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HomeMy WebLinkAbout2022-13 TPFA ResolutionRESOLUTION NO. TPFA 2022-13 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF ANNEXATION OF TERRITORY TO ZONE 1 OF THE TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 16-01 (RORIPAUGH RANCH PHASE 2), AUTHORIZING THE LEVY OF A SPECIAL TAX THEREIN AND SUBMITTING LEVY OF SPECIAL TAX TO THE QUALIFIED ELECTOR THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. On August 23, 2022, the Board of Directors of the Temecula Public Financing Authority (the "Authority"), adopted its Resolution No. TPFA 2022-12 (the "Resolution of Intention") stating its intention to annex territory to Zone 1 of the Temecula Public Financing Authority Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2) (the "CFD"), pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the "Act"). Section 2. A copy of the Resolution of Intention, incorporating a description and map of the proposed boundaries of the territory to be annexed to Zone 1 of the CFD and stating the facilities to be financed by the CFD and the rate and method of apportionment of the special tax to be levied on property in the CFD to pay for the facilities and/or the principal and interest on bonds issued for the CFD, is on file with the Secretary and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein. Section 3. On the date hereof, the Board of Directors of the Authority held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to Zone 1 of the CFD, and at the hearing all interested persons desiring to be heard on all matters pertaining to the annexation of territory to Zone 1 of the CFD and the levy of special taxes within the area proposed to be annexed were heard and a full and fair hearing was held. Section 4. Prior to the closing of the public hearing, no written or oral protests had been made against the proposed annexation of territory to the CFD by (i) any registered voter residing in the existing territory of the CFD, or (ii) any registered voter residing in the territory proposed to be annexed to the CFD, or (iii) any of the owners of land in the existing territory of the CFD, or (iv) any of the owners of land in the territory proposed to be annexed to the CFD. Section 5. All prior proceedings taken by the Board of Directors of the Authority with respect to the CFD and the proposed annexation of territory thereto have been duly considered and are hereby determined to be valid and in conformity with the Act, and the CFD has been validly established pursuant to the Act. Section 6. The boundaries of the territory to be annexed to the CFD, as described on the Proposed Annexation No. 1 Boundary Map on file with the Secretary and heretofore recorded on August 25, 2022 at 12:35 p.m. in the Riverside County Recorder's Office in Book 89 at page 52 of Maps of Assessment and Community Facilities District (Document No. 2022-0372096), are hereby finally approved, and said territory is hereby ordered annexed to Zone 1 of the CFD, subject to voter approval of the levy of the special taxes therein as hereinafter provided. Section 7. Pursuant to the provisions of the Act, the proposition of the levy of the special tax within the territory to be annexed to Zone 1 of the CFD shall be submitted to the qualified elector of the area to be annexed to the CFD at an election called therefor as hereinafter provided. Section 8. The Board of Directors of the Authority hereby finds that fewer than 12 persons have been registered to vote within the territory proposed to be annexed to the CFD for each of the 90 days preceding the close of the public hearing heretofore conducted and concluded by the Board of Directors of the Authority for the purposes of these annexation proceedings. Accordingly, and pursuant to Section 53326 of the Act, the Board of Directors of the Authority finds that the sole qualified elector for purposes of the annexation election is the owner of all of the land within the territory proposed to be annexed to the CFD and that the vote shall be by said landowner, having one vote for each acre or portion thereof such landowner owns in the territory proposed to be annexed to the CFD. Section 9. The Board of Directors of the Authority hereby calls a special election to consider the measure described in Section 7 above, which election shall be held in the Temecula City Council chambers immediately following adoption of this Resolution. The Secretary is hereby designated as the official to conduct said election. It is hereby acknowledged that the Secretary has on file a copy of the Resolution of Intention, a copy of the map of the proposed boundaries of the territory to be annexed to the CFD, and a sufficient description to allow the Secretary to determine the boundaries of the territory to be annexed to the CFD. The voted ballot shall be returned to the Secretary no later than immediately following the adoption of this Resolution; and when the sole qualified elector has voted the election shall be closed. Section 10. Pursuant to Section 53327 of the Act, the election shall be conducted by hand - delivered ballot pursuant to the California Elections Code. The Board of Directors of the Authority acknowledges that the Secretary has caused to be delivered to the sole qualified elector of the territory to be annexed to the CFD a ballot in the form set forth in Exhibit "A" hereto. The ballot indicated the number of votes to be voted by the landowner. The ballot was accompanied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return the ballot was enclosed with the ballot, had the return postage prepaid, and contained the following: (a) the name and address of the 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 contains an official ballot and is to be opened only by the canvassing board. Section 11. The Secretary shall accept the ballot of the qualified elector in the Temecula City Council chambers upon and prior to the adoption of this Resolution, whether the ballot is 2 F-� personally delivered or received by mail. The Secretary shall have available a ballot which may be marked at said location on the election day by the qualified elector. Section 12. The Board of Directors of the Authority hereby further finds that the provisions of Section 53326 of the Act requiring a minimum of 90 days following the adoption of this Resolution to elapse before said special election is for the protection of the qualified elector of the territory to be annexed to the CFD. The ballot to be executed by the sole qualified elector of the area to be annexed to the CFD contains a waiver of any time limit pertaining to the conduct of the election and a waiver of any requirement for ballot measure analysis and arguments in connection with the election. Accordingly, the Board of Directors of the Authority finds and determines that to the extent that the qualified elector submits its ballot, the qualified elector will have been fully apprised of and will have agreed to the shortened time for the election and waiver of ballot measure analysis and arguments, and will have thereby been fully protected in these proceedings. The Board of Directors of the Authority also finds and determines that the Secretary has concurred in the shortened time for the election. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 27th day of September, 2022. ATTE . ands ecretary [SEAL] Matt Rahn, Chair 1 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 2022-13 was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 27`h day of September, 2022, by the following vote: AYES: 5 BOARD MEMBERS: Alexander, Edwards, Rahn, Schwank, Stewart NOES: 0 BOARD MEMBERS: None ABSTAIN: 0 BOARD MEMBERS: None ABSENT: 0 BOARD MEMBERS: None Randi Johl, Secretary 4 EXHIBIT A TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 16-01 (RORIPAUGH RANCH PHASE 2) OFFICIAL BALLOT ANNEXATION ELECTION (September 27, 2022) This ballot is for the special, landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the Secretary of the Temecula Public Financing Authority no later than immediately after adoption of the resolution of the Board of Directors of the Authority calling said election, either by mail or in person. To vote, mark a cross (X) in 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 Public Financing Authority, by and for the Temecula Public Financing Authority Community Facilities District No. 16- 01 (Roripaugh Ranch Phase 2) (the "District"), be YES: authorized to levy special taxes within the territory being annexed to Zone 1 of the District pursuant to and as NO: described in Resolution No. TPFA-2022-12, adopted by the Board of Directors of the Temecula Public Financing Authority on August 23, 2022? By execution in the space provided below, you also confirm your waiver of any time limit pertaining to the conduct of the election and any requirement for notice of election and 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: 32 Property Owned by Property Riverside County Assessor's Parcel Nos. Owner: 964-640-015 and 964-640-016 A-1 1 1 Property Owner: Woodside 05S, LP, a California limited partnership By: WDS GP, Inc. a California corporation, its general partner Name: Title: A-2