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HomeMy WebLinkAboutCity of Temecula Reso 05-06 with Certificate of City Clerk $51,250,000 TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) 2006 SPECIAL TAX BONDS CERTIFICATE REGARDING CITY RESOLUTIONS The undersigned hereby states and certifies: (i) that she is the duly elected or appointed, qualified and acting City Clerk of the City of Temecula, a general law city and municipal corporation duly organized and existing under the laws of the State of California (the "City"), and as such, is familiar with the facts herein certified and is authorized to certify the same on behalf of the City; and (ii) that the City Council of the City duly adopted the following resolutions (collectively, the "Resolutions"), which Resolutions have not been amended, modified, supplemented, rescinded or repealed and remain in full force and effect as of the date hereof: (a) Resolution No. 05-05, entitled "A Resolution of the City Council of the City of Temecula Making Findings With Respect to and Approving the Issuance of Bonds by the Temecula Public Financing Authority -Roripaugh Ranch 03-02," adopted January 11, 2005, and (b) Resolution No. 05-06, entitled "A Resolution of the City Council of the City of Temecula Approving Joint Community Facilities Agreements Relating to the Financing of Public Improvements and Implementation of Acquisition Agreement, and Approving Maintenance Agreement for Long Valley Wash Recreational Trails -Roripaugh Ranch," adopted by the City Council of the City on January 11, 2005. Dated: April 27, 2006 CITY OF TEMECULA RESOLUTION NO. 05-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING JOINT COMMUNITY FACILITIES AGREEMENTS RELATING TO THE FINANCING OF PUBLIC IMPROVEMENTS AND IMPLEMENTATION OF ACQUISITION AGREEMENT, AND APPROVING MAINTENANCE AGREEMENT FOR LONG VALLEY WASH RECREATIONAL TRAILS -RORIPAUGH RANCH WHEREAS, the Board of Directors of the Temecula Public Financing Authority (the "Authority") is undertaking proceedings to form the Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), and the Authority intends to issue bonds of the Authority for the CFD (the "Bonds") in order to finance costs of public improvements (the "Improvements") to be constructed within or near the City of Temecula (the "City") and the elimination of a prior fixed assessment lien, as described in the proceedings to form the CFD; and WHEREAS, in order to enable the CFD to finance the Improvements, Section 53316.2 of the California Government Code requires that the City and the Authority enter into a joint community facilities agreement prior to the formation of the CFD with respect to the portion of the Improvements to be owned or operated by the City for the CFD; and WHEREAS, a form of joint community facilities agreement -City, by and between the City and the Authority relating to the Improvements to be owned or operated by the City (the "Joint Community Facilities Agreement -City") has been filed with the City Clerk; and WHEREAS, a form of joint community facilities agreement by and among the City, the Authority, Ashby USA, LLC ("Ashby") and the County of Riverside (the "County") relating to certain street improvements eligible to be funded by the CFD (the "County JCFA"), a form of joint community facilities agreement by and among the City, the Authority, the County, Ashby and the Riverside County Flood Control and Water Conservation District relating to certain flood control facilities eligible to be funded by the CFD (the "Flood Control JCFA," and, together with the County JCFA, and the Joint Community Facilities Agreement -City, being referred to herein collectively as the "Joint Community Facilities Agreements") have been filed with the City Clerk; and WHEREAS, there has been prepared a Maintenance Agreement for Long Valley Wash Recreational Trails among the Homeowner's Association for Roripaugh Ranch, Ashby and the City (the "Maintenance Agreement") relating to obligation to maintain certain land referenced in the Flood Control JCFA; and WHEREAS, the City Council, with the assistance of City staff, has reviewed the Joint Community Facilities Agreements and the Maintenance Agreement, and the City Council now desires to approve the Joint Community Facilities Agreements and the Maintenance Agreement and direct their execution and delivery; and I hereby certify, under the penalty of penury that She above and foregoing is a true and correct copy of an original on deposit within the records of the City of Temecula. In v-csess whereof, I have hereunto set my hand and affixed the seaLpf the City of Temecula >h|s -2^*7 dayof^JYW^Jkaa O L SySrtJTwTSgES, CMC, CityT7 • ^~~ R:/Resos 2005/Resos 05-06 1 ^ ^^ y PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 11th day of January, 2005. ATTEST: Jeff Comerchero, Mayor STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 05-06 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 11th day of January, 2005, by the following roll call vote: AYES: 4 COUNCILMEMBERS: Naggar, Roberts, Washington, Comerchero NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None '. Jones, CMC City Clerk I hereby certify, under the penalty of perjury that the above and foregoing is a true and correct copy of an original on deposit within the records of the City of Ternecuia. !n wii.iess whereof,! have hereunto sei my hand and affixed the seal of the. City of Temecuia this 2-o... day of_0L"«Ce£i_-20 JLfe.. SUSAN W. JONES, CMC,. R.VResos 2005/Resos 05-06