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HomeMy WebLinkAbout96-06 FA Resolution RESOLUTION NO. FA 96-06 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY CALLING SPECIAL ELECTION WHEREAS, on this date, this Board of Directors of the Old Town/Westside Community Facilities District Financing Authority (the "Authority") adopted a resolution entitled 'A Resolution of the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority of Formation of Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. I (Old Town Area Public Improvements), Authorizing the Levy of a Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for the District and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors of the District' (the 'Resolution of Formation"), ordering the formation of Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. I (Old Town Area Public Improvements) (the 'District"), authorizing the levy of a special tax on property within the District and preliminarily establishing an appropriations limit for the District; WHEREAS, on this date, this Board of Directors also adopted a resolution entitled 'A Resolution of the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority Determining the necessity to Incur Bonded 'Indebtedness Within the Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. I (Old Town Area Public Improvements) and Submitting Proposition to the Qualified Electors of the District" (the 'Resolution to Incur Indebtedness), determining the necessity to incur bonded indebtedness in the maximum aggregate principal amount of $27,500,000 upon the security of said special tax to be levied within the District; and VMEREAS, pursuant to the provisions of said resolutions, the propositions of the levy of said special tax the establishment of the appropriations limit and the incurring of the bonded indebtedness shall be submitted to the qualified electors of the District as required by the Mello- Roos Community Facilities Act of 1982, as amended (the 'Act'). NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority as follows: 1 . Pursuant to Sections 53326, 53351 and 53325.7 of the Act, 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. Resos.FA/96-06 2. As authorized by Section 53353.5 of the Act, the three propositions described in paragraph 1 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. Said form of ballot is hereby approved. 3. 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 of the Act, this Board of Directors finds that for purposes of these proceedings the qualified electors are the landowners within the District and that the vote shall be by said landowners or their authorized representatives, each having one vote for each acre or portion thereof such landowner owns in the District as of the close of said public hearings. 4. This Board of Directors hereby calls a special election to consider the measures described in paragraph 2 above, which election shall be held in the meeting room of this Board of Directors immediately following adoption of this Resolution. The Secretary of the Authority 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 certified third amended boundary 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 ballots shall be returned to the Secretary prior to or immediately following the adoption of this Resolution; and when all of the qualified voters have voted the election shall be closed. 5. Pursuant to Section 53327 of the Act, the election shall be conducted by mail or hand-delivered ballot pursuant to Section 4000 of the California Elections Code. This Board of Directors hereby finds that paragraph (a), (b), C' (1) and 10 (3) of said Section 4000 are applicable to this special election. 6. This Board of Directors acknowledges that the Secretary has caused to be delivered to each of the qualified electors of the District a ballot in the form set forth in Exhibit 'A' hereto. Each ballot indicates the number of votes to be voted by the respective landowner to which it pertains. Each 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 pe@ury, 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 described in clause (b) above, and (e) a notice Resos.FA/96-06 2 that the envelope contains an official ballot and is to be opened only by the canvassing board. Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Act, by reason of the waiver set forth in each of the voted ballots and as otherwise permitted by the Act. 7.The Secretary shall accept the ballots of the qualified electors in the meeting room of this Boardof Directors upon and prior to the adoption of this Resolution, whether said ballots be personallydelivered or received by mail. The Secretary shall have available at said location ballots which may be marked on the election day by said qualified electors. 8. This Board of Directors hereby further finds that the provisions of Section 53326 of the Act 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 electors of the District. The voted ballots of the landowners within the District contain a waiver of the time limit pe@g to the conduct of the election, and any requirement for analysis and arguments for the ballot measure. Accordingly, this Board of Directors finds and determines that said qualified electors have been fully apprised of and have agreed to the shortened time for the election and have 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. 9. The Secretary is hereby directed to publish in a newspaper of general circulation circulating within the area of 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. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority at a regular meeting held on the 23rd day of April, 1996. Patricia H. Birdsall, Chairperson ATMT: Ju". -dreek, CMC Authority Secf-etary/City Clerk Resos.FA/96-06 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ss CITY OF TEMECULA I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. FA 96-06 was duly adopted at a regular meeting of the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority on the 23rd day of April, by the following roll call vote: AYES: 4 BOARD MEMBERS: Birdsall, Ford, Roberts, Lindemans NOES: 0 BOARD MEMBERS: None ABSENT: 0 BOARD MEMBERS: None ABSTAINED: 1 BOARD MEMBERS: Stone June -. Greek, Cmc Authority Secretary/City Clerk Resos.FA/96-06 4 EXHIBIT A OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY Community Facilities District No. 1 (Old Town Area Public Improvements) OFFICIAL BALLOT SPECIAL TAX ELECTION This ballot is for a special, landowner election. You must return this ballot, sealed in the accompanying postage paid envelopoe to the City Clerk of the City of Temecula, acting as the Secretary of the Old Town/Westside Community Facilities District Financing Authority. Please return the executed ballot sealed in the accompanying envelope to the City Clerk as soon as possible, but in any event so that it is received by the City Clerk by April 23, 1996. You may mail the executed return envelope with the ballot sealed inside, or hand deliver it to the City Clerk. The City Clerk's office is located at 43174 Business Park Drive, Temecula, California 92590. To vote, mark a cross (X) on the voting line after the word "YES", the word "NO" or after the word "ABSTAIN". 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 City Clerk and obtain another. BALLOT MEASURE: Shall the Old Town/Westside Community Facilities District Financing Authority incur an indebtedness and issue bonds in one or more series in the maximum aggregate principal amount of $27,500,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of the sale of such bonds on behalf of the Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements) (the "District"), the proceeds of which will be used to finance certain public improvements; shall a special tax payable solely from lands within the District be levied annually upon lands within the District to pay for the public improvements, the principal and interest upon such bonds and the costs of the Authority, the City of Temecula and the District in administering the District, and shall the annual appropriations limit of the District be established in the amount of $27,500,000? YES: NO: ABSTAIN: By the execution in the space provided below, you also indicate your waiver of'any 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. R:iNORTONLMGENDA$1RESOSISPECELEC. RES