HomeMy WebLinkAboutTPFA Ordinance 05-01 with Certificate
$51,250,000 TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) 2006 SPECIAL TAX BONDS CERTIFICATE REGARDING ORDINANCE The undersigned hereby
states and certifies: (i) that she is the duly appointed, qualified and acting Secretary of the Temecula Public Financing Authority, a joint powers authority duly organized and existing
under the laws of the State of California (the "Authority"), and as such, is familiar with the facts herein certified and is authorized and qualified to certify the same on behalf of
the Authority; and (ii) that attached hereto is a true, correct and accurate copy of Authority Ordinance No. TPFA 05-01, entitled "An Ordinance of the Temecula Public Financing Authority
Levying Special Taxes Within Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh4lanch)," adopted by the Board of Directors of the Authority on January
25, 2005, which ordinance has not been amended, modified, supplemented, rescinded or repealed and remains in full force and effect as of the date hereof. Dated: April 27,2006 TEMECULA
PUBLIC FINANCING AUTHORITY, for itself and on behalf of TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH)
ORDINANCE NO. TPFA 05-01 AN ORDINANCE OF THE TEMECULA PUBLIC FINANCING AUTHORITY LEVYING SPECIAL TAXES WITHIN TEI^ECULA PUBLIC FINANCING AUTHORITY COMMUNITY FAC DISTRICT NO. 03-02 (RORIPAUGH
RANCH) ! hereby certify, under the penalty of perjury that the above and foregoing is a true and correct copy of an original on deposit within the records of the City of Temecula. In
w;i.;ecs whereof, i have hereunto set my hand and affixed the sea! of the City of Temecula this.....Vo day of_ SUSAbUAWQNES, CMC, 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 the Temecula Public Financing Authority Declaring
Its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Therein -Roripaugh 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 Mello-Roos Community Facilities Act of 1982, Section 53311
et seq. of the California Government Code (the "Law"), to finance costs of certain public improvements (the "Facilities"), and to finance the costs to eliminate a fixed special assessment
lien (the "Prior Lien"); and 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, 2004 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 R:/TPFA Ords 2005/TPFA Ords 05-01
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 and the 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 Financing Authority Determining the Necessity to Incur Bonded Indebtedness Within Temecula Public Financing
Authority Community Facilities District No. 03-02 (Roripaugh Ranch) and Submitting Proposition to the Qualified Electors of the District" (the "Resolution of Necessity") and "A Resolution
of the Board of Directors of the Temecula Public Financing Authority Calling Special Election Within Community Facilities District No. 03-02 (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 authorizes and levies special taxes within the District, pursuant to the Law, at the rate and in accordance with the rate
and method of apportionment of special taxes for the District approved by the Resolution of Formation (the "Rate and Method") which Resolution is by this reference incorporated herein.
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 R:/TPFA Resos 2005/TPFA 05-01
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 collect one or more installments of the special taxes on any one or more parcels in the District by means of direct billing by the Authority of the property owners
within the District, if any of the Bonds bear interest at a variable interest rate, or otherwise if, in the judgment of the Treasurer, 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 invalid, 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. ATTEST: Susan Vv. Jones, CMC City ClfeNc/Authority Secretary Ccffrfenchero, Chairperson
I hereby certify, under the penalty of perjury that the above and foregoing is a true and correct copy ot an oriqinal on deposit within the records of the Guy at Temecula in wtaess whereof,
I have hereunto set my hand and affixed the seaj of the City of Temecuia R:/TPFA Resos 2005/TPFA 05-01
STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, 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 11 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 Authority on the 25th day of January,
2005, by the following vote: AYES: 5 NOES: 0 ABSENT: 0 ABSTAIN: 0 AGENCY MEMBERS: AGENCY MEMBERS: AGENCY MEMBERS: AGENCY MEMBERS: Edwards, Naggar, Roberts, Washington, Comerchero Susan
w. Jones, CMC City Clerk/Au/hority Secretary R:/TPFA Resos 2005/TPFA 05-01