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HomeMy WebLinkAbout98-01 WIA ResolutionRESOLUTION NO. WIA 98-01 A ~LIYHON OF TH!Z~ BOARD OF DIRECTORS OF ~ WESTSIDE IMPROVEMENT AIYrHO~ OF CONSIDERATION TO ALTER THE FACILITIES TO BE FINANCED BY THF~ WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACHATIES DISTRICT NO. 1 (ROGERSDALF. AREA) WHEREAS, on this date, the Board of Directors of the Westside Improvemere Authority (the "Authority") adopted a resolution forming the Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area) (the "District"), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"); and wm~REAS, the proponent of the District, Trigger Entertainment and Sports LLC, has proposed that the District finance certain flood control, water system and sewer improvements (the "Additional Improvements") that are expected to be owned, upon completion, by the Riverside County Flood Control and Water Conservation District, the Rancho California Water District and the Eastern Municipal Water District, respectively (collectively, the "Participating Agencies"); and wmz~AS, Section 53316.2 of the Act requires that the Authority enter into a joint community facilities agreement with any entity that will own public improvements to be financed by the District prior to the adoption of a resolution of change to alter the facilities to be financed by the District to include such facilities; and ~, the Authority anticipates entering into one or more joim community facilities agreements with one or more of the Participating Agencies during the next thirty days; and ~S, the Authority now desires to undertake proceedings to alter the facilities to be finawed by the District in order to be in a position to adopt a resolution of change to alter the facilities to be financed by the District as soon as possible following the execution of such joint community facilities agreements. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Westside Improvement Authority as follows: Section 1. The Board of Directors hereby fads and determines that public convenience and necessity require that the facilities to be financed by the District be altered. Section 2. The name of the District is "Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area)." Resos/WIA 98-01 I · Section 3. The territory included in the District is as shown on the first amended boundary map of the District on file in the office of the Secretary of the Authority. Section 4. It is proposed that the facilities to be financed by the District he altered to include flood control, water system and sewer improvements within or in the vicinity of the District to be owned and/or operated by one or more of the Participating Agencies, including all related appurtenances and design, engineering and other related costs. The specific facilities to he included shall be specified in joim community facilities agreements to he entered into by the Authority and the Participating Agencies prior to adoption of the resolution of change to alter the facilities to be finamed by the District to include all or a portion of the Additional Improvements. Section 5. Tuesday, February 24, 1998, at 7:00 p.m., in the regular meeting place of the Authority, City Council Chambers, 43200 Business Park Drive, Temecula, California, be, and the same are hereby appointed and fixed as the time and place when and where the Board of Directors of the Authority, as legislative body for the District, will conduct a public hearing on the proposed alteration to the facilities to be financed by the District. Section 6. The City Clerk in her capacity as Secretary to the Authority, is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be in the form of Exhibit A hereto. Section 7. The officers and employees of the Authority are hereby authorized and directed to take all actions and do all things which they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof. Section 8. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVEr~ AND ADOPTED, by the Board of tors of the Westside Improvement Authority at a regular meeting held on the 13th day o/~'~uary, 1998~ rd,' Chairperson ATTEST: [SEAL] R~aoa/WIA 98-01 2 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA I, June S. Greek, Secretary of the Westside Improvement Authority, HEREBY DO CERTIFY that the foregoing Resolution No. WIA 98- 01 was duly adopted at a regular meeting of the Board of Directors of the Westside Improvement Authority on the 13th day of January, 1998, by the following roll call vote: AYES: 4 BOARDMEMBERS: NOES: 0 BOARDMEMBERS: ABSTAIN: 1 BOARDMEMBERS: Stone ~lerk/Auth0fit~ Secretary Resoa/WIA 98-01 3 EXlIIBIT A NOTICE OF PUBLIC 1tEARING WESTSIDE IMPROVEMENT AUTHORITY Community Facilities District NO. 1 (ROGERSDALE AREA) Notice is hereby given that on January 13, 1998, the Board of Directors of the Westside Improvement Authority adopted a Resolution entitled "A Resolution of the Board of Directors of the Westside Improvement Authority of Consideration to Alter the Facilities to be Financed by the Westside Improvement Authority Community Facilities District No. I (RogersDale Area)." Pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act") the Board of Directors of the Westside Improvement Authority hereby gives notice as follows: A. The text of said Resolution of Consideration is as follows: ~S, on this date, the Board of Directors of the Westside Improvement Authority (the "Authority") adopted a resolution forming the Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area) (the "District"), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"); and W!~REAS, the proponent of the District, Trigger Entertainment and Sports LLC, has proposed that the District finance certain flood control, water system and sewer improvements (the "Additional Improvements") that are expected to be owned, upon completion, by the Riverside County Flood Control and Water Conservation District, the Rancho California Water District and the Eastern Municipal Water District, respectively (collectively, the "Participating Agencies"); and Wi~REAS, Section 53316.2 of the Act requires that the Authority enter into a joint community facilities agreement with any entity that will own public improvements to be financed by the District prior to the adoption of a resolution of change to alter the facilities to be financed by the District to include such facilities; and W!~'~Fa~, the Authority anticipates entering into one or more joint community facilities agreements with one or more of the Participating Agencies during the next thirty days; and WI~I~EAS, the Authority now desires to undertake proceedings to alter the facilities to be financed by the District in order to be in a position to adopt a resolution of change to alter the facilities to be financed by the District as soon as possible following the execution of such joint community facilities agreements. NOW, TmZ. REFORE, BE IT RESOLVED by the Board of Directors of the Westside Resos/WIA 98-01 4 Improvement Authority as follows: Section 1. The Board of Directors hereby finds and determines that public convenience and necessity require that the facilities to be financed by the District be altered. Section 2. The name of the District is 'Westside Improvement Authority Community Facilities District No. I (RogersDale Area).' Section 3. The territory included in the District is as shown on the first amended boundary map of the District on file in the office of the Secretary of the Authority. Section 4. It is proposed that the facilities to be financed by the District be altered to include flood control, water system and sewer improvements within or in the vicinity of the District to be owned and/or operated by one or more of the Participating Agencies, including all related appurtenances and design, engineering and other related costs. The specific facilities to be included shall be specified in joint community facilities agreements to be entered into by the Authority and the Participating Agencies prior to adoption of the resolution of change to alter the facilities to be finmraxt by the District to include all or a portion of the Additional Improvements. Section $. Tuesday, February 24, 1998, at 7:00 p.m., in the regular meeting place of the Authority, City Council Chambers, 43200 Business Park Drive, Temecula, California, be, and the same are hereby appointed and fixed as the time and place when and where the Board of Directors of the Authority, as legislative body for the District, will conduct a public hearing on the proposed alteration to the facilities to be financed by the District. Section 6. The City Clerk in her capacity as Secretary to the Authority, is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be in the form of Exhibit A hereto. Section 7. The officers and employees of the Authority are hereby authorