HomeMy WebLinkAbout98-09 WHFA ResolutionRESOLUTION NO. WHFA 98-09
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
WINCHESTER HILLS FINANCING AUTHORITY CALLING
SPECIAL ELECTION
WHEREAS, on this date, this Board of Directors adopted a resolution entitled "A
Resolution of the Board of Directors of the Winchester IJills Financing Authority of Formation
of Winchester Hills Financing Authority Community Facilities District No. 98-1 (Winchester
Hills), Authorizing the Levy of a Special Tax Within the District and Preliminarily Establishing
an Appropriations Limit for the District" (the "Resolution of Formation"), ordering the formation
of Winchester Hills Financing Authority Community Facilities District No. 98-1 (Winchester
Hills) (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 the Board of Directors of the Winchester Hills Financing Authority Determining the
Necessity to Incur Bonded Indebtedness Within The Winchester Hills Financing Authority
Community Facilities District No. 98-1 (Winchester Hills)" (the "Resolution to Incur
Indebtedness"), determining the necessity to incur bonded indebtedness in the maximum aggregate
principal amount of $16,000,000 upon the security of said special tax to be levied within the
District; and
WHEREAS, 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 Chapter 2.5
of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government
Code (the "Act").
NOW, TI-IF~REFORE, BE IT RESOLVED by the Board of Directors of the Winchester
Hills Financing Authority as follows:
Section 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.
Section 2. As authorized by Section 53353.5 of the Act, the three propositions described
in tnu'agraph 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.
Resos.\whf,.98-09 I
Section 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.
Section 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 Temecula City Council
Chambers immediately following adoption of this Resolution. The Secretary is hereby designated
a~ the official to conduct said election. It is hereby acknowledged that the Secretary has on file
the Resolution of Formation, a certified map of the 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 no later than immediately following
the adoption of this Resolution; and when all of the qualified voters have voted the election shall
be closed.
Section $. Pursuant to Section 53327 of the Act, the election shall be conducted by
hand-delivered ballot pursuant to Section 4000 of the California Elections Code. This Board of
Directors hereby finds that paragraphs (a), (b), (c) (1) and (c)(3) of said Section 4000 are
applicable to this special election.
Section 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, Co) a declaration, under penalty of perjury, 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 pursuant to clause Co) above, and (e) a notice 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.
Resos.\whfa98-09 2
Section 7. The Secretary shall accept the ballots of the qualified electors in the Temecula
City Council Chambers upon and prior to the adoption of this Resolution, whether said ballots be
personally delivered or received by mail. The Secretary shall have available ballots which may
be marked at said location on the election day by said qualified electors.
Section 8. This Board of Directors hereby further finds that the provision 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. There is on file with the Secretary a written petition executed by all of the qualified
electors of the District requesting a shortening of the time for said special election to expedite the
process of formation of the District and waiving any requirement for analysis and arguments in
connection with the election. 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 waiver of analysis and arguments, 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.
Section 9. The Secretary is hereby directed to publish in a newspaper of general
circulation circulating within 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.
Section 10. This Resolution shall take effect upon its adoption.
PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Winchester
Hills Financing Authority at a regular meeting held on the 14th day of April, 1998.
ATr~T:
~/~/~/~ff Comerchero, Chairperson
.Jones, MC'
Ae, fin~ Authority /City Clerk
[SEAL]
Roso~.\whfa98-.09 3
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, S~cretary of the Winchester Hills Financing Authority, HEREBY DO
CERTIFY that the foregoing Resolution No. WHFA 98- 09 was duly adopted at a regular
meeting of the Board of Directors of the Winchester Hills Financing Authority on the 14th day
of April, 1998, by the following roll call vote:
AYES: 5 BOARDMEMBERS: Ford, Lindemans, Roberts, Stone,
Comerchero
NOES:
0 BOARDMEMBERS: None
ABSENT: 0 BOARDMEMBERS: None
Susa~ W. ;Ipnes, CMC
Aclk~g'Authority Sect'ela~/City Clerk
Reso~.\whfa98-09 4
EXHIBIT A
WINCHESTER HILLS FINANCIAL AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 98-1
(WINCHESTER HILLS)
OFFICIAL BALLOT
SPECIAL TAX ELECTION
(April 14, 199g)
This ballot is for a special, landowner election. You must return this ballot in the enclosed
postage paid envelope to the office of the Secretary of the Winchester Hills Financing Authority
no later than immediately after adoption of the resolution of the Board of Directors calling said
election on April 14, 1998, either by mail or in person. The Secretary's office is located at 43200
Business Park Drive, Temecula, California 92589-9033.
To vote, mark a cross (X) on the voting line after the word "YES" or after the word
"NO". 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 Secretary of the
Winchester Hills Financing Authority and obtain another.
BAHDT MEASURE: Shall the W'mchester Hills Financing Authority
incur an indebtedness and issue bonds in the maximum aggregate principal
amount of $16,000,000, with interest at a rate or rates not to exceed the
maximum interest rate permitted by law at the time of sale of such bonds on
behalf of the Winchester Hills Financing Authority Community Facilities
District No 98-1 (Winchester Hills) (the "District"), the proceeds of which will
be used to retinarice certain assessment liens described in the proceedings to
form the District; shall a special tax payable solely from lands within the
District be levied annually upon lands within the District to pay for the principal
and interest upon such bonds and the costs of the City of Temecula and the
Authority in administering the District, and shall the annual appropriations limit
of the District be established in the amount of $16,000,0007
Yes:
No:
By execution in the space provided below, you also (a) certify that you are the fee title
owner (or the duly authorized representative of the fee title owner) of the Riverside County
Assessors Parcels indicated below, and (b) indicate your waiver of the 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.
Number of Votes: 140
County Assessor's Parcels Owned
by Property Owner:
910 100 007 910 240 001 911 180 015
910 100 008 910 261 001 911 180 023
910 110 01:3 910 261 002 911 180 028
910 110 015 911 060 009 911 630 001
910 110 0:20 911 150 002 911 630 002
910 110 021 911 180 003 911 630 003
910 110 027 911 150 004 911 640 001
910 110 076 911 180 008 911 640 003
910 120 008 911 180 009
WINCHESTER HILLS I LLC,
a California limited liability company
By:
Stephen A. Bieri, Managing Member