HomeMy WebLinkAboutCC RES 15-70 RESOLUTION NO. 15-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, MAKING SPECIFIED FINDINGS
AND AUTHORIZING AND DIRECTING THE CITY
MANAGER TO CAST BALLOTS AND TO EXECUTE ALL
DOCUMENTS AND TAKE SUCH ACTIONS AS ARE
NECESSARY FOR FORMATION OF TUSTIN UNIFIED
SCHOOL DISTRICT COMMUNITY FACILITIES DISTRICT
NO. 15-2
WHEREAS, the City of Tustin ("City") and Tustin Unified School District ("TUSD")
entered into various agreements wherein the City agreed to cooperate with TUSD in the
formation of Community Facilities District No. 15-2 of the TUSD ("CFD No. 15-2")
pursuant to the terms and provisions of the Mello-Roos Community Facilities Act of
1982, as amended (the "Act") and for the development of specified TUSD school
facilities.
WHEREAS, the Board of Education of TUSD ("Board") has undertaken
proceedings and declared the necessity to issue bonds on behalf of CFD No. 15-2 and
called a combined special tax and bond election to be held within the boundaries of
CFD No. 15-2 on September 28, 2015 ("Election"), to effect certain real property owned
by the City as such property is depicted with the boundary map of CFD No. 15-2 in
Exhibit "A", attached hereto and incorporated herein by this reference (the "Property").
WHEREAS, in order to accommodate the scheduling of the Election, the City has
been requested to execute and provide to TUSD, acting on behalf of CFD No. 15-2, a
waiver and consent form in order to shorten time between the time of calling of the
Election and the date of the Election pursuant to the Act.
WHEREAS, the City Council desires to adopt this Resolution to provide for those
matters contained herein relating to CFD No. 15-2 and the Election.
THE CITY COUNCIL OF THE CITY OF TUSTIN DOES HEREBY FIND, DETERMINE
AND RESOLVE AS FOLLOWS:
A. The foregoing recitals are true and correct and are incorporated herein.
B. The City has examined the relevant documentation concerning the Property and
confirms that the City is the sole owner of the Property for purposes of adoption
of this Resolution.
C. The City Council authorizes and directs that the waiver and consent of the City,
as owner of the Property, for purposes of Section 53326 of the Act, shall be
Resolution No. 15-70
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executed and delivered by the City to TUSD, acting on behalf of CFD No. 15-2
and delegates to Jeffrey C. Parker, City Manager ("City Manager"), the authority
to execute and deliver such form, as reviewed and approved as to form by the
City Attorney.
D. The City Council authorizes the City Manager to act as the City's designated
voting representative for purposes of casting any ballots with respect to the
Property as part of the Election. The City Manager is authorized to provide
confirmation of identity and take other related actions as necessary to cast the
ballots in the Election and to otherwise participate therein. Such ballots may be
cast as a mailed ballot or as a walk-in election as TUSD, acting on behalf of CFD
No. 15-2, shall determine.
E. The City Manager and City Clerk and when required, the Mayor, are each
authorized and directed to execute and deliver all other documents and to take
those actions necessary to cause or facilitate the authority and directives set out
in this Resolution, provided that such documents are reviewed and approved as
to form by the City Attorney. To the extent this Resolution authorizes an officer
of the City to execute any document or to take any action, that execution or
action may be taken by a person designated by such officer to act in his or her
behalf, but only in the event such officer is absent or otherwise unavailable.
F. This Resolution shall take effect on the day it is adopted.
PASSED AND ADOPTED by the City Council of the City of Tustin at a regular
meeting on the 15th day of September, 2015.
5
CHARLES E. PUCKETT,
Mayor
ATTEST:
/` kp G
ent
JEFFR'y� d. PARKER,
City/Clerk /
Resolution No. 15-70
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STATE OF CALIFORNIA )
ORANGE COUNTY ) SS
CITY OF TUSTIN )
I, Jeffrey C. Parker, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, do hereby certify that the whole number of the members of the City
Council of the City of Tustin is five; that the above and foregoing Resolution No. 15-70
was duly passed and adopted at a regular meeting of the Tustin City Council, held on
the 15th day of September, 2015, by the following vote:
COUNCILPERSONS AYES: Puckett, Gomez, Murray, Bernstein ( n )
COUNCILPERSONS NOES: None ( 0 )
COUNCILPERSONS ABSTAINED: Nielsen ( 1 )
COUNCILPERSONS ABSENT: None ( 0 )
JEFl A' . PARKER,
Cit Clerk
Resolution No. 15-70
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Resolution No. 15-70
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