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HomeMy WebLinkAbout03-035 - Resolutions RESOLUTION NO. 03-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FORMS OF JOINT COMMUNITY FACILITIES FINANCING AGREEMENTS PERTAINING TO THE CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003- 01 BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND EACH OF THE CUCAMONGA COUNTY WATER DISTRICT, THE ETIWANDA SCHOOL DISTRICT AND THE CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT 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. 2003-01 (the "Community Facilities District"). B. The Cucamonga County Water District (the "CCWD") provides water and sewer service to the property within the proposed Community Facilities District. The Etiwanda School District ("Etiwanda") and the Chaffey Joint Union High School District ("Chaffey") each operate schools serving property within the proposed Community Facilities District. The CCWD, Etiwanda and Chaffey are sometimes collectively referred to herein as the "Districts." C. Included among the public facilities proposed to be constructed and/or reconstructed are certain facilities necessary to serve the property within the proposed Community Facilities District and which will be owned, operated and maintained by the Districts. D. The Act provides that the Community Facilities District may finance the construction of facilities to be owned or operated by an entity other than the City of Rancho Cucamonga (the "City") pursuant to one or more joint community facilities agreements adopted pursuant to Section 53316.2 of the Act. Such agreements may be entered into at any time prior to the adoption by the City Council of a 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. E. The forms of Joint Community Facilities Agreements by and between the City and each of the Districts (each a "JCFA" and collectively the "JCFA's") have been presented to this City Council for its consideration. Resolution No. 03-035 Page 2 of 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1: Recitals. The above recitals are all true and correct. SECTION 2: Declaration. The City Council hereby declares that each JCFA would be beneficial to the residents of the City. SECTION 3: Approval of JCFA. The form of each of the JCFA's 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 each 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). Please see the following page for formal adoption,certification and signatures Resolution No. 03-035 Page 3 of 3 PASSED, APPROVED, AND ADOPTED this 19`" day of February 2003. AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams NOES: None ABSENT: None ABSTAINED: No"1 * am . exaer, ay ATTEST: 6dbra J. Ad 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 19'" day of February 2003. Executed this 201" day of February 2003, at Rancho Cucamonga, California. Lko- D6bra J. Adams, MC, City Clerk