HomeMy WebLinkAbout04-328 - ResolutionsRESOLUTION NO. 04-328
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 ETIWANDA SCHOOL DISTRICT
PERTAINING TO THE FORMATION OF THE HENDERSON
CREEK PUBLIC FACILITIES COMMUNITY FACILITIES
DISTRICT NO. 2004-2
WHEREAS, the Board of Trustees of the Etiwanda School District (the 'Board of
Trustees"), 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 acquisition of certain public facilities. This
Community Facilities District shall hereinafter be referred to as HENDERSON CREEK PUBLIC
FACILITIES COMMUNITY FACILITIES DISTRICT NO. 2004-2 (the "District") and,
WHEREAS, Included among the public facilities proposed to be acquired are
certain street, storm drain and park facilities which will be owned, operated and maintained by
the City of Rancho Cucamonga (the "City"); and,
WHEREAS, the Act provides that the District may finance the acquisition of
facilities to be owned or operated by an entity other than the Etiwanda School District (the
"School District") only pursuant to a joint community facilities agreement adopted pursuant to
Government Code Section 53316.2; and
WHEREAS, Government Code Section 53316.2 provides that the City Council
and the Board of Trustees may enter into a joint community facilities agreement at any time
prior to the adoption by the Board of Trustees of the resolution of formation creating the 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; and
WHEREAS, the form of a Joint Community Facilities Agreement by and between
the City and the School District (the "JCFA") has been presented to this City Council for its
consideration.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
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
Resolution NO. 04-328
Page 2 of 3
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 City
Manager or such other official of the City as may be designated by this City
Council (an "Authorized Officer"), is hereby authorized and directed to execute
and deliver the JCFA subject to such additions or changes therein as such
Authorized Officer shall deem to be in the best interests of the District following
consultation with and review by the City Attorney.
Please see the following page
for formal adoption, certification and signatures
Resolution No. 04-328
Page 3 of 3
PASSED, APPROVED, AND ADOPTED this 3d day of November 2004.
AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams
NOES: None
ABSENT: None
IX ,
ATTEST:
Nnna
Debra J. Ada` s, CMC, City Clerk
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 3rd day of November 2004.
Executed this 4t" day of November 2004, at Rancho Cucamonga, California.
Debra J. Adam s7,CMC, City Clerk