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Home My WebLink About96-11 FA Resolution RESOLUTION NO. FA 96-11 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY DECLARING RESULTS OF SPECIAL ANNEXATION ELECTION NO. 1, DETERMINING VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING RECORDING OF AMENDED NOTICE OF SPECIAL TAX LIEN WHEREAS, in proceedings heretofore conducted by the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority (the "Authority") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the 'Act"), this Board of Directors has heretofore on this date adopted a resolution entitled "A Resolution of the Board of Directors of the Old Town/Westside Community 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" (the 'Resolution of Annexation"), calling a special election of the qualified landowner electors in the territory of land proposed to be annexed to its Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements) (the "District") pursuant to Annexation No. 1; WHEREAS, pursuant to the terms of the Resolution of Annexation which is hereby incorporated herein by this reference, the special election has been held and the Secretary of the Authority has filed a Canvass and Statement of Result of Election, a copy of which is attached hereto as Exhibit A; and WHEREAS, this Board has reviewed the Canvass and hereby approves it. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority as follows: I . The issue presented at the special election was the levy of a special tax within the territory annexed to the District, to be levied in accordance with the formula heretofore approved by this Board of Directors, all as described in the Resolution of Annexation. 2. Pursuant to the Canvass on file with the Secretary of the Authority, the issue presented at the special election was approved by the landowners of the territory annexed to the District by more than two-thirds of the landowners voting at the special election. 3. Pursuant to the voter approval, said annexed territory to the District is hereby declared to be fully annexed to and part of the District and this Board of Directors may levy special taxes therein as heretofore provided in these proceedings. Resos.FA\96-11 4.It is hereby found that all prior proceedings and actions taken by this Board of Directors pursuant to the Act with respect to the District and the territory annexed thereto were valid and in conformity with the Act. Within 15 days of the date hereof, the Secretary shall execute and cause to be recorded in the office of the County Recorder of the County of Riverside an amendment to the Notice of Special Tax Lien for the District in the form attached hereto as Exhibit B, as required by Section 3117.5 of the California Streets and Highways Code. 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. a H. Birdsall, Chairperson ATTEST: J e . Greek, CMC Authority Secretary/City Clerk 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 96-11 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 NOES: 0 BOARD MEMBERS: None ABSENT: 1 BOARD MEMBERS: Stone June S. Gre&k, CMC Authority Secretary/City Clerk 2 EXHIBIT A OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. I (OLD TOWN AREA PUBLIC IMPROVEMENTS) SPECIAL TAX ANNEXATION ELECTION NO. 1 CANVASS AND STATEMENT OF RESULT 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 Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements), which election is designated as the Special Tax Annexation Election No. 1, 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 Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements) Special Tax Annexation Election No. 1, July 9, 1996. 2 2 2 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 annexed to said District pursuant to and as described in the Resolution of the Old Town/Westside Community Facilities District Financing Authority 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? A-1 IN S WHEREOF, I HAVE HEREUNTO SET MY HAND this 9th day of July, 1996. By: S@e@y, Old Town/W6s-tside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements) EXHIBIT B RECORDING REQUESTED BY AND AFTER RECORDATION RETURN TO: Secretary Old Town/Westside Community Facilities District Financing Authority c/o City Clerk, City of Temecula 43174 Business Park Drive Temecula, Ca. 92590 NOTICE OF SPECIAL TAX LIEN OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 1 (OLD TOWN AREA PUBLIC IMPROVEMENTS) ANNEXATION NO. 1 Pursuant to the requirements of Section 3117.5 of the Streets and Highways Code of California and the Mello-Roos Community Facilities Act of 1982, as amended, Section 5331 1, et seq., of the California Government Code (the "Act"), the undersigned Secretary of the Old Town/Westside Community Facilities District Financing Authority (the "Authority"), County of Riverside, State of California, hereby gives notice that a lien to secure payment of a special tax is hereby imposed on the property described herein by the Board of Directors of the Authority, County of Riverside, State of California. The special tax secured by this lien is authorized to be levied for the purpose of paying principal and interest on bonds, the proceeds of which are being used to finance the acquisition and construction of public facilities and otherwise to pay the costs of such facilities directly and the costs of administering the below-mentioned community facilities district, all according to the rate and method of apportionment of special taxes set forth in that certain Notice of Special Tax Lien heretofore recorded in the Office of the County Recorder of the County of Riverside, State of California on May 17, 1996 at the hour of 8:00 o'clock a.m. as Document No. 182619, to which recorded Notice of Special Tax Lien reference is hereby made and the provisions of which are hereby incorporated by this reference. This Amended Notice of Special Tax Lien amends the Notice of Special Tax Lien to add to the territory of the Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements) the lands set forth in that certain 'Annexation Map No. 1 to Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements), B-1 County of Riverside, State of California,' heretofore recorded on June 10, 1996 at 8:00 o'clock a.m. in Book 41 Maps of Assessment and Community Facilities Districts at Page 42 in the office of the County Recorder of the County of Riverside, State of California. The assessor's tax parcel number of all parcels or any portion thereof which are included in this Amended Notice of Special Tax Lien, together with the name(s) of the owner(s) thereof, as they appear on the latest secured assessment roll as of the date of recording hereof or as are otherwise known to the Authority are as set forth in Exhibit A hereto and hereby made a part hereof. For @er information concerning the current and estimated future tax liability of owners or purchasers of real property or interests therein subject to this special tax lien, interested persons should contact the Treasurer of the Old Town/Westside Community Facilities District Financing Authority, 43174 Business Park Drive, Temecula, California 92590, telephone number (909) 694- 6444. Dated: -'I- ii 1996 By: Secretary-' Old Town/Westside Community Facilities District Financing Authority B-2 EXHIBIT A ASSESSOR'S PARCEL NUMBERS AND OWNERS OF LAND WITHIN ANNEXATION NO. 1 TO OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 1 (OLD TOWN AREA PUBLIC IMPROVEMENTS) Assessor's Name of Prol2erty Owners Parcel @. Rudolf Brose 922-034-033, Amanda Brose 922-034-034 3319 Avalon Street #96 Riverside, California 92509 Jon A. Moramarco 922-041-008, Cynthia E. Moramarco 922-041-009, P.O. Box 906 922-041-010 Temecula, California 92593 Jon A. Moramarco 501 Jean Marie Santa Rosa, CA 95403 Tony Moramarco 6089-2 Major Columbia, MD 21045 A-1