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HomeMy WebLinkAboutResolution No. 05-C1100 RESOLUTION NO. 05-C 110 0 RESOLUTION OF THE CITY COUNCIL OF CITY OF AZUSA APPROVING JOINT COMMUNITY FACILITIES AGREEMENTS WITH PASADENA METRO BLUE LINE CONSTRUCTION AUTHORITY AND AZUSA UNIFIED SCHOOL DISTRICT (COMMUNITY FACILITIES DISTRICT NO. 2005-1 (ROSEDALE) WHEREAS, the City Council (the "City Council") of the City of Azusa (the "City") has been presented with two joint community facilities agreements, one between the City and the Pasadena Metro Blue Line Construction Authority ("Authority") and the other between the City and the Azusa Unified School District (the "School District'), relating to the City of Azusa Community Facilities District No. 2005-1, the formation of which is being contemplated pursuant to Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello -Roos Community Facilities Act of 1982," for the purpose, among others, of financing through the sale of bonds the design, construction and acquisition of certain transportation and school facilities which are necessary to meet increased demands placed upon the City, Pasadena Metro Blue Line Construction Authority (the "Authority") and the Azusa Unified School District (the "School District') as a result of the development of real property located within the proposed boundaries of the Community Facilities District; and WHEREAS, pursuant to Sections 53316.2 through 53316.6 of the California Government Code, a community facilities district may finance facilities to be owned or operated by an entity other than the agency that created the district pursuant to a joint community facilities agreement 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; and WHEREAS, pursuant to said Section 53316.2, the City may have primary responsibility for the formation of a community facilities district pursuant to such a joint community facilities agreement; and WHEREAS, there has been presented to the City Council forms of joint community facilities agreements to be entered into by the City and the Authority and the City and the School District; and WHEREAS, the City Council has determined that the proposed joint community facilities agreements will be beneficial to the residents of the City and the Community Facilities District; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF CITY OF AZUSA AS FOLLOWS: Section 1. The City Council determines that the joint community facilities agreements entitled "Joint Community Facilities Agreement (Los Angeles to Pasadena Metro Blue Line Construction Authority)" and the "Joint Community Facilities Agreement by and among City of Azusa, Azusa Unified School District and Azusa Land Partners, LLC dated as of 0 E June 1, 2005 relating to City of Azusa Community Facilities District No. 2005-1 (Rosedale)" (each individually an "Agreement' and collectively the "Agreements") will be beneficial to the residents of the City and the Community Facilities District. Section 2. The Agreements are approved in the form submitted to the City Council at the meeting at which this resolution is adopted and the City Manager, or his designee, is authorized to execute and deliver the Agreements on behalf of the City. The City Manager is further authorized to consent to such modifications of the Agreements as are determined by bond counsel to the City to be necessary to comply with provisions of the Mello -Roos Community Facilities Act of 1982 and which do not affect the net amount of the proceeds of the sale of the bonds of the Community Facilities District which will be received by the City for financing the design, construction and acquisition of transportation and school facilities or which are not otherwise material. Section 3. The Clerk of the City Council shall deliver an executed copy of the applicable Agreement to the Authority and School District. ADOPTED this 19th day of December, 2005 Mayor of the City of Azusa alifornia I, Vera Mendoza, City Clerk of the City of Azusa, California, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof held on the 19`s day of December, 2005, by the following vote of the City Council: ' AYES: HARDISON, CARRILLO, ROCHA, HANKS, C14AGNON NOES: NONE ABSENT: NONE ABSTAINED: NONE IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Azusa, California this 19th day of December, 2005 City Clerk of the City of Azusa, California -2-