HomeMy WebLinkAbout2024-08 TPFA Resolution RESOLUTION NO. TPFA 2024-08
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY CALLING
SPECIAL ELECTION WITHIN COMMUNITY FACILITIES
DISTRICT NO. 23-02 (PRADO)
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. 23-02 (Prado), Authorizing the
Levy of a Special Tax Within the District,and Preliminarily Establishing an Appropriations Limit
for the District" (the "Resolution of Formation"), ordering the formation of the Temecula Public
Financing Authority Community Facilities District No. 23-02(Prado)(the"District"), authorizing
the levy of a special tax on property within the District and preliminarily establishing an
appropriations limit for the District.
Section 2. On this date, this Board of Directors also adopted a resolution entitled "A
Resolution of the Board of Directors of the Temecula Public Financing Authority Determining the
Necessity to Incur Bonded Indebtedness of the Temecula Public Financing Authority Community
Facilities District No. 23-02 (Prado)" (the "Resolution to Incur Indebtedness"), determining the
necessity to incur bonded indebtedness in the maximum aggregate principal amount of
$20,000,000 upon the security of the special tax to be levied within the District.
Section 3. Pursuant to Sections 53325.7, 53326 and 53351 of the California Government
Code (the "Law"), the issues of the levy of said special tax, the incurring of bonded indebtedness
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. The three propositions described in Section 3 above shall be separate ballot
measures included on a single ballot,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 is the
owner of all of the 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 hearings.
Section 6. This Board of Directors hereby calls a special election to consider the three
ballot measures described in Section 4 above, which election shall be held immediately following
adoption of this Resolution in the meeting place of the Board of Directors of the Temecula Public
Financing Authority (the "Authority"). 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.
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. The
voted ballot shall be returned to the Secretary no later than immediately following the adoption of
this Resolution; and when the qualified elector has voted,the election shall be closed.
Section 8. This Board of Directors acknowledges that the Secretary has delivered the ballot
to the sole 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 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 measures were waived by the landowner
in its petition to the Authority to create the District and are expected to be waived by the landowner
in 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 available a 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 in the District and the voted ballot of the sole qualified
elector of the District contain waivers of notices of hearings and notices of election,waiting periods
for the election, ballot analysis and arguments in connection with the election, and any otherwise
required form of the ballot. 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, 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. and Sections 53410 et. seq. of the California Government Code, (a) (i)
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the ballot measure pertaining to the levy of special taxes referred to in Sections 3 and 4 above
contains a statement indicating the specific purposes of the special tax, (ii) the proceeds of the
special tax shall be applied only to the purposes specified in the ballot measure, (iii)there shall be
created by the Treasurer an account into which proceeds of the special tax levies will be deposited,
and (iv) the Treasurer is hereby directed to provide an annual report to this Board of Directors as
required by Section 50075.3 of the California Government Code; and (b) (i) the ballot measure
pertaining to the incurring of bonded indebtedness contains a statement indicating the specific
purposes of the bonds,(ii)the proceeds of the bonds shall be applied only to the purposes specified
in the ballot measure, (iii) there shall be created by the Treasurer an account into which the
proceeds of the bonds will be deposited, and (iv) the Treasurer is hereby directed to provide an
annual report to this Board of Directors as required by Section 53411 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 and a copy of the
Resolution to Incur Indebtedness, 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 27th day of February, 2024.
(91-6"161----
James Stewart, Chair
ATTESTS
Ran , ecretary
[SEAL]
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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 2024-08 was duly and regularly adopted by the Board
of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 27th
day of February, 2024, by the following vote:
AYES: 4 BOARD MEMBERS: Alexander, Kalfus, 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. 23-02
(PRADO)
OFFICIAL BALLOT
Special Tax and Bond Election
(February 27, 2024)
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 A: Shall the Temecula Public Financing Authority
Community Facilities District No. 23-02 (Prado), in order to finance facilities,
services, special tax prepayment, and administrative expenses, be authorized to Yes: ❑
levy Special Tax A, Special Tax B and Special Tax C at rates from $3,740 —
$4,220 per dwelling unit and $83,890 per acre increasing 2% each fiscal year No: ❑
through fiscal year 2065-66, plus initially $420 per unit and $8,904 per acre
increasing in transition year and at 5.6% each fiscal year in perpetuity, as
specified in Resolution TPFA 2024-06 adopted February 27, 2024?
BALLOT MEASURE B: Shall the Temecula Public Financing Authority
Community Facilities District No. 23-02 (Prado), in order to finance certain Yes: ❑
facilities, prepayment of special taxes, fund a reserve fund and pay costs of
issuance, be authorized to incur bonded indebtedness in a maximum amount of No: ❑
not to exceed $20,000,000 as specified in Resolution TPFA 2024-07 adopted
February 27, 2024?
BALLOT MEASURE C: Shall the annual appropriations limit, as defined by
subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the Yes: ❑
Temecula Public Financing Authority Community Facilities District No. 23-02
(Prado) be established at $20,000,000, as specified in Resolution TPFA 2024- No: ❑
06 adopted February 27, 2024?
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
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measures, as such waivers are described and permitted by Section 53326(a)and 53327(b)of the California
Government Code.
Number of Votes for
each Ballot Measure: 29
Property Owner: Meritage Homes of California, Inc., a
California corporation
By:
Its:
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