HomeMy WebLinkAboutProof of Publication TPFA Ordinance 05-01 in The Californian
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 29 2005 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at TEMECULA, CALIFORNIA, this 31st day of January, 2005 I /--7/'
; i/ifi'iiW tC&yjf}^ K SignatureLegal Advertising Representative Title ORDINANCE TPFA 05-01 City of Temecula CITY OF TEMECULA ORDINANCE NO. TPFA 05-01 AN ORDINANCE OF LEVYING SPECI/AUTHORITY
RITY ING (RORIPAUGH RANCH) WHEREAS, on August 24, 2004, this Board of Directors of the Temecula Public Financing Authority (the "Authority") adopted a resolution entitled "A Resolution
of the Board of Directors of tha Temecula Public Financing Authority Declaring Its Intention to Establish a Community Facilities District andlo Authorize the Levy of Special Taxes Therein
-Roripaugn Ranch" (the "Resolution of Intention"), stating its intention to establish the Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch)
pursuant to the Melfo-Roos Commu-Lien"); and spe i (the ' WHEREAS, the Resolution of Intention called for a public hearing 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 (the "Amending Resolution") to add additional facilities eligible to be funded
by the District and to change the date of the public hearing 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, 201)4 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,
and then continued the public hearing to January 11, 2005; and WHEREAS, notice was published as required by the Law of the public hearing called pursuant to the Resolution of Intention
relative to the intention of this Board of Directors to form the District and to provide for the costs of the Facilities, and the costs to eliminate the Prior Lien; and WHEREAS, on January
11, 2005 this Board of Directors held the continued public hearing as required by Law relative to the determination to proceed with the formation of the District and the Rate and Method;
and WHEREAS, at the public hearing, all persons desiring, to be heard on all matters pertaining to the formation of the District and the levy of special taxes in the District were heard,
substantial evidence was presented and considered by this Board of Directors and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, this Board of Directors adopted
resolutions 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 ancfthe Establishment of the Appropriations Limit to the Qualified Electors of the District" (the "Resolution of Formation"), "A Resolution of the Board of Directors of the
Temecula Public Fi-(the Resolution of Necessity^ ancf " A Resolution of the Board of Directors of the Temecula Public Financing Authority Calling Special Election Within Community Facilities
District No. 03-OZ (Roripaugh Ranch)", which resolutions established the District authorized the levy of a special tax with the District, and called an election within the District on
the proposition of incurring indebtedness, levying a special tax and establishing an appropriations limit within the District, respectively; and WHEREAS, on January 11, 2005 an election
was held within the District in which only one of the eligible landowner electors voted, and the landowner voted in favor of said propositions. NOW, THEREFORE, the Board of Directors
of the Temecula Public Financing Authority ordains as follows: Section 1 . By the passage of this Ordinance this Board of Directors hereby au special ta with the r the District approved
by the Resolution of Formation (the "Rate and Method") which the rate taxes for . thorizes and levies taxes within the District, pursuant to the Law, at th and in accordance rate and
method of apportionment of special tax Resolution is by this reference incorporated herejn. The special taxes are hereby levied commencing in the current fiscal year and in each fiscal
year thereafter until payment in full of any bonds issued by the Authority for the District (the "Bonds") as contemplated by the Resolution of Formation and the Resolution of Necessity,
and payment in full all costs of administering the District. Section 2. The Authority Treasurer is hereby authorized and directed each fiscal year to determine the specific special tax
rate and amount to be levied for each parcel of real property within the District, in the manner and as provided in the Resolution of Formation. Section 3. Properties or entities of
the State, federal or local governments shall be exempt from any levy of the special taxes, to the extent set forth in the Rate and Method attached as Exhibit B to the Resolution of
Intention. In no event shall the special taxes be levied on any parcel within the District in excess of the maximum tax specified in the Rate and Method. Section 4. All of the collections
of the special tax shall be used as provided for in the Law and in the Resolution of Formation including the payment of principal and interest on the Bonds the replenishment of the reserves
for the Bonds, the payment of the costs of the Authority and the City of Temecula in administering the District, and the costs of collecting and administering the special tax. Section
5. The special taxes shall be collected from time to time as necessary to meet the financial obligations of the District on the secured real property tax roll in the same manner as ordinary
ad valorem taxes are collected. The special taxes shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided
for ad valorem taxes. In addition, the provisions of Section 53356.1 of the California Government Code shall apply to delinquent special tax payments. The Treasurer is hereby authorized
and directed to provide all necessary information to the auditor/tax collector of the County of Riverside and to otherwise take all actions necessary in order to effect proper billing
and collection of the special tax so that the special tax shall be levied and collected in sufficient amounts and at the times necessary to satisfy the financial obligations of the District
in each fiscal year until the Bonds are paid in full and provision has been made for payment of all of the administrative costs of the District.
Notwithstanding the foregoing, the Treasurer may collections orjnore installments Bonds ucal II lid col ai a vai lauic II iidtpoi laip. wi uuid vvioc* n, in u jc; [unwind u ui u ii3
M®asurer, such means of collection will reduce the administrative burden on the Authority in administering the District or is otherwise appropriate in the circumstances. In such event,
the special taxes shall become delinquent if not paid when due as set forth in any such respective billing to the applicable property owners. • ?< Section 6. If for any reason any portion
of this Ordinance is found to be invalidj'or if the special tax is found inapplicable to any particular parcel within the District'by a Court of competent jurisdiction, the balance of
this Ordinance, and the application of the special tax to the remaining parcels within the District shall not be affected. INTRODUCED, and the first reading occurred on January 11, 2005;
and PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Public Financing Authority at a meeting held on the 25th 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 L Susan W. Jones, CMC, City Clerk/Authority Secretary
of the Temecula Public Financing Authority, HEREBY DO CERTIFY that the foregoing Ordinance No. TPFA 05-01 was duly introduced and placed upon its first reading at a regular meeting of
the Temecula Public Financing Authority on the 11th day of January, 2005, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the Board of Directors
of the Temecula Public Financing AutnoBty on the 25th day of January, 2005, by the following vote: j AYES: 5 AGENCY MEMBERS: Edwards, Naggaf, Roberts, Washington, Comerchero i NOES:
0 AGENCY MEMBERS^ ; ABSENT: 0 AGENCY MEMBERS: ABSTAIN: 0 AGENCY MEMBERS: £ Susan W. Jones, CMC City Clerk/Authority Secretary PUB: January 29, 2005^ ^