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HomeMy WebLinkAbout95-06 FA Resolution RESOLUTION NO. FA 95-06 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTIIORITY AMENDING RESOLUTIONS OF INTENTION FOR COMMUNITY FACI]LITIES DISTRICT NO. I (OLD TOWN AR]EA PUBLIC U"ROVE@TS) TO INCLUDE ADDITIONAL LAND WRMIN THE PROPOSED DISTRICT VMEREAS, on September 12, 1995, the Old Town/Westside Community Facilities District Financing Authority (the "Authority" adopted its Resolution Nos. FA 95-02 and 95- 03 (the "Initial Resolutions") expressing the intention of the Board of Directors of the Authority to form the Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements) (the "District"), to levy a special tax within the District to pay the costs of certain public improvements identified therein (the "Public Improvements"), and to issue bonded indebtedness to finance such costs; and VMERF,AS, Resolution No. FA 95-02 approved a proposed boundary map for the District in the form on file with the Secretary (the "Original Map"), and the boundaries of the District referred to in the Initial Resolutions were as set forth on the Original Map; and VMEREAS, the land on which a proposed arena and appurtenant facilities may be constructed, which land will benefit from the installation of some of the Public Improvements, was inadvertently omitted from the Original Map, and this Board of Directors now desires to amend the Initial Resolutions to provide for the recording of a first amended boundary map for the District which includes such land, and to set a new date for the public hearings described in the Initial Resolutions and to direct publication of a revised notice hearing in the form herein approved. NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority as follows: 1. The proposed boundaries of the District are hereby amended to include all of the land indicated on the First Amended Map of the District on file with the Secretary, which boundaries 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 First Amended Map of the boundaries of the District in the office of the County Recorder within fifteen days of the date of adoption of this Resolution, but in any event at least fifteen days prior to the public hearing referred to in Section 3 below. Resos.FA\95-06 2. The Initial Resolutions are hereby amended to reflect that the proposed boundaries of the District are as set on the First Amended Map of the District referred to in Section 1 above. 3. The Secretary is hereby directed to publish a notice of a revised date for the public hearing referred to in Section 10 if Resolution No. FA 95-02 and Section 4 of Resolution No. FA 95-03, said notice of the revised date to be given by publication on time in a newspaper of general circulation circulated within the District. The publication of said notice shall be completed at least seven (7) days before November 14, 1995, which is hereby designated as the revised date set for said public hearings. Said notice shall substantially be in the form of Exhibit A hereto. 4. Except as amended pursuant to this Resolution, the provisions of Resolution Nos. FA 95-02 and 95-03 are hereby ratified and confirmed. 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 10th day of October, 1995. P@tricia H. Birdsall, Chairperson ATTEST: Ju e reek, CMC, City Clerk/ Authority Secretary Resos.FA\95-06 2 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 95-06 was duly adopted at a regular meeting of the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority on the 10th day of October, 1995, by the following roll call vote: AYES: 4 BOARD MEMBERS: Birdsall, Lindemans, Parks, Roberts NOES: 0 BOARD MEMBERS: None ABSENT: 0 BOARD MEMBERS: None ABSTAINIED: 1 BOARD MEMBERS: Stone @ne S. Greek, CMC, City Clerk/ Authority Secretary Resos.FA\95-06 3 NOTICE OF PUBLIC HEARING Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Luprovements) Notice is hereby given that on October 10, 1995 the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority (the "Authority") adopted a Resolution (the "Amending Resolution") approving a revised boundary map for its proposed Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. I (Old Town Area Public Improvements) (the "District"), and amending its Resolution Nos. FA 95-02 and 95-03 relating to the District previously adopted by the Board of Directors on September 12, 1995. The Amending Resolution changed the date of the public hearings called pursuant to Resolutions Nos. FA 95-02 and 95-03 from October 17, 1995 to November 14, 1995. Accordingly, Tuesday, November 14, 1995 at 7:00 p.m. or as soon as possible thereafter, 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 the Board of Directors of the Authority, as legislative body for the District, will conduct public hearings on the establishment of the District and consider and finally determine whether the public interest, convenience and necessity require the formation of the District, the levy of special tax as therein and the issuance of bonded indebtedness therefore. At said hearings, the testimony of all interested persons or taxpayers for or against the establishment of the District, the extent of the District, the furnishing of the specified types of facilities to be financed by the District and the issuance of bonds for the District will be heard. Any person interested may file a protest in writing as provided in Section 53323 of the Mello-Roos Community Facilities Act of 1982. If fifty percent or more of the registered voters, whichever is more, residing in the territory proposed to be included in the District (as said Amending Resolution), or the owners of one-half or more of the area of land in the territory proposed to be included in the District (as said territory is set forth in the revised boundary map for the District approved pursuant to the Amending Resolution) and not exempt from the special taxes file written protests against the establishment of the District or the issuance of bonds therefore and the protests are not withdrawn to reduce the value of the protests or less than a majority, the Board of Directors shall take no further action to create the District or levy the special taxes or issue such debt for period of one year from the date of decision of the Board of Directors, and if the majority protests of the registered voters or landowners are only against the furnishing of a type or types of facilities within the District, or against levying a specified special tax, those types of facilities or the specified special tax will be eliminated from the proceedings to form the District. Dated: 1995 Ju@@Greek, CMC, Cify-Clerk, Authority Secretary Resos.FA\95-06 4