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HomeMy WebLinkAbout96-10 FA Resolution RESOLUTION NO. FA 96-10 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN/WESTSIDE CO ITY FACILITIES DISTRICT FINANCING AUTHORITY OF ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 1, AUTHORIZING THE LEVY OF A SPECIAL TAX AND SUBMITTING LEVY OF TAX TO QUALIFIED ELECTORS WHEREAS, this Board of Directors of the Old Town/Westside Community Facilities District Financing Authority (the "Authority") on May 28, 1996, 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 Intenfion") stating its intention to annex the territory to 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"); WHEREAS, a copy of the Resolution of Intention, incorporating by reference a map of the proposed boundaries of the territory to be annexed to the District and stating the facilities to be provided and the rate and method of apportionment of the special tax to be levied within the District and the territory proposed to be annexed thereto, is on file with the Secretary of the Authority and the provisions thereof are fully incorporated therein by this reference as if fully set forth herein; WHEREAS, on the date hereof, this Board of Directors held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to the District; WHEREAS, at said hearing all interested persons desiring to be heard on all matters pertaining to the annexation of territory to the District and the levy of said special taxes within the area proposed to be annexed were heard and a full and fair hearing was held; WHEREAS, prior to the time fixed for said hearing, written protests had not been filed against the proposed annexation of territory to the District by (i) 50% of more of the registered voters, or six registered voters, whichever is more, residing in the existing District, or (ii) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the territory proposed to be annexed to the District, or (iii) owners of one-half or more of the area of land in the existing District, or (iv) owners of one-half or more of the area of land in the territory proposed to be annexed to the District; and WHEREAS, the map showing the proposed boundaries of Annexation No. 1 to the District has been filed with the County Recorder of the County of Riverside, which map shows Resos.FA/96-10 the territory to be annexed in these proceedings, and a copy thereof is on file with the Secretary of the Authority. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority as follows: 1 . All prior proceedings taken by this Board of Directors with respect to the District and the proposed Annexation No. 1 of territory thereto have been duly considered and are hereby determined to be valid and in conformity with the Act, and the District has been validly established pursuant to the Act. 2. The description and map of the boundaries of the territory to be annexed to District, as described in the map of Annexation No. I to the District on file with the Secretary, are hereby finally approved, are incorporated herein by reference, and shall be included within the boundaries of the district, and said territory is hereby ordered annexed to the District, subject to voter approval of the levy of the special taxes therein as hereinafter provided. 3. The provisions of the Resolution of Formation of the District, 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 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" and as heretofore adopted by this Board on April 23, 1996, are by this reference incorporated herein, as if fully set forth herein. 4.Pursuant to the provisions of the Act, the proposition of the levy of the special tax within theterritory to be annexed to the District shall be submitted to the voters of the area to be annexed tothe District at an election called therefore as hereinafter provided. 5. This Board of Directors hereby finds that fewer than 12 persons have been registered to vote within the territory proposed to be annexed to the District for each of the 90 days preceding the close of the hearing heretofore conducted and concluded by this Board of Directors for the purposes of these annexation 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 territory proposed to be annexed to the District and that the vote shall be by said landowners, each having one vote for each acre or portion thereof such landowner owns in the territory proposed to be annexed to the District. 6.Pursuant to Section 53326 of the Act, the election shall be conducted by mail ballot under Section4000 of the California Elections Code. This Board hereby determines that paragraphs (a),(b), (c)(1), and (c)(3) of said Section 4000 are applicable to this election. Resos.FA/96-10 2 7. The Board hereby calls a special mail ballot election to consider the measure described in the ballot referred to in paragraph 8 below, which election shall be held in the meeting place of this Board of Directors immediately following the adoption of this Resolution. 8. The Secretary of the Authority is hereby appointed as the election official to conduct the election, and she has caused to be provided to each landowner in the territory to be annexed to the District a ballot in the form of Exhibit A hereto, which form of ballot is hereby approved. 9. The Secretary of the Authority shall accept the ballots of the qualified electors received prior to or immediately following adoption of this Resolution, whether received by mail or by personal delivery. 10.This Board hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days to elapse before said election is for the protection of voters, that the voters have waived such requirement as provided in the voted ballots and the Secretary has concurred in said waiver. 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 9th day of July, 1996. cia H. Birdsall, Chairperson ATTEST: June@Areek, CMC Authority Secretary/City Clerk Resos.FA/96-10 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA 1, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. FA 96-10 was duly adopted at a regular meeting of the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority on the 9th day of July, 1996, by the following roll call vote: AYES: 4 BOARD MEMBERS: Birdsall, Ford, Roberts, Lindemans NAYS: 0 BOARD MEMBERS: None ABSENT: 1 BOARD MEMBERS: Stone June S. Greek, CMC Authority Secretary/ City Clerk Resos.FA/96-10 4 EXHIBIT A OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 1 (OLD TOWN AREA PUBLIC IMPROVEMENTS) ANNEXATION NO. I OFFICIAL BALLOT SPECIAL TAX ANNEXATION ELECTION (July 9, 1996) This ballot is for special landowner election to annex territory to the district listed above. You must return this ballot, sealed in the accompanying postage paid envelope, to the office of 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 July 9, 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) in the voting square after the word "YES" or after the word "NO." AU 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 Community Facilities District No. 1 (Old Town Area Public Improvements) be authorized to levy special taxes within the territory YES: 2 annexed to said District pursuant to and as described in the Resolution of the Old Town/Westside Community Facilities District Financing Authority NO: 0 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," adopted by the Board of Directors of said Authority on July 9, 1996? Resos.FA/96-10 5 By execution in the space provided below, you also confirm your waiver of the time limit pertaining to the conduct of the election and any requirement for notice of election and 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. Number of Votes: Riverside County Assessor's Parcel Number of Property Owned: Property Owners: Resos.FA/96-10 6