HomeMy WebLinkAboutProof of Publication of Notice of Public Hearing by the Board of Director of the Authority and the Temecula City Council
THE PRESS-ENTERPRISE Corona-Norco Independent, Elsinore Sun-Tribune, Rancho News, Sun City News, Menifee Valley News 3512 Fourteenth Street Riverside CA 92501-3878 951-684-1200 951-368-9018
FAX PROOF OF PUBLICATION (2010, 2015.5 C.C.P.) PROOF OF PUBLICATION OF LE-Open Ad Desc.: CFD 03-02 Declaring Its Intention I am a citizen of the United States. I am over the age of eighteen
years and not a party to or interested in the above entitled matter. I am an authorized representative of THE PRESS-ENTERPRISE, a newspaper of general circulation, printed and published
daily in the city of Riverside, County of Riverside, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Riverside, State
of California, under date of April 25, 1952, Case Number 54446, under date of March 29, 1 957, Case Number 65673 and under date of August 25, 1995, Case Number 267864; that the notice,
of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any supplement thereof
on the following dates, to wit: 12-28-04 I Certify (or declare) under penalty of perjury that the foregoing is true/and correct. Date: Dec.^8, 2QG4 J At: Riy,ers»iae, California si \^/f&^
i /J /yi J^s T\ . Y^^rL,^ /QUINT & THIMMIG LLP ONE EMBARCADERO CTR # 2420 PAUL J THIMMIG SAN FRANCISCO CA 941 1 1 Ad #: 6435027 PO #: Agency #n: Ad Copy: TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) NOTICE OF PUBLIC HEARING Notice is hereby given that on August 24, 2004, the Board of Directors (the "Board") of the Temecula
Public Financing Authority adopted a Resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its Intention To Establish A Community
Facilities District And To Authorize The Levy Of Special Taxes Therein -Roripaugh Ranch 03-02" (the "Resolution of Intention"), and on September 28, 2004, the Board adopted a resolution
amending the Resolution of Intention (the "Amending Resolution"). On November 9, 2004, the Board opened the public hearing called pursuant to the Resolution of Intention and the Amending
Resolution, and has continued the public hearing several times with the public hearing now to be held on January 11, 2005. Pursuant to the Resolution of Intention, as amended by the
Amending Resolution and further actions of the Board, and the Mello-Roos Community Facilities Act of 1982, the Board hereby gives notice as follows: A. The text of said Resolution of
Intention is as follows: WHEREAS, under the Mello-Roos Community Facilities Act of 1982, constituting Section 53311 et seq. of the California Government Code (the "Law"), this Board
of Directors may commence proceedings for the establishment of a community facilities district; and WHEREAS, there has been submitted to this Board of Directors Petitions (Including
Waivers) of the owners of real property in the Roripaugh Ranch development within the City of Temecula (collectively, the "Petitions"), requesting the formation by this Board of Directors
of a community facilities district under the Low to be known as the Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) (the "District"); and
WHEREAS, under the Law, this Board of Directors is the legislative body for the proposed District and is empowered with the authority to establish the District and levy special taxes
within the District; and WHEREAS, this Board of Directors now desires to proceed with the actions necessary to consider the establishment of the District. NOW, THEREFORE, BE IT RESOLVED
by the Board of Directors of the Temecula Public Financing Authority as follows: Section 1. This Board of Directors proposes to begin the proceedings necessary to establish the District
pursuanttotheLaw. Receipt of the Petitions to form the District is hereby acknowledaed Section 2. The name proposed for the District is Temecula Public Financing Authority Community
Facilities District No. 03-02 (Roripaugh Ranch). Section 3. The proposed boundaries of the District are as shown on the map of the District on file with the Secretary, which boundaries
are hereby preliminarily approved. The Secretary is hereby directed to record, or cause to be recorded, the map of the boundaries of the District in the office of the County Recorder
as soon as practicable after the adop
tionofthis Resolution. Section 4. The types of public facilities (the "Facilities") proppsed to be eligible for funding by the District and pursuant to the Law, and the fixed special
assessment lien to be eliminated in whole or in part by payments from the District and pursuant to the Law, shall consist of those items listed on Exhibit A hereto under the headings
"Facilities" and "Prior Lien," respectively, which Exhibit is by this reference incorporated herein. The Executive Director is hereby authorized and directed to enter into a joint community
facilities agreement with the City of Temecula, the County of Riverside, the Riverside County Flood Control and Water Conservation District, the Temecyla Community Services District,
the Eastern Municipal Water District, the California Department of Transportation, and with any other public entity that will own and/or operate any of the Facilities, such agreements
to be in a form provided by Bond Counsel. Section 5. Except to the extent that funds are otherwise available to the District to pay for the Facilities and the elimination of the Prior
Lien and/or pay the principal and interest as it becomes due on bonds of the District issued to pay for the Facilities and the elimination of the Prior Lien, a special tox sufficient
to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the District, will be levied within the District and collected in the same
manner as ordinary ad valorem property taxes or in such other manner as this Board of Directors or its designee shall determine, including direct billing of the affected property owners.
