //-/,C 2 ra J. Adam MC, City Clerk