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RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FONTANA AUTHORIZING THE EXECUTION AND
DELIVERY OF A JOINT COMMUNITY FACILITIES
AGREEMENT
WHEREAS, City of Fontana Community Facilities District No. 112 (The Gardens Phase One) (the “Community Facilities District”) has been established under the provisions of the Mello- Roos Community Facilities Act of 1982 (the “Act”);
WHEREAS, the Community Facilities District is authorized to levy a special tax (the “Special Tax”) upon the land within the Community Facilities District and to issue bonds (the “Bonds”) secured by the Special Tax, the proceeds of which are to be used to finance certain public facilities;
WHEREAS, the public fac ilities proposed to be financed by the Community Facilities District include certain facilities (the “City Facilities”) to be owned and operated by the City and certain facilities (the “ Water District Facilities”) to be owned and operated by the West Valley Water District (the “Water District”);
WHEREAS, Section 53316.2 of the Act provides that a community facilities district may finance facilities to be owned or operated by a public agency 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 fo rmation creating a community facilities district or a resolution of change to alter a district, or a resolution or resolutions authorizing issuance of bonds pursuant to Section 53356 of the Act, the legislative bodies of two or more local agencies may ente r 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 if the legislative body of each e ntity adopts a resolution declaring that such a joint agreement would be beneficial to the residents of that entity; WHEREAS, no resolution authorizing the issuance of any Bonds has been adopted; WHEREAS, there has been presented to this meeting a form of Joint Community Facilities Agreement by and among the City, the Community Facilities District and the Water District that provides for the financing of the Water District Facilities from the proceeds of the Special Tax and Bonds (such Joint Community Fa cilities Agreement, in the form that presented to this meeting, with such changes, insertions and omissions as are made pursuant to this Resolution, being referred to herein as the “Joint Facilities Agreement”); and
WHEREAS, the City Council is the legislative body of the Community Facilities District; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana as follows:
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Section 1. The City Council hereby declares that the Joint Facilities Agreement will be beneficial to the residents of the City.
Section 2. 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.
Each of the Mayor of the City, and such other member of the City Council as the Mayor may designate, the City Manager of the City and the Chief Financial Officer, Management Services, of the City, and such other officer or employee of the City as the City Manager may designate (the “Authorized Officers”) is hereby authorized, and any one of the Authorized Officers is hereby 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 Agree ment by such Authorized Officer.
Each of the Authorized Officers is hereby authorized, and any one of the Authorized Officers is hereby directed, for and in the name of the Community Facilities District, 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 3. All actions heretofore taken by the officers, employees and agents of the City with respect to the Joint Facilities Agreement, or in connection with or related to any of the matters referred to herein, are hereby approved, confirmed and ratified.
Section 4. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things that 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 City of Fontana on _____________, 2023.
READ AND APPROVED AS TO LEGAL FORM:
City Attorney
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I, Germaine Key, City Clerk of the City of Fontana, California, and Ex -Officio Clerk of the City Council, do hereby certify that the foregoing Resolution is the actual Resolution duly and regularly adopted by the City Council of said City at a regular meeting thereof, he ld on ____________, 2023, by the following vote to-wit:
AYES:
NOES:
ABSENT:
City Clerk
Mayor
ATTEST:
City Clerk