The proposed rate and method of apportionment of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within the proposed
District to estimate fhe maximum amount such owner will have to pay, and which specifies the tax year after which no further special tax will be levied on land used for private residential
purposes purposes and which otherwise complies with applicable provisions of the Law is described in Exhibit B attached hereto which Exhibit is by this reference incorporated herein.
This Board of Directors finds that the provisions of Section 53313.6,53313.7 and 53313.9 of the California Government Code (relating to adjustments to ad valorem property taxes and schools
financed by a community facilities district) are inapplicable to the District. Section 6. It is the intention of this Board of Directors, acting as the legislative body for the District,
to cause one or more series of bonds of the Authority to be issued for the District pursuant to the Law to finance a portion of the costs of the Facilities, and to finance the elimination
of the Prior Lien. If so issued, the bonds shall be in the aggregate principal amount of not to exceed $55,000,000, shall bear interest payable semiannually or in such other manner as
this Board of Directors shall determine, at a rate not to exceed the maximum rate of interest as may may be authorized by applicable law at the time of sale of such bonds, and shall
mature not to exceed 40 years from the date of the issuance thereof. Section 7. This Board of Directors reserves to itself
the right and authority to allow any interested owner of properly in the District, subiect to the provisions of Section 53344.1 of the California Government Code and such requirements
as it may otherwise impose, and any applicable prepayment penalties as prescribed in the indenture or fiscal agent agreement for any bonas of the Authority for the District, to tender
tp the Treasurer of the Authority in full payment or part payment of any installment of special taxes for the District or the interest or penalties thereon which may be due or delinquent,
but for which a bill has been received, any bond or other obligation secured thereby, in the manner described in Section 53344.1 of the California Government Code. Section 8. The levy
of said proppsed special tax in the District shall be subject to the approval of the qualified electors at a special election. The proposed voting procedure shall be by mailed or hand-delivered
ballot among the landowners in the District, with each owner having one vote for each acre or portion of an acre of land such owner owns in the District. Section 9. Except as may otherwise
be provided by law or the rate and method of apportionment of the special tax for the District, all lands owned by any public entity, including the United States, the State of California
and/or the City of Temecula, or any departments or political subdivisions of any thereof, shall be omitted from the levy of the special tax to be made to coverthe costs and expenses
of the facilities, the elimination of the Prior Lien, the issuance of bonds by the Authority for the District and any expenses of the District. Section 10. The Director of Public Works
of the City of Temecula is hereby directed to study the proposed Facilities for the District and the Prior Lien and to make, or cause to be made, and file with the Secretary a report
in writing, presenting the following: (a) A brief description of the Facilities eligible to be funded by the District and the Prior Lien. (b) An estimate of the fair and reasonable cost
cost of providing the Facilities, and of eliminating the Prior Lien, including The incidental expenses in connection therewith, including the costs of the proposed bond financing, any
Authority or City of Temecula administrative costs and all other related costs. Said report shall be made a part of the record of the public hearing provided for below. Section 11. Tuesday,
January 11, 2005, at 7:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of this Board of Directors, City Council Chambers, Temecula City Hall, 43200
Business Park Drive, Temecula, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Directors, as legislative body for the District,
