HomeMy WebLinkAboutProof of Publication Notice of Public Hearing in Press Enterprise as Required by TPFA Reso 05-03
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 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; 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 Title RESOLUTION NO. TPFA 05-03 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY CALLING SPECIAL ELECTION WITHIN COMMUNITY
FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) WHEREAS, 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. 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 ) ordering the formation of the Temecula Public Financing Authority Community Facilities District No. 03-02 [Roripaugh Ranch) (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 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 of the District" (the "Resolution to Incur Indebtedness")
determining the necessity to incur bonded indebtedness in the maximum aqqreqate principal amount of $55,000,000 upon the security of the 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 establishment of the appropriations limit and the incurring of the bonded
indebtedness is to be submitted to „,~ 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"). NOW THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority Section 1. 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 2. 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. Section 3. This Board of
Directors hereby finds that fewer than 12 persons have been reqistered 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(6) 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 shaH 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 fhe close of the public hearings. Section 4. This Board of Directors hereby calls a special
election to consider the measure described in Section 2 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 theTiesolution
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
5. Pursuant to Section 53327 of the Law the election shall be conducted by mail or hand delivered ballot pursuant to the California Elections Code. This Board of Directors hereby finds
that paragraphs (a) (b), (cj (1) and (cj(3) of Section 4000 of the California Elections Code are applicable to this special election. Section 6. This Board of Directors acknowledges
that the Secretary has caused to be delivered to the qualified electors of the District 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. An envelope to be be usecl
to return the respective ballot was enclosed with the ballot, had the return postage prepaid, and contained the following: (a) the name and address of the applicable 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 conlains an official ballot and is to be opened only by the Secretary. * ' Analysis and arguments with respect to the ballot measures were waived by the landowners
in their petitions to form the District as well as in their voted ballots, as permitted by Section 53327(b) of the Law. Section 7. 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. Mo(90 K. . ,_ .,-. 1 -. -fJtitions previously submittedTytte landow'he'fs1 in the District each
contain an acknowledgment 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. Accordinqly this Board of Directors finds and determines that the qualified electors have been fully apprised of and have aqreed 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. 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^
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 bv Section 53411 of the California Government Code. Section 10. 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. 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 Corherchero,
Chairperson ATTEST: Susan W. Jones, CMC, City Clerk/Authority Secretary [SEAL]
STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA L Susan W. Jones. CMC, City Clerk/Authority Secretary, of the Temecula Public Financing Authority, HEREBY DO CERTIFY that the
foregoing Resolution No. TPFA 05-03 was duly adopted at a special meeting of the Board of Directors of the Temecula Public Financing Authority on the 1 1th day of January, 2005, by the
following vote: AYES: 4 NOES: 0 ABSENT: 0 ABSTAIN: 0 AGENCY MEMBERS AGENCY MEMBER.1" AGENCY MEMBER! AGENCY MEMBER: Naggar, Roberts, Washington, Comerchero " • --None None Susan W. Jones,
CMC, City Clerk/Authority Secretary EXHIBIT A TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) OFFICIAL BALLOT Special Tax and Bond Election
(January 11 , 2005) 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 Publjc Financing Authority (the "Authority1')
incur an indebtedness and issue bonds in one or more series in the maximum aggregate principal amount of $55,000,000, 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. 03-02 (Roripaugh Ranch) (the "District"),
the proceeds of which will be used only to finance the costs of certain public improvements and of eliminating a fixed special assessment lien as specified in the Resolution of Formation
of the District and the costs of issuing the bonds, initially administering the ---------,.. ----»_, -----------u --------,., ---------u ,b o--n-d--s ,a.. n,_d — th e nD(ijsst rwicjtth
ains ,wh elDl iasstr itcht eb ee stetavjbedli sahnmneuan|t| yof ..... rincipal and interest upon such bonds to __ __________ ._ replenish the reserves tor 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 $55,000,000? Yes: No:
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. Number of Votes: Property Owner: PUB: January
20, 2005