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HomeMy WebLinkAbout01-005 - Resolutions RESOLUTION NO. 01-005 • 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 RANCHO ETIWANDA PUBLIC FACILITIES COMMUNITY FACILITIES DISTRICT NO. 1 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 RANCHO ETIWANDA PUBLIC FACILITIES COMMUNITY FACILITIES DISTRICT NO. 1 (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 facilitiesto 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 formalron'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, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES 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. 01-005 Page 2 of 2 • 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. PASSED, APPROVED, AND ADOPTED this 3rd day of January 2001. AYES: Alexander, Biane, Dutton, Williams NOES: None ABSENT: Curatalo ABSTAINED: None Wr liam J. Alexand , Mayor • ATTEST: Debra J. Adams C, City Clerk I, DEBRA J. ADAMS, CITY CLERKof 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 3 r day of January 2001. Executed this 4'" day of January, at Rancho Cucamonga, California. ra J. Ada , CMC, City Clerk •