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HomeMy WebLinkAboutCC RES 06-70 RESOLUTION NO. 06-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN AUTHORIZING THE EXECUTION AND DELIVERY OF A JOINT COMMUNITY FACILITIES AGREEMENT WHEREAS, the City Council (the "City Council") of the City of Tustin (the "City") has initiated proceedings under the Mello-Roos Community Facilities Act of 1982 (the "Act") to establish the City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages) (the "Community Facilities District"), to authorize the levy of special taxes (the "Special Taxes") upon the land within the Community Facilities District and to issue bonds (the "Bonds") secured by such Special Taxes; WHEREAS, certain of the proceeds of the Special Taxes and the Bonds are to be used to finance certain public facilities (the "Facilities"); WHEREAS, certain of the Facilities (the "Santa Ana Facilities") are to be owned and operated by the City of Santa Ana (the "Santa Ana"); WHEREAS, all of the Facilities other than the Santa Ana Facilities (the "City Facilities") are to be owned and operated by the City; WHEREAS, Section 53316.2 of the Act provides that a community facilities district may finance facilities to be owned or operated by an entity other than the agency that created the community facilities district only pursuant to a joint community facilities agreement or a joint exercise of powers agreement adopted pursuant to said Section; WHEREAS, Section 53316.2 of the Act further provides that at any time prior to the adoption of the resolution of formation creating a community facilities district or a resolution of change to alter a community facilities district, the legislative bodies of two or more local agencies may enter into a joint community facilities agreement pursuant to said Section and Sections 53316.4 and 53316.6 of the Act to exercise any power authorized by the Act with respect to the community facilities district being created or changed if the legislative body of each entity adopts a resolution declaring that such a joint agreement would be beneficial to the residents of that entity; WHEREAS, subsection (e) of Section 53316.2 of the Act provides that, notwithstanding any other provision of the Act, no local agency which is party to a joint exercise of powers agreement or joint community facilities agreement shall have primary responsibility for formation of a community facilities district unless that agency is one or more of certain specified types of agencies, including an agency that is reasonably expected to have responsibility for providing facilities or services to be financed by a larger share of the proceeds of special taxes and bonds of the community facilities district or districts created pursuant to the joint exercise of powers agreement or the joint community facilities agreement than any other local agency; Resolution No. 06-70 Page 1 of 3 WHEREAS, there has been presented to this meeting a form of Joint Community Facilities Agreement by and between the City and Santa Ana (the "Joint Facilities Agreement") that provides for the financing of the Santa Ana Facilities through the issuance of Bonds by the Community Facilities District; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin as follows: Section 1. The City Council hereby finds and determines that the City Facilities are expected to be financed by a larger share of the proceeds of the Special Taxes and the Bonds than the Santa Ana Facilities. Section 2. The City Council hereby declares that the Joint Facilities Agreement will be beneficial to the residents of the City. Section 3. The Joint Facilities Agreement, in substantially the form submitted to this meeting and made a part hereof as though set forth herein, be and the same is hereby approved. The Mayor of the City, and such other member of the City Council as the Mayor may designate, the City Manager of the City, the Finance Director of the City, and such other officer or employee of the City as the City Manager may designate (the "Authorized Officers") are, and each of them is, hereby authorized and directed, for and in the name of the City, to execute and deliver the Joint Facilities Agreement in the form submitted to this meeting, with such changes, insertions and omissions as the Authorized Officer executing the same may require or approve, such requirement or approval to be conclusively evidenced by the execution of the Joint Facilities Agreement by such Authorized Officer. Section 4. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things which they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof. Section 5. This Resolution shall take effect immediately upon its adoption. APPROVED and ADOPTED by the City Council of the Cit of Tustin on June 5, 2006. Resolution No. 06-70 Page 2 of 3 ATTEST: ~~ PAMELA STOKER, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Pamela Stoker, 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. 06-70 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 5th day of June, 2006 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: DAVERT. HAGEN. AMANTE. BONE. KAWASHIMA (5) (0) (0) (0) NONF NONE }TQ~Tlt JMaOOo~ PA STOKER, City Clerk Resolution No. 06-70 Page 3 of 3