will conduct a public hearing on the establishment of the District and consider and finally determine whether the public interest, convenience and necessity require the formation of
the District and the levy of said special tax with the District. Section 12. The Secretary is hereby directed to cause notice of said public hearing to be given by publication one time
in a newspaper published in the area of the
District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form of Exhibit
C hereto. Section 13. The firms of Fieldman, Rolapp & Associates, David Taussig & Associates, Inc., Stone & Youngberg LLC, Stephen G. White, MA), Quint & Thimmig LLP and McFarlin & Anderson
are hereby designated as financial advisor, special tax consultant, underwriter, appraiser, bond counsel and disclosure counsel, respectively, to the Authority for the District. The
Executive Director is hereby authorized to execute agreements with said firms for their services related to the District provided that all fees and expenses of such firms are payable
solely from deposits by the landowners in the District or the proceeds of the bonds, if any, issued by the Authority for the District. Section 14. On November 26, 2001 the City Council
of the City of Temecula approved the Roripaugh Ranch Project and specifically adopted Resolution No. 02-111 making certain findings with respect to the approval and certification of
an Environmental Impact Report for the Protect ("Roripaugh Ranch EIR"). All of the public improvements which are to be funded by the District were described, evaluated and studied as
part of the Roripaugh Ranch EIR and Council Resolution No. 02-111. No significant changes have occurred with respect to the project or the environment which require further study orwhich
render invalid the conclusions and findings of the Roripaugh Ranch EIR. No facts exist upon which any findings pursuant to Sections 15162, 15263 or 15265 of the State CEQA Guidelines
could be based to require the preparation of a subsequent EIR, supplemental EIR or addendum to an EIR. Therefore, the Board of Directors hereby determines that the contemplated formation
of a community facilities district and the issuance of community facilities district special tax bonds involving the Authority and the District, in accordance with Section 1506Kb) of
the California Environmental Quality Act (CEQA) Guidelines is not a "Project1 as defined in Section 15378 off the CEQA Guidelines, and is therefore exempt from the requirements of CEQA.
Pursuant to CEQA Guidelines Sections 15061 (d) and 15061 and the Secretary is hereby directed to cause a Notice of Exemption to be prepared, executed and filed in regard to the foregoing
determination. Section 15. The Board of Directors may in the future, by resolution, approve an agreement pursuant to Section 53314.9 of the California Government Code, to accept an advance
or advances of funds or work-in-kind from one or more landowners in the District or related entities, which advances may be repaid and work-in-kind may be reimbursed to the person or
entity which advanced the funds or work-in-kind subject to compliance with the applicable provisions of Section 53314.9 of the California Government Code. Section 16. This Resolution
shall take effect upon its adoption. B. The exhibits to the Amending Resolution and the Resolution of Intention, Intention, as applicable, which describe the facilities to be funded,
the prior lien to be eliminated, and the rate and method of apportionment of the special taxes
for, the district are on file in the office of the Secretary of the Authority. C. The time and place established underthe Resolution of Intention, as amended by the Amending Resolution,
for the public hearing required under the Law are Tuesday, January 11, 2005, at the hour of 7:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of
the Board of Directors, City Council Chambers, Temecula City Hall, 43200 Business Park Drive, Temecula, California. D. At said hearing, the testimony of all interested persons or taxpayers
for or against the establishment of the district, the extent of the district or the funding by the District pf the specified types of facilities or the elimination of the prior lien
