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HomeMy WebLinkAbout04-11 TPFA Resolution I I I RESOLUTION NO. TPFA04-11 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY MAKING FINDINGS OF COMPLEXITY OF PROPOSED COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) WHEREAS, on August 24, 2004 this Board of Directors of the Temecula Public Financing Authority (the "Authority") adopted Resolution No. TPFA 04-08 and Resolution No. TPFA 04-09 (collectively, the "Resolutions of Intention"), declaring its intention to form a community facilities district to be known as the "Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch)" (the "District") under the provisions of the Mello-Roos Community Facilities Act of 1982, constituting Section 53311 et seq. of the California Government Code (the "Law"), and to incur bonded indebtedness of the District to finance various public improvements; and WHEREAS, the Resolutions of Intention 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 (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, notice of the public hearings was published more than seven days prior to the scheduled date for the hearings as required by the Law, and the public hearings were opened by this Board on November 9, 2004 and continued to November 23, 2004, and on November 23, 2004 the public hearings were again opened and continued to December 7, 2004, all in order to allow for more time for the drafting and execution of two Joint Community Facilities Agreements (the "JCFAs"), one to be among the Authority, the City of Temecula, Ashby USA, LLC ("Ashby") and the County of Riverside (the "County") and one to be among the Riverside County Flood Control and Water Conservation District (the "RCFCD"), the City of Temecula, the Authority, Ashby and the County; and WHEREAS, the terms of the JCFAs are still being negotiated among the parties interested in the formation of the District, such that additional time is needed to complete the JCFAs; and WHEREAS, Section 53325 of the Law requires that the public hearings be completed within 30 days unless this Board finds that the complexity of the proposed District or the need for public participation requires additional time, in which event the public hearings may be continued from time to time for a period not to exceed six months, and this Board now desires to make such findings. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority that the complexity of the proposed District requires additional time, such that the public hearings rescheduled pursuant to the Amending Resolution may be continued by this Board from time to time as it considers necessary in the circumstances, not to exceed six months from September 28, 2004. The Board hereby continues the public hearings to January 11, 2005, at which time the Board will hold and conclude the public hearings or, if it R:fTPFA Resas 2004fTPFA Resas 04-11 I determines that a further continuance is appropriate in the circumstances, will continue the public hearings to a date to be specified by the Board. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Public Financing Authority at a meeting held on the 7'h day of December, 2004. ATT~ST: I STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) I, Susan W. Jones, CMC, City Clerk/Authority Secretary of the Temecula Public Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. TPFA 04-11- was duly adopted at a special meeting of the Board of Directors of the Temecula Public Financing Authority on the 7th day of December, 2004, by the following vote: AYES: 5 NOES: 0 ABSENT: 0 ABSTAIN: 0 AGENCY MEMBERS: Comerchero, Roberts, Stone, Washington, Naggar AGENCY MEMBERS: None AGENCY MEMBERS: None AGENCY MEMBERS: None I R:fTPFAResas2004fTPFAResas04-11 2