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HomeMy WebLinkAbout2022-14 TPFA ResolutionRESOLUTION NO. TPFA 2022-14 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING RESULTS OF SPECIAL ANNEXATION ELECTION, DETERMINING VALIDITY OF PRIOR PROCEEDINGS, DIRECTING RECORDING OF AMENDMENT TO NOTICE OF SPECIAL TAX LIEN AND APPROVING SECOND AMENDMENT TO ACQUISITION AGREEMENT THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. In proceedings conducted by the Board of Directors of the Temecula Public Financing Authority (the "Authority") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the "Act"), the Board of Directors of the Authority has adopted a Resolution entitled "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 "Resolution of Annexation"), which called for a special election of the sole landowner elector in the territory of land proposed to be annexed to Zone 1 of the Temecula Public Financing Authority Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2) (the "CFD"). Section 2. Pursuant to the terms of the Resolution of Annexation, which is by this reference incorporated herein, the special election has been held and the Secretary has filed a Canvass and Statement of Result of Election, a copy of which is attached hereto as Exhibit A, and the Board of Directors of the Authority has reviewed the canvass and hereby approves it. Section 3. The issue presented at the special election was the levy of a special tax within the territory annexed to Zone 1 of the CFD, to be levied in accordance with the rate and method of apportionment of special tax for the CFD heretofore approved by the Board of Directors of the Authority, all as described in Resolution No. TPFA 2022-12, 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," adopted by the Board of Directors of the Authority on August 23, 2022. Section 4. Pursuant to the Canvass on file with the Secretary, the issue presented at the special election was approved by the sole owner of the territory annexed to the CFD at the special election. 1 Section 5. Pursuant to the voter approval, the annexed territory is hereby declared to be fully annexed to and part of Zone 1 of the CFD and the Board of Directors of the Authority may levy special taxes therein as heretofore provided in these proceedings. Section 6. It is hereby found that all prior proceedings and actions taken by the Board of Directors of the Authority with respect to the CFD and the territory annexed thereto were valid and in conformity with the Act. Section 7. Within 15 days of the date of adoption hereof, the Secretary shall execute and cause to be recorded in the office of the County Recorder of the County of Riverside, a First Amendment to Notice of Special Tax Lien, in the form provided by Bond Counsel and otherwise as required by Section 3117.5 of the California Streets and Highways Code. Section 8. As a consequence of the annexation of territory to the CFD, and the increase in the taxing capacity of the CFD, the Authority expects to consider the issuance of additional special tax bonds for the CFD. The Second Amendment to Acquisition Agreement (the "Second Amendment") related to the use of proceeds of special tax bonds that may be issued by the Authority for the CFD to acquire certain of the facilities authorized to be funded by the CFD, between the Authority and Woodside 05S, LP, in the form presented to the Board of Directors at this meeting, is hereby approved. The Executive Director is hereby authorized, for the Authority on behalf of the CFD, to execute and deliver the Second Amendment in said form, with such additions thereto or changes therein as are deemed necessary, desirable or appropriate by the Executive Director upon consultation with the Authority's General Counsel and Bond Counsel, the approval of such changes to be conclusively evidenced by the execution and delivery by the Executive Director of the Second Amendment. It is expressly acknowledged that the approval of the Second Amendment does not obligate the Authority to issue any additional special tax bonds for the CFD. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 27ffi day of September, 2022. Matt Rahn, Chair ATTEST: Randi Johl, ecretary [SEAL] 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 2022-14 was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 271h 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 r� 1 EXHIBIT A TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 16-01 (RORIPAUGH RANCH PHASE 2) ANNEXATION ELECTION CANVASS AND STATEMENT OF RESULT OF ELECTION I hereby certify that on this date, I canvassed the returns of the election held on this date in the territory annexed to the Temecula Public Financing Authority Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2) which election is designated as the Annexation Election, and the total number of ballots cast in the territory to be annexed and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct: Qualified Landowner Votes Votes Cast YES NO Temecula Public Financing Authority Community Facilities District No. 16-01 Annexation Election, September 27, 2022. 32 32 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 authorized to levy special taxes within the territory being annexed to Zone 1 of the District pursuant to and as described in Resolution No. TPFA 2022-12 adopted by the Board of Directors of the Temecula Public Financing Authority on August 23, 2022? IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 27th day of September, 2022. TEMECULA PUBLIC FINANCING AUTHORITY di Johl, Secretary A-1