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RES-7889 Initiating Proceedings and Employing Consultants Related to Community Facilities District No. 91-2RESOLUTION NO. 7889 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE DIRECTING INITIATION OF PROCEEDINGS UNDER THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 AND EMPLOYING CONSULTANTS IN CONNECTION THEREWITH.Community Facilities District No. 91-2 Serrano Heiqhts Public Improvements)WHEREAS, the City Council of the City of Orange (the city") is empowered to establish a community facilities district (the "District") under the Mello-Roos community Facilities Act of 1982, as amended ( the "Act"): and WHEREAS, Woodcrest Development, Inc., has submitted a Petition (Including Waiver) (The "Petition") to this City Council requesting that the city establish a community facilities district encompassing certain land within the City known as the Serrano Heights development: and WHEREAS, under the Act, this City Council will act as the legislative body for any community facilities district established by the City: and WHEREAS, this city Council has reviewed the Petition and now desires to proceed with the establishment of a community facilities district (the "District"), in order to finance improvements necessitated by development within the proposed boundaries of the District.NOW, THEREFORE, BE IT RESOLVED by the city Council of the city of Orange as follows:Section I. The staff of the city is hereby authorized and directed to take all actions necessary to present to this City Council all proceedings necessary to establish the District and issue bonds of the City for the District.Notwithstanding, the City shall not be obligated to form the District by reason of the adoption of this Resolution, and may at any time in its sole discretion abandon proceedings to form the District and issue bonds therefor. In no event shall the City incur any liability with respect to the payment of any bonds issued by the City for the District.Section II. Stone & Youngberg is hereby designated as underwriter to the City and David Taussig and Associates,Inc., is hereby designated as special tax consultant to the City, each in connection with the establishment of the District and the issuance of special tax bonds of the city for the District. The Mayor is hereby authorized to execute and deliver agreements with said firms for their services in connection with the District in the forms on file with section III. The law firm of Jones Hall Hill & White, A professional Law Corporation, is hereby designated as bond counsel to the City in connection with the formation of the District and the special tax bonds expected to be issued by the City for the District. The Mayor is hereby authorized to execute and deliver an agreement with said firm for its services in connection with the District and said bonds, in the form on file with the City Manager. section IV. The Director of Finance is hereby authorized and directed to accept and expend the proceeds of the deposit made by Woodcrest Development, Inc., in conjunction with the filing of the Petition. The Director of Finance is hereby authorized and directed to make demands upon Woodcrest Development, Inc., for additional funds as needed to pay the costs of formation of the District and as contemplated by the Petition and to so expend such funds, with the purpose and intent that the City not incur any direct costs in connection with the formation of the District payable other than by Woodcrest Development, Inc., from advances under the petition or from the proceeds of bonds to be issued for the District. section V. The firm of Gary L. Vogt & Associates is hereby designated to act as appraiser in connection with the valuation of land within the District for use in connection with the sale of bonds for the District. The Director of Public Works is hereby authorized to negotiate an agreement with said appraiser. The Mayor is hereby authorized to execute and deliver an agreement in form approved by the Director of Public Works and the city Attorney. The fees of the said appraiser shall be paid solely from advances made by Woodcrest Development, Inc., under the Petition or the proceeds of bonds issued for the District. section VI. This resolution shall take effect immediately upon its adoption. ADOPTED this 15th day of October 1991. ATTEST: e fJ?L/t~ ~ ()P4fb4J City Cler of t 1fty of Orange Reso No. 7889 2- I hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 15th day of October , 1991, by the following vote: AYES: NOES: ABSENT: dg COUNCIL MEMBERS: STEINER, BARRERA, MAYOR BEYER, COONTZ, SPURGEON COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE Ci~h~ig~ge 3-Reso No. 7889