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HomeMy WebLinkAboutProof of Publication Notice of Public Hearing in Press Enterprise as Required by TPFA Reso 05-02 PROOF OF PUBLICATION (2015.5 C.C.P.) 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 CAIIFORNIAN 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; that 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 in any supplement thereof, on the following dates, to wit: January 20 2005 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at TEMECULA, CALIFORNIA, this 20th day of January, 2005 SignatureLegal Advertising Representative Tide RESOLUTION NO. TPFA 05-02 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. 03-02 (RORIPAUGH RANCH) AND SUBMITTING PROPOSITION TO THE QUALIFIED ELECTORS OFTHE DISTRICT WHEREAS, on August 24,2004. this Board of Directors 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 ) stating its intention to form the Temecula Public Financing Authority Community Facilities District No. 03-02 (RoripaugTi Ranch) (the "District"), pursuant to the Mello-Roos Community Facilities Act of 1982, California Government Code Section 53311 et seq. (the "Law"), to fund a portion of the costs of certain public improvements (the "Facilities") and the cost to eliminate a fixed special assessment lien (the "Prior Lien"), secured by a special tax lien on parcels in the District, as described therein; and (Roripaugh Ranch) (the "Resolution of Intention to Incur Indebtedness") stating its intention to incur bonded indebtedness within the boundaries of the District for the purpose of financing the costs of the Facilities and the elimination of the Prior Lien; and WHEREAS, the Resolution of Intention and the Resolution of Intention to Incur Indebtedness called for public hearings on the District to be held on September 28, 2004; and WHEREAS, on September 28, 2004, this Board of Directors adopted a Resolution amending the Resolution of Intention and the Resolution of Intention to Incur Indebtedness (the "Amending Resolution" to add additional facilities eligible to be funded by the District and to change the date of the public hearings hearings from September 28, 2004 to November 9, 2004; and WHEREAS, on November 9, 2004, this Board of Directors opened the public hearing and continued the public hearing to November 23, 2004, on November 23, 2004 this Board of Directors opened the continued public hearing and again continued the public hearing to December 7, 2004; and WHEREAS, on December 7, 2004, this Board of Directors opened the continued public hearing and adopted a resolution making findings of complexity of the District, ancf then continued the public hearing to January 11, 2005; and WHEREAS, on this date, this Board of Directors held the public hearing as required by the Law and the Resolution of Intention relative to the determination to proceed with the formation of the District, the provision by the District of funds to pay a portion of the costs of the Facilities and the elimination of the Prior Lien, and the rate and method of apportionment of the special tax to be levied within the District to pay the principal and interest on on the proposed indebtedness and the administrative costs of the Authority and the City of Temecula relative to the District; and WHEREAS, at the hearing all persons desjring to be heard on all matters pertaining to the formation of the District, the provision of funds to pay a portion of the costs of the Facilities and of the eliminatipn of the Prior Lien, and the levy of the special tax on property within the District, were heard and a full and fair hearing was held; and WHEREAS, subsequent to the hearing, 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. 03-02 (Roripaugh Ranch), 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"); and WHEREAS, on this date, this Board of Directors held the continued public hearing as required by the Law relative to the matters material to the questions set forth in the Resolution of Intention to Incur Indebtedness; and WHEREAS, no written protests with respect to the matters material to the questions set forth in the Resolution of Intention to Incur Indebtedness have been filed with the Secretary. NOW THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority Section 1. The foregoing recitals are true and correct. Section 2. This Board of Directors deems it necessary to incur bonded indebtedness in the maximum aggregate principal amount of $55,000,000 within the boundaries of the District. Section 3. The indebtedness is incurred for the purpose of financing the costs of the Facilities and the costs of eliminating the Prior Lien, as provided in the Resolution of Formation including, but not limited to, the costs of issuing and selling bonds to finance costs of the Facilities, the costs of eliminating the Prior Lien and the initial costs of the Authority and the City of Temecula in administering the District. Section 4. The whole of the District shall pay for the bonded indebtedness through the levy of the special tax. The special tax is to be apportioned in accordance with the Rate and Method set forth in Exhibit B to the Resolution of Intention. Section 5. The maximum amount of bonded indebtedness to be incurred is $55,000,000 and the maximum term of the bonds to be issued shall in no event exceed forty (40) years. Section 6. The bonds shall bear interest at a rate or rates not to exceed the maximum interest rate permitted by applicable law at the time of sale of the bonds, payable weekly, semiannually or in such other manner as this Board of Directors or its designee shall determine, the actual rate or rates and times of payment of such interest to be determined by this Board of Directors or its designee at the time or times of sale of the bonds. Section 7. The proposition of incurring the bonded indebtedness herein authorized shall be submitted to the qualified electors of the District and shall be consolidated with elections on the proposition of levying special taxes within the District and the establishment of an appropriations limit for the District pursuant to Section 53353.5(a) of the Law. The time, place and conditions of said election shall be as specified by separate resolution of this Board of Directors. Section 8. This Resolution shall take effect upon its adoption. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Public Financing Authority at a meeting held on the 11th day of January, 2005. Jeff Comerchero, Chairperson ATTEST: Susan W. Jones, CMC, City Clerk/Authority Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA \ Susan W. Jones CMC, City Clerk/Authority Secretary of the Temecula Public Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. TPFA 05-02 was duly adopted at a special meeting of the Board of Directors of the Temecula Public Financing Authority on the 11 th day of January, 2005, by the following vote' AYES: 4 NOES: 0 ABSENT: 0 ABSTAIN: 0 AGENCY MEMBERS: Naggar, Roberts, Washington, Comerchero AGENCY MEMBERS: None AGENCY MEMBERS: None AGENCY MEMBERS: None Susan W. Jones, CMC, City Clerk/Authority Secretary