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HomeMy WebLinkAbout2022-12 TPFA ResolutionRESOLUTION NO. TPFA 2022-12 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF INTENTION TO ANNEX TERRITORY TO THE TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 16-01 (RORIPAUGH RANCH PHASE 2) AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Board of Directors of the Temecula Public Financing Authority (the "Authority") has formed the Temecula Public Financing Authority Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2) (the "CFD") pursuant to the provisions of the Mello -Roos Community Facilities Act of 1982, as amended, constituting Section 53311 et seq. of the California Government Code (the "Act") and Resolution No. TPFA 16-04 adopted by the Board of Directors of the Authority on April 26, 2016 (the "Resolution of Formation"), for the purpose of financing certain public improvements, as further provided in the Resolution of Formation; and Section 2. The Authority has received a Petition (Including Waivers) from Woodside 05S, LP, a California limited partnership (the "Petition") requesting that the Authority, among other matters, annex property identified in the Petition to Zone 1 of the CFD. Section 3. Under the Act, the Board of Directors of the Authority, as the legislative body for the CFD, is empowered with the authority to annex territory to the CFD, and now desires to undertake proceedings to annex territory to Zone 1 of the CFD. Section 4. The Board of Directors of the Authority hereby finds and determines that public convenience and necessity require that territory be annexed to Zone 1 of the CFD. Section 5. The name of the CFD is Temecula Public Financing Authority Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2). Section 6. The territory included in the CFD is as shown on the boundary map of the CFD recorded on March 30, 2016 at 2:34 p.m. in Book 79 of Maps of Assessment and Community Facilities Districts at Page 53 (instrument no. 2016-123495) in the Office of the County Recorder for the County of Riverside, to which map reference is hereby made. The territory now proposed to be annexed to the CFD is as shown on the Proposed Annexation No. 1 Boundary Map, on file with the Secretary of the Authority, the boundaries of which territory are hereby preliminarily approved and to which map reference is hereby made for further particulars. The Secretary of the Authority is hereby directed cause to be recorded said Proposed Annexation Map No. 1 Boundary Map in the office of the County Recorder of the County of Riverside within fifteen days of the date of adoption of this Resolution. Section 7. The types of public facilities to be financed by CFD and pursuant to the Act consist of those facilities (the "Facilities") described in Exhibit A to the Notice of Special Tax Lien recorded in the Riverside County Recorder's Office on May 4, 2016, as Document No. 2016- 0180604 (the "Notice of Special Tax Lien"). It is presently intended that the Facilities will relate to the existing territory in the CFD and the territory proposed to be annexed to the CFD. Section 8. Except to the extent that funds are otherwise available to the CFD to pay for the Facilities and/or the principal and interest as it becomes due on bonds of the CFD issued for the CFD to finance the Facilities, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the CFD (including the property being annexed thereto), will be levied annually within the CFD and collected in the same manner as ordinary ad valorem property taxes, or in such other manner as this Board 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 Zone 1 of the CFD, as now in existence and following the annexation proposed herein, in sufficient detail to allow each landowner within the territory proposed to be annexed to the CFD to estimate the maximum amount such owner will have to pay, are described in Exhibit B to the Notice of Special Tax Lien. Section 9. Tuesday, September 27, 2022 at 6:00 o'clock p.m., or as soon thereafter as the matter may be heard, in the regular meeting place of the Board of Directors of the Authority, the City Council Chambers at 41000 Main Street, Temecula, California, are hereby designated as the time and place when and where the Board of Directors of the Authority, as legislative body for the CFD, will conduct a public hearing on the annexation of territory to the CFD and consider and finally determine whether the public interest, convenience and necessity require the annexation of territory to Zone 1 of the CFD and the levy of said special tax on the property therein. Section 10. The Secretary of the Authority is hereby directed to cause notice of the public hearing to be given by publication one time in a newspaper of general circulation in the area of the CFD. The publication of said notice shall be completed at least seven days before the date set for the public hearing. The notice shall be substantially in the form attached hereto as Exhibit A. 1 PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 23`d day of August, 2022. ATTEST: Randi ftrlecretary [SEAL] 1 1 Matt Rahn, Chair I 1 E STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 2022-12 was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 23rd day of August, 2022, by the following vote: AYES: 4 BOARD MEMBERS: NOES: 0 BOARD MEMBERS: ABSTAIN: 0 BOARD MEMBERS: ABSENT: 1 BOARD MEMBERS: Edwards, Rahn, Schwank, Stewart None None Alexander Randi Johl, Secretary 1 EXHIBIT A NOTICE OF PUBLIC HEARING Temecula Public Financing Authority Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2) Annexation No. 1 Notice is hereby given by the Temecula Public Financing Authority (the "Authority") with respect to its Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2) (the "District"), that on August 23, 2022, the Board of Directors of the Authority, as the legislative body for the District, adopted a resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority of Intention to Annex Territory to the Temecula Public Financing Authority Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2) and to Authorize the Levy of Special Taxes Therein" (the "Resolution of Intention"). Reference is hereby made to the Resolution of Intention on file with the Secretary of the Authority for further particulars. The following is a summary of the provisions of the Resolution of Intention. Pursuant to the Resolution of Intention, the Board of Directors of the Authority determined that the public convenience and necessity require that certain territory, as more particularly described in the Resolution of Intention, be annexed to Zone 1 of the existing District, all as provided in the Mello -Roos Community Facilities Act of 1982, as amended (Sections 53311 et seq., California Government Code) (the "Act"). The Resolution of Intention provides that the special taxes heretofore caused to be levied in Zone 1 of the District shall be levied in the territory proposed to be annexed to the District, subject to public hearing and landowner election proceedings as specified in the Act. Notice is further given that Tuesday, September 27, 2022, at the hour of 6:00 o'clock p.m., or as soon thereafter as the matter may be heard, in the regular meeting place of the Board of Directors of the Authority, City Council Chambers located at 41000 Main Street, Temecula, California, are the time and place when and where the Board of Directors of the Authority, as the legislative body for the District, will conduct a public hearing on the annexation of the territory described in the Resolution of Intention to Zone 1 of the District and finally consider and determine whether the public convenience and necessity require the annexation of said territory to Zone 1 of the District and the levy of special taxes on the property therein. Notice is further given that at the hearing the testimony of all interested persons for and against the annexation of said territory to Zone 1 of the District or the levying of special taxes on the property within the territory proposed to be annexed will be heard. /s/ Randi Johl Secretary, Temecula Public Financing Authority A-1