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HomeMy WebLinkAbout19-02 TPFA Resolution RESOLUTION NO. TPFA 19-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY CALLING SPECIAL ELECTION WITHIN COMMUNITY FACILITIES DISTRICT NO. 19-01 (MUNICIPAL SERVICES) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. On this date, this Board of Directors adopted a resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority of Formation of Temecula Public Financing Authority Community Facilities District No. 19-01 (Municipal Services), Authorizing the Levy of a Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for the District, Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors of the District, and Providing for the Future Annexation of Property to the District" (the "Resolution of Formation"), ordering the formation of the Temecula Public Financing Authority Community Facilities District No. 19-01 (Municipal Services) (the "District"), authorizing the levy of a special tax on property within the District, preliminarily establishing an appropriations limit for the District and providing for the future annexation of territory to the District. Section 2. Pursuant to the provisions of said resolution, the proposition of the levy of said special tax and the establishment of the appropriations limit is to be submitted to the qualified electors of the District as required by the Mello-Roos Community Facilities Act of 1982, California Government Code Section 53311 et seq. (the "Law"). Section 3. Pursuant to Sections 53325.7 and 53326 of the Law, the issues of the levy of said special tax and the establishment of said appropriations limit shall be submitted to the qualified electors of the District at an election called therefor as provided below. Section 4. As authorized by Section 53353.5 of the Law, the two propositions described in Section 2 above shall be combined into a single ballot measure, the form of which is attached hereto as Exhibit A and by this reference incorporated herein. The form of ballot is hereby approved. Section 5. This Board of Directors hereby finds that fewer than 12 persons have been registered to vote within the territory of the District for each of the ninety (90) days preceding the close of the public hearings heretofore conducted and concluded by this Board of Directors for the purposes of these proceedings. Accordingly, and pursuant to Section 53326(b) of the Law, this Board of Directors finds that for purposes of these proceedings the sole qualified elector of the District is the only owner of land within the District and that the vote shall be by said landowner or its authorized representative, having one vote for each acre or portion thereof such landowner owns in the District as of the close of the public hearing. TPFA Resos 19-02 1 Section 6. This Board of Directors hereby calls a special election to consider the measure described in Section 4 above, which election shall be held immediately following adoption of this Resolution in the meeting place of this Board of Directors. The Secretary is hereby designated as the official to conduct said election. It is hereby acknowledged that the Secretary has on file the Resolution of Formation, a map of the proposed boundaries of the District and a sufficient description to allow the Secretary to determine the boundaries of the District. The voted ballot shall be returned to the Secretary no later than immediately following the adoption of this Resolution; and when the qualified voter has voted, the election shall be closed. Section 7. Pursuant to Section 53327 of the Law, the election shall be conducted by mail or hand delivered ballot pursuant to applicable provisions of the California Elections Code. Section 8. This Board of Directors acknowledges that the Secretary verified delivery of ballot to the qualified elector of the District in the form set forth in Exhibit A hereto. The ballot indicated the number of votes to be voted by the landowner. The ballot was accompanied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return the ballot was enclosed with the ballot, had the return postage prepaid, and contained the following: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the Secretary. Analysis and arguments with respect to the ballot measure was waived by the landowner on its voted ballot, as permitted by Section 53327(b) of the Law. Section 9. The Secretary shall accept the ballot of the qualified elector upon and prior to the adoption of this Resolution, whether the ballot be personally delivered or received by mail. The Secretary shall have an available ballot which may be marked in the Board of Directors meeting room on the election day by the qualified elector. Section 10. This Board of Directors hereby further finds that the provision of the Law requiring a minimum of 90 days following the adoption of the Resolution of Formation to elapse before said special election is for the protection of the qualified elector of the District. The petition previously submitted by the landowner of the District and the voted ballot of the qualified elector of the District contained an acknowledgment of a waiver of any time limit pertaining to the conduct of the election and of a waiver of any requirement for analysis and arguments in connection with the election. Accordingly, this Board of Directors finds and determines that the qualified elector has been fully apprised of and has agreed to the shortened time for the election and waiver of analysis and arguments, TPFA Resos 19-02 2 and has thereby been fully protected in these proceedings. This Board of Directors also finds and determines that the Secretary has concurred in the shortened time for the election. Section 11. Pursuant to the Local Agency Special Tax and Bond Accountability Act, Sections 50075.1 et. seq. of the California Government Code, the ballot measure referred to in Sections 4 and 6 above contains a statement indicating the specific purposes of the special tax, the proceeds of the special tax will be applied only to the purposes specified in the ballot measure, there shall be created by the Treasurer an account into which proceeds of the special tax levies will be deposited (which need not be a separate bank account, but which may be a separate general ledger account so long as such proceeds can be separately accounted for), and the Treasurer is hereby directed to provide an annual report to the Board as required by Section 50075.3 of the California Government Code. Section 12. The Secretary is hereby directed to cause to be published in a newspaper of general circulation circulating within the District a copy of this Resolution as soon as practicable after the date of adoption of this Resolution. Section 13. This Resolution shall take effect upon its adoption. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 8th day of January, 2019. IA/L"/ --- 7�. "&f\iiichael S. Naggar, Chair ATTEST: Randi o , Secretary [SEAL] TPFA Resos 19-02 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 19-02 was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 8th day of January, 2019, by the following vote: AYES: 5 BOARD MEMBERS: Edwards, Rahn, Schwank, Stewart, Naggar NOES: 0 BOARD MEMBERS: None ABSTAIN: 0 BOARD MEMBERS: None ABSENT: 0 BOARD MEMBERS: None Randi Johl, Secretary TPFA Resos 19-02 4 EXHIBIT A TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 19-01 (MUNICIPAL SERVICES) OFFICIAL BALLOT Special Tax Election (January 8, 2019) This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the Secretary of the Temecula Public Financing Authority no later than immediately after adoption of the resolution of the Board of Directors calling said election, either by mail or in person. To vote, mark a cross (X) on the voting line after the word "YES" or after the word "NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the Secretary of the Temecula Public Financing Authority and obtain another. BALLOT MEASURE: Shall a special tax payable solely from lands within the Temecula Public Financing Authority Community Facilities District No. 19-01 (Municipal Services) (the "District") be levied annually upon lands within the District to be applied to the payment of the costs of municipal services eligible to be funded by the District and to pay the costs of the Authority and the City of Temecula in administering the District, and shall the Yes: annual appropriations limit of the District be established in the initial amount of$5,000,000? No: By execution in the space provided below, you also indicate your waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b) of the California Government Code. Riverside County Number of Votes: 22 Assessor's Parcel Nos. of Property Owner: Tri Pointe Homes, Inc. Land Owned in the District: 961-450-012-6 and 961- 450-013-7 By: Christian D. Larsen, Assistant Secretary A-1