HomeMy WebLinkAboutCC RES 07-64RESOLUTION NO. 07-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN AUTHORIZING THE EXECUTION AND DELIVERY
OF AN ACQUISITION AND FUNDING 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 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 secured by such Special Taxes;
WHEREAS, the Community Facilities District is authorized under the Act to levy
Special Taxes to pay for the costs of certain public facilities (the "Facilities");
WHEREAS, Section 53313.5 of the Act provides that a community facilities
district may only finance the purchase of facilities whose construction has been
completed, as determined by the legislative body, before the resolution of formation to
establish the community facilities district is adopted pursuant to Section 53325.1 of the
Act, except that a community facilities district may finance the purchase of facilities
completed after the adoption of the resolution of formation if the facility was constructed
as if it had been constructed under the direction and supervision, or under the authority
of, the local agency establishing the community facilities district; and
WHEREAS, Moffett Meadows Partners LLC (the "Landowner") has constructed
certain of the Facilities to be owned and operated by the City proposed to be financed
by the Community Facilities District pursuant to the Act, and the Community Facilities
District proposes to purchase such Facilities from the Landowner pursuant to an
Acquisition and Funding Agreement and there has been presented to this meeting a
form of Acquisition and Funding Agreement by and among the City, the Community
Facilities District, the Landowner and Lennar Homes of California, Inc. (the "Acquisition
Agreement");
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of T"ustin
as follows:
Section 1. The Acquisition 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 Acquisition Agreement in the form
submitted to this meeting, with such changes, insertions and omissions as the
Resolution No. 07-64
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Authorized Officer executing the same may require or approve, such requirement or
approval to be conclusively evidenced by the execution of the Acquisition Agreement by
such Authorized Officer.
Section 2. 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 3. This Resolution shall take effect immediately upon its adoption.
APPROVED and ADOPTED by the City Council of the City of Tustin on August
7, 2007.
PAMELA STOKER,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
LOU BONE,
Mayor
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. 07-64 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 7th day of
August, 2007, by the following vote:
COUNCILMEMBER AYES: BONE, AMANTE, DAVERT, KAWASHIMA (4)
COUNCILMEMBER NOES: NONE (0)
COUNCILMEMBER ABSTAINED: NONE 0
COUNCILMEMBER ABSENT: PALMER (1)
PAMELA STOKER
City Clerk
Resolution No. 07-64
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