HomeMy WebLinkAbout2022-14 TPFA ResolutionRESOLUTION NO. TPFA 2022-14
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY
DECLARING RESULTS OF SPECIAL ANNEXATION
ELECTION, DETERMINING VALIDITY OF PRIOR
PROCEEDINGS, DIRECTING RECORDING OF
AMENDMENT TO NOTICE OF SPECIAL TAX LIEN AND
APPROVING SECOND AMENDMENT TO ACQUISITION
AGREEMENT
THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING
AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. In proceedings conducted by the Board of Directors of the Temecula Public
Financing Authority (the "Authority") pursuant to the Mello -Roos Community Facilities Act of
1982, as amended (the "Act"), the Board of Directors of the Authority has adopted a Resolution
entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority of
Annexation of Territory to Zone 1 of the Temecula Public Financing Authority Community
Facilities District No. 16-01 (Roripaugh Ranch Phase 2), Authorizing the Levy of a Special Tax
Therein and Submitting Levy of Special Tax to the Qualified Elector" (the "Resolution of
Annexation"), which called for a special election of the sole landowner elector in the territory of
land proposed to be annexed to Zone 1 of the Temecula Public Financing Authority Community
Facilities District No. 16-01 (Roripaugh Ranch Phase 2) (the "CFD").
Section 2. Pursuant to the terms of the Resolution of Annexation, which is by this reference
incorporated herein, the special election has been held and the Secretary has filed a Canvass and
Statement of Result of Election, a copy of which is attached hereto as Exhibit A, and the Board of
Directors of the Authority has reviewed the canvass and hereby approves it.
Section 3. The issue presented at the special election was the levy of a special tax within
the territory annexed to Zone 1 of the CFD, to be levied in accordance with the rate and method
of apportionment of special tax for the CFD heretofore approved by the Board of Directors of the
Authority, all as described in Resolution No. TPFA 2022-12, entitled "A Resolution of the Board
of Directors of the Temecula Public Financing Authority of Intention to Annex Territory to the
Temecula Public Financing Authority Community Facilities District No. 16-01 (Roripaugh Ranch
Phase 2) and to Authorize the Levy of Special Taxes Therein," adopted by the Board of Directors
of the Authority on August 23, 2022.
Section 4. Pursuant to the Canvass on file with the Secretary, the issue presented at the
special election was approved by the sole owner of the territory annexed to the CFD at the special
election.
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Section 5. Pursuant to the voter approval, the annexed territory is hereby declared to be
fully annexed to and part of Zone 1 of the CFD and the Board of Directors of the Authority may
levy special taxes therein as heretofore provided in these proceedings.
Section 6. It is hereby found that all prior proceedings and actions taken by the Board of
Directors of the Authority with respect to the CFD and the territory annexed thereto were valid
and in conformity with the Act.
Section 7. Within 15 days of the date of adoption hereof, the Secretary shall execute and
cause to be recorded in the office of the County Recorder of the County of Riverside, a First
Amendment to Notice of Special Tax Lien, in the form provided by Bond Counsel and otherwise
as required by Section 3117.5 of the California Streets and Highways Code.
Section 8. As a consequence of the annexation of territory to the CFD, and the increase in
the taxing capacity of the CFD, the Authority expects to consider the issuance of additional special
tax bonds for the CFD. The Second Amendment to Acquisition Agreement (the "Second
Amendment") related to the use of proceeds of special tax bonds that may be issued by the
Authority for the CFD to acquire certain of the facilities authorized to be funded by the CFD,
between the Authority and Woodside 05S, LP, in the form presented to the Board of Directors at
this meeting, is hereby approved. The Executive Director is hereby authorized, for the Authority
on behalf of the CFD, to execute and deliver the Second Amendment in said form, with such
additions thereto or changes therein as are deemed necessary, desirable or appropriate by the
Executive Director upon consultation with the Authority's General Counsel and Bond Counsel,
the approval of such changes to be conclusively evidenced by the execution and delivery by the
Executive Director of the Second Amendment. It is expressly acknowledged that the approval of
the Second Amendment does not obligate the Authority to issue any additional special tax bonds
for the CFD.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula
Public Financing Authority this 27ffi day of September, 2022.
Matt Rahn, Chair
ATTEST:
Randi Johl, ecretary
[SEAL]
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 2022-14 was duly and regularly adopted by the Board of
Directors of the Temecula Public Financing Authority at a meeting thereof held on the 271h day of
September, 2022 by the following vote:
AYES: 5 BOARD MEMBERS: Alexander, Edwards, Rahn, Schwank,
Stewart
NOES: 0 BOARD MEMBERS: None
ABSTAIN: 0 BOARD MEMBERS: None
ABSENT: 0 BOARD MEMBERS: None
Randi Johl, Secretary
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EXHIBIT A
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 16-01
(RORIPAUGH RANCH PHASE 2)
ANNEXATION ELECTION
CANVASS AND STATEMENT OF RESULT OF ELECTION
I hereby certify that on this date, I canvassed the returns of the election held on this date in
the territory annexed to the Temecula Public Financing Authority Community Facilities District
No. 16-01 (Roripaugh Ranch Phase 2) which election is designated as the Annexation Election,
and the total number of ballots cast in the territory to be annexed and the total number of votes
cast for and against the measure are as follows and the totals as shown for and against the measure
are full, true and correct:
Qualified
Landowner Votes
Votes Cast YES NO
Temecula Public Financing Authority
Community Facilities District No. 16-01
Annexation Election,
September 27, 2022. 32 32
BALLOT MEASURE: Shall the Temecula Public Financing Authority, by and for the Temecula
Public Financing Authority Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2)
(the "District"), be authorized to levy special taxes within the territory being annexed to Zone 1 of
the District pursuant to and as described in Resolution No. TPFA 2022-12 adopted by the Board
of Directors of the Temecula Public Financing Authority on August 23, 2022?
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 27th day of
September, 2022.
TEMECULA PUBLIC FINANCING
AUTHORITY
di Johl, Secretary
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