will be heard. Any person interested may file a protest in writing with the Secretary. If fifty percent or more of the registered voters, or six registered voters, whichever is more,
residing in the territory proposed to be included in the district, or the owners of onehalf or more of the area of land in the territory proposed to be included in the district and not
exempt from the special tax file written protests against the establishment of the District and the protests are not withdrawn to reduce the value of the protests to less than a majority,
the Board of Directors shall take no further action to establish the District or levy the special taxes in the District fora period of one year from the date of the decision of the Board
of Directors, and if the majority protests of the registered voters or the landowners are only against the funding of a type or types of facilities, or the elimination of the prior lien
on property in the district, or against levying a specified special tax in the District, those types of facilities, the elimination of the prior lien or the specified special tax will
be eliminated from the proceedings to form the District. E. The proposed voting procedure shall be by special mail or hand-delivered ballot to the p roperty owners withi n the territory
proposed to be included in the district. Dated: December 21,2004 /s/Susan W. Jones, CMC Secretary, Temecula Public Financing Authority 12/28
THE PRESS-ENTERPRISE Corona-Norco Independent, Elsinore Sun-Tribune, Rancho News, Sun City News, Menifee Valley News 3512 Fourteenth Street Riverside CA 92501-3878 951-684-1200 951-368-9018
FAX PROOF OF PUBLICATION (2010, 2015.5 C.C.P.) PROOF OF PUBLICATION OF LE-Open Ad Desc.: Public Improvements /Bonds I am a citizen of the United States. I am over the age of eighteen
years and not a party to or interested in the above entitled matter. I am an authorized representative of THE PRESS-ENTERPRISE, a newspaper of general circulation, printed and published
daily in the city of Riverside, County of Riverside, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Riverside, State
of California, under date of April 25,1952, Case Number 54446, under date of March 29,1957, Case Number 65673 and under date of August 25, 1995, Case Number 267864; that the notice,
of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any supplement thereof
on the following dates, to wit: 12-28-04 I Certify (or declare) under penalty of perjury that the foregoing is true and correct. QUINT & THIMMIG LLP ONE EMBARCADERO CTR # 2420 PAUL J
THIMMIG SAN FRANCISCO CA 94111 Ad #: 6435359 PO#: Agency #: Ad Copy: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Temecula (the "City") on Tuesday,
January 11, 2005, at the hour of 7:00 p.m. or as soon thereafter as the matter may be heard, in the City Council Chambers, located at 43200 Business Park Drive, Temecula, California,
will hold a public hearing in accordance with Section (S586.5(a)(2) of the California Government Code with respect to the financing of public improvements by mea_ns of the issuance of
community facilities district special tax bonds (the "Bonds") by the Temecula Financing Authority (the "Authority1) for its Temecuia Public financing Authority Community Facilities District
No. No. 03-02 (Roripaugh Ranch). The improvements to be financed are or will be located in or in the vicinity of the Roripaugh Ranch development in The City of Temecula and will consist
of various public improvements specified in the proceedings to form the community facilities district. Notice is further given that at said hearing all interested persons will have an
opportunity to be heard with respect to the financing of the improvements with proceeds of the Bonds and the public benefits arising from The financing. Written comments may be submitted
at or before the hearing to Genie Roberts, Director of Finance, City of Temecula, 43200 Business Park Drive, Temecula, California 92590. Dated: December 22,2004 /s/Susan W. Jones, CMC
City Clerk, City of Temecula 12/28
04/25/2006 16:17 FAX 9516941999 1^1006 PROOF OF PUBLICATION (2015.5 CCJP.) STATE OF CALIFORNIA County of Riverside I am a citizen of the United States and a resident of the County aforesaid.
