HomeMy WebLinkAbout16-06 TPFA Resolution RESOLUTION NO. TPFA 16-06
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE TEMECULA PUBLIC FINANCING AUTHORITY
CALLING SPECIAL ELECTION WITHIN COMMUNITY
FACILITIES DISTRICT NO. 16-01 (RORIPAUGH RANCH
PHASE 2)
THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING
AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. On this date, this Board of Directors adopted a resolution entitled "A
Resolution of the Board of Directors of the Temecula Public Financing Authority of
Formation of Temecula Public Financing Authority Community Facilities District No. 16-
01 (Roripaugh Ranch Phase 2), 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' (the "Resolution of Formation"), ordering the formation of the
Temecula Public Financing Authority Community Facilities District No. 16-01 (Roripaugh
Ranch Phase 2) (the "District'), authorizing the levy of a special tax on property within
the District and preliminarily establishing an appropriations limit for the District.
Section 2. On this date, this Board of Directors also adopted a resolution entitled
"A Resolution of the Board of Directors of the Temecula Public Financing Authority
Determining the Necessity to Incur Bonded Indebtedness Within Temecula Public
Financing Authority Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2)
and Submitting Proposition to the Qualified Electors of the District" (the "Resolution to
Incur Indebtedness"), determining the necessity to incur bonded indebtedness in the
maximum aggregate principal amount of $60,000,000 upon the security of the special
tax to be levied within the District.
Section 3. 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 is to be submitted to the qualified electors of the District as
required by the Mello-Roos Community Facilities Act of 1982, California Government
Code Section 53311 et seq. (the "Law').
Section 4. Pursuant to Sections 53325.7, 53326 and 53351 of the Law, 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 5. As authorized by Section 53353.5 of the Law, the three propositions
described in paragraph 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.
The form of ballot is hereby approved.
TPFA Resos 16-06 1
Section 6. 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(b) of the Law, 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 the public hearings.
Section 7. This Board of Directors hereby calls a special election to consider the
measure described in Section 5 above, which election shall be held immediately
following adoption of this Resolution in the meeting place of the Board of Directors of
the Temecula Public Financing Authority. The Secretary is hereby designated as the
official to conduct said election. It is hereby acknowledged that the Secretary has on file
the Resolution of Formation, a map of the proposed 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 8. Pursuant to Section 53327 of the Law, the election shall be conducted
by mail or hand delivered ballot pursuant to applicable provisions of the California
Elections Code.
Section 9. This Board of Directors acknowledges that the Secretary verified
delivery of ballots to the two qualified electors of the Districts ballots in the form set forth
in Exhibit A hereto. Each ballot indicated the number of votes to be voted by the
respective landowner.
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 ballots was
enclosed with the ballot, had the return postage prepaid, and contained the following: (a)
the name and address of the landowner, (b) 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 (b) above, and (e) a notice that the
envelope contains an official ballot and is to be opened only by the Secretary.
Analysis and arguments with respect to the ballot measures are being waived by
the landowners in their respective voted ballots, as permitted by Section 53327(b) of the
' Law.
TPFA Resos 16-06 2
Section 10. The Secretary shall accept the ballots of the qualified electors upon
and prior to the adoption of this Resolution, whether the ballots be personally delivered
or received by mail. The Secretary shall have available ballots which may be marked in
the Board of Directors meeting room on the election day by the qualified electors.
Section 11. This Board of Directors hereby further finds that the provision of the
Law 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. The petition previously submitted by one of the landowners in
the District and the voted ballots of the two qualified electors of the District contain
acknowledgments of a waiver of any time limit pertaining to the conduct of the election
and of a waiver of any requirement for analysis and arguments in connection with the
election. Accordingly, this Board of Directors finds and determines that the 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 12. Pursuant to the Local Agency Special Tax and Bond Accountability
Act, Sections 50075.1 et. seq. and Sections 53410 et. seq. of the California
Government Code, (a) the ballot measure referred to in Sections 2 and 4 above
contains a statement indicating the specific purposes of the special tax, the proceeds of
the special tax will be applied only to the purposes specified in the ballot measure, there
shall be created by the Treasurer an account into which proceeds of the special tax
levies will be deposited, and the Treasurer is hereby directed to provide an annual
report to this Board of Directors as required by Section 50075.3 of the California
Government Code; and (b) the ballot measure contains a statement indicating the
specific purposes of the bonds, the proceeds of the bonds will be applied only to the
purposes specified in the ballot measure, there shall be created by the Treasurer an
account into which the proceeds of the bonds will be deposited, and the Treasurer is
hereby directed to provide an annual report to this Board of Directors as required by
Section 53411 of the California Government Code.
Section 13. The Secretary is hereby directed to cause to be published 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 14. This Resolution shall take effect upon its adoption.
TPFA Resos 16-06 3
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula
Public Financing Authority this 26th day of April, 2016.
Michael S—Raggar, Chair
ATTE
Randi Johl, Secretary
[SEAL]
TPFA Resos 16-06 4
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby
certify that the foregoing Resolution No. TPFA 16-06 was duly and regularly adopted by
the Board of Directors of the Temecula Public Financing Authority at a meeting thereof
held on the 26th day of April, 2016, by the following vote:
AYES: 3 BOARD MEMBERS: Edwards, McCracken, Rahn
NOES: 0 BOARD MEMBERS: None
ABSTAIN: 0 BOARD MEMBERS: None
ABSENT: 2 BOARD MEMBERS: Comerchero, Naggar
Randi Johl, Secretary
TPFA Resos 16-06 5
' EXHIBIT A
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 16-01
(RORIPAUGH RANCH PHASE 2)
OFFICIAL BALLOT
Special Tax and Bond Election
(April 26, 2016)
This ballot is for a special, landowner election. You must return this ballot in the enclosed
postage paid envelope to the Secretary of the Temecula Public Financing Authority no later than
immediately after adoption of the resolution of the Board of Directors calling said election, either by
mail or in person.
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 Temecula
Public Financing Authority and obtain another.
BALLOT MEASURE: Shall the Temecula Public Financing Authority
(the "Authority") incur an indebtedness and issue bonds in one or more
series in the maximum aggregate principal amount of $60,000,000, 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 Temecula Public
Financing Authority Community Facilities District No. 16-01 (Roripaugh Yes:
Ranch Phase 2) (the "District'), the proceeds of which will be used only to
finance the prepayment of certain special taxes and the costs of certain
public improvements as specified in the Resolution of Formation of the No: _
District and the costs of issuing the bonds as well as the establishment of
appropriate bond and interest rate reserves; shall a special tax be levied
annually upon lands within the District to be applied only to the payment of
the costs of services eligible to be funded by the District, the payment of the
principal and interest upon such bonds to be issued and to replenish the
reserves for the bonds, and to pay the costs of the Authority and the City of
Temecula in administering the District, and shall the annual appropriations
limit of the District be established in the amount of$60,000,000?
By execution in the space provided below, you also 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.
Riverside County Assessor's Parcel Nos. of Number of Votes:
Land Owned in the District:
Property Owner:
A-1