HomeMy WebLinkAbout04-294 - ResolutionsRESOLUTION NO. 04-294
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE
FORMS OF JOINT COMMUNITY FACILITIES FINANCING
AGREEMENT BY AND BETWEEN THE CITY OF RANCHO
CUCAMONGA AND THE CUCAMONGA VALLEY WATER
DISTRICT, THE ETIWANDA SCHOOL DISTRICT, THE
CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT, THE
COUNTY OF SAN BERNARDINO, THE SAN BERNARDINO
COUNTY FLOOD CONTROL DISTRICT AND THE INLAND
EMPIRE UTILITIES AGENCY PERTAINING TO COMMUNITY
FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIWANDA
ESTATES)
WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA,
CALIFORNIA (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 acquisition of certain
public facilities. This Community Facilities District shall hereinafter be referred to as
COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIWANDA ESTATES) (the
"District"); and,
WHEREAS, included among the public facilities proposed to be acquired are
certain public facilities which will be owned, operated and maintained by the Cucamonga Valley
Water District ("CVWD"), the Etiwanda School District ("ESD"), the Chaffey Joint Union High
School District ("CJUHSD"), the County of San Bernardino (the "County"), the San Bernardino
County Flood Control District (the "Flood Control District") or the Inland Empire Utilities Agency
("IEUA" and together with CVWD, ESD, CJUHSD, the County and the Flood Control District, the
"Public Agencies"); 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 City of Rancho Cucamonga (the
"City") 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 legislative bodies of the Public Agencies may enter into separate Joint Community
Facilities Agreements at any time prior to the adoption by the City Council of the resolution of
formation creating the District if each legislative body declares that such Joint Community
Facilities Agreement would be beneficial to the residents of each respective agency; and
WHEREAS, the legislative body of each of the Public Agencies has approved the
applicable form of Joint Community Facilities Agreement and thereby declared that such Joint
Community Facilities Agreement would be beneficial to the residents of the applicable Public
Agency; and
Resolution No. 04-294
Page 2of3
WHEREAS, the form of each Joint Community Facilities Agreement by and
between the City and each of the Public Agencies have been presented to this City Council for
its consideration.
SECTION 1: RECITALS. The above recitals are all true and correct.
SECTION 2: DECLARATION. The City Council hereby declares that each of
the Joint Community Facilities Agreements would be beneficial to
the residents of the City.
SECTION 3: APPROVAL OF JOINT COMMUNITY FACILITIES
AGREEMENTS. The forms of each Joint Community Facilities
Agreement 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 the City Manager (an
"Authorized Officer"), acting for and on behalf of the District, is
hereby authorized and directed to execute and deliver each Joint
Community Facilities Agreement 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 and Best Best & Krieger LLP, the
District's bond counsel.
Please see the following page
for formal adoption, certification and signatures
Resolution No. 04-294
Page 3of3
PASSED, APPROVED, AND ADOPTED this 15th day of September 2004.
AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams
NOES: None
ABSENT: None
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ATTEST:
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ebra J. Ada MC, 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 Adjourned
Meeting of said City Council held on the 15th day of September 2004.
Executed this 16th day of September 2004, at Rancho Cucamonga, California.
Debra J. Ad s, CMC, City Clerk