I am over the age of eighteen years, and not a party to, or interested in the above entitled matter. I am an authorized representative of THE CALIFORNIAN An Edition of the North County
Times a newspaper of general circulation, published DAILY in the City of Temecula, California, 92590> County of Riverside, Three Lake Judicial District, and which newspaper has been
adjudicated a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under the date of February 25, 1982, Case Number 147342; ttoat the
notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not iu any supplement
thereof, on the following dates towit: October 12 2004 I certify (or declare) under penalty of of perjury that the foregoing is true and correct. Dated at TEMECULA, CALIFORNIA, this
12th day of October, 2004 SignatureLegal Advertising Representative NOTICE OF PUBLIC HEARING City of Temecula UBLIC FINANCING AUTHORITY . . FACILrriES DISTRICT NO. 03-02 (RORIPAUGH RANCH)
NOTICE OF PUBLIC HEARING n amending the Ffeioluuon of Intention (Ilia "Amending RNMO-^Blto-RooB Community FacSllBB A*( ITlS62,Tha loard here-A. The text of said Raaolution la as follows:
WHEREAS, this Board of Directors has Ihls I 1 " of the T thai to form .... ,^-J ol Director g 11$ intention to Establish a ftoi rot SpoClaiTaxBs Thsreln -Re »WHnmJy 'acP&s F"*'.^' E"'
pted its Resolution entitled "A . i a Public Finanfjng Authority Ity Facilillaa Dlslriel and To Aultionza in Ranch 03-02. staling Its intention .10 the MelE'Roos Community Fooilol flnanclng
a portion of the coats of aid lo eliminate In whole or In part an " parcels in the proposed comution; and below) lo be nut In excess ot 5 I ot IhS COBtS Of th_ . ;ary ID incur bonded
IndebtBCIneastor tns t i.000,000. WHEREAS, m order to finance said portion ot Ihs costs at BIB FaellUaa i elimlnaLelhe PrtorUsn,» IB nee— '— -"—-'-' -x*.—'*-*-•*--"--•-in the amount
of not to exceed 4 NOW, THEREFORE, BE IT RESOLVED by (he Board 6t Dlreclcrfi of ths Temacula Public Financing Aulnonty os follows: , r bonded indebleclneaB within the mdartes of JBS
Dlelrica not to . . ^nclng Authority Community Paclll ..-,--, . ianefi) (tha "OStrlcfj in the Bmount of rjo ,. I to finance a portion ol ihe cosls of the Facilities, and th« coats of
llalatlve bodv for the District, mtends ~rJes ol the bonds In the ms*l-.-D, bearing Interest payable manner as this Board of Directors shall determine, leximum ralo oflntarp*! aa may
os authorized by , r -,, sale ol such ponds, snd malgflne nrtto exceed lorty (4?) years from the dali of the issuance of aald bgnda. Section 4. Tuesday, November 9,2004, at 7:00 p.m.
or as soon thereafter fts Ih'B rnAtter may bfi hearq. in Uie regular .meBtjno $&& °' ^'s Board of DireciDrs, Qfy CaStorni*. oa, anditia earns are hereby appoirjtea and fixed as tha llm'e
anfl place when and wfera this Board of DlreclorsT'aB legislative bpdjr for the Dlatnct,.wl conduct a public hearing ot\1he proposed debt BsuO Tor ihsTDIstrtct and consuSar and flijally'oetermln?
wflf?lh«r life mihllc Inlercst. cgnvgnlBncB snd newsslly re-Aulhorlty tor ih6 Dlslrlct ary Is hetaby direetad lo oaue6 notice ot sgjd public Hearing ion ana time in a newspaper of general
clroulafiori clrculsiafl u a DTilrTth: The pufillSiton Sf s«W noflce ihajlVi eomialtd at least aeVen iya befors the dafe XsreTn s«l tor said public haarlng. Tfie notice shall subally
in the tontl ol Bthibll Aliereto. Section 6. This Resolution shall take effect upon Its adoption. conneCBfl wllh Urt 9ccompli*nmeril cl said purpoa'ea and ________ iliWi of IntonUon
Bhft of Intention, as amended by t Da at Iha e Amendilsd. Inclgdlngporsons owning proparty :,-Will be hsarirupgn Ihs prOfeaed dfttfl 'emecula Public Financing Authority PUB:-Octobsr12,2004
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