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HomeMy WebLinkAbout96-08 FA Resolution RESOLUTION NO. FA 96-08 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN/WESTSB)E COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY OF INTENTION TO ANNEX TERRITORY TO CO TY FACILITIES DISTRICT NO. 1 AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN "EREAS, this Board of Directors of the Old Town/Westside Community Facilities District Financing Authority (the 'Authority") has conducted proceedings to establish the Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. I (Old Town Area Public Improvements) (the 'District') pursuant to the Mello- Roos Community Facilities Act of 1982, as amended (the 'Act"); and VMEREAS, under the Act, this Board of Directors is the legislative body for the District and is empowered with the authority to annex territory to the District, and now desires to undertake proceedings to annex territory to the District. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority as follows: 1 . The Board of Directors hereby finds and determines that public convenience and necessity require that territory be added to the District. 2. The name of the existing District is 'Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements).' 3. The territory included in the existing District is as shown on the third amended boundary map thereof recorded on May 2, 1996 in Book 41 of Maps of Assessment and Community Facilities Districts at Page 30, in the office of the County Recorder, County of Riverside, State of California, to which map reference is hereby made. The territory now proposed to be annexed to the District is as shown on the map of the proposed boundaries of Annexation No. I to the District, on file with the Secretary, the boundaries of which territory are hereby preliminarily approved and to which map reference is hereby made for further particulars. The Secretary is hereby directed to record, or cause to be recorded, said map of the proposed boundaries of Annexation No. 1 to the District, showing the territory to be annexed to the District, in the office of the County Recorder of the County of Riverside within fifteen days of the date of adopting of this Resolution. 4. The types of public facilities to be financed by the District and pursuant to the Act consist of those facilities (the "Facilities") described in Exhibit A to Resolution No. 95-02 Resos.Fa\96-08 of the Authority, adopted on September 12, 1995. It is presently intended that the Facilities will be shared, without preference or priority, by the existing territory in the District and the territory proposed to be annexed to the District. 5. Except to the extent that funds are otherwise available to the District to pay for the Facilities, the principal and interest as it becomes due on bonds of the District issued to finance the Facilities and/or costs of the Authority, the District and the City of Temecula to administer the District and such bonds, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt property and/or interest in the existing territory in the District and the territory proposed to be annexed to the District, will be levied annually within the District and such territory to be annexed to the district, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this Board of Directors may direct, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the parcels of real property and the interests therein within the District, as now in existence and following the annexation proposed herein, in sufficient detail to allow each landowner within the territory proposed to be annexed to the District to estimate the probable maximum amount such owner will have to pay, are described in Exhibit A attached to Resolution no. FA 96-04 of the Authority 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. 1 (Old Town Are 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 Establishment of the Appropriations Limit to the Qualified Electors of the District,' adopted on April 23, 1996, which Exhibit is by this reference incorporated herein. 6. Tuesday, July 9, 1996, at 7:00 p.m., in the regular meeting place of this Board of Directors in the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California, be, and the same are hereby appointed and fixed as the time and place when and where is Board of Directors, as legislative body for the District will conduct a public hearing on the annexation of territory to the District and consider and finally determine whether the public interest, convenience and necessity require said annexation of territory to the District and the levy of said special tax therein. 7. The Secretary is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation in the area of the District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form attached hereto as Exhibit A. Resos.Fa\96-08 2 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 28th day of May, 1996. Patricia H. Birdsall, Chairperson ATI'EST: J@"'reek, CMC City Clerk/Secretary 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. FA96-08 was duly adopted at a regular meeting of the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority on the 28th day of May, 1996, by the following roll call vote: AYES: 3 BOARD MEMBERS: Birdsall, Ford, Roberts NOES: 0 BOARD MEMBERS: None ABSENT: 1 BOARD MEMBERS: Lindemans ABSTAINED: 1 BOARD MEMBERS: Stone June S. Gree@, CMC City Clerk/Secre@ Resos.Fa\96-08 3 EXHIBIT A NOTICE OF HEARING Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements) Annexation No. 1 Notice is hereby given by the Board of Directors (the 'Board') of the Old Town/Westside Community Facilities District Financing Authority (the 'Authority') with respect to its Old/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements) (the 'District") that on May 28@ 1996, the Board, as the legislative body for the District, adopted a resolution entitled 'A Resolution of the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority of Intention to Annex Territory to Community Facilities District No. 1 and to Authorize the Levy of Special Taxes Therein' (the 'Resolution of Intention"). Reference, is hereby made to the Resolution of Intention, on file with the Secretary of the Authority, for further particulars. The following is a summary of the provisions of the Resolution of Intention. Pursuant to the Resolution of Intention, the Board determined that the public convenience and necessity require that certain territory, as more particularly described in the Resolution of Intention, be annexed to the existing District, all as provided in the Mello-Roos Community Facilities Act of 1982, as amended (the "ACT"). The Resolution of Intention provided that the special taxes heretofore authorized to be levied in the District for financing the public facilities provided through the District shall be levied in the territory proposed to be annexed, subject to public hearing and landowner election proceedings as specified in the Act. Notice is further given that Tuesday, July 9, 1996, at the hour of 7:00 o'clock p.m., in the regular meeting place of the Board, in the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California, are the time and place when and where the Board, as the legislative body for the District, will conduct a public haring on the annexation to the District of the territory described in the Resolution of Intention and finally consider and determine whether the public convenience aid necessity require the annexation of said territory to the District and the levy of special taxes therein. Notice is further given that at the hearing, the testimony of all interested persons for and against the annexation of said territory to the District or the levying of special taxes within the territory proposed to be annexed to the District will be heard. Date as of June 1 1 1996. By: @u e@. Greek, City C -MC, Secretary Resos.Fa%96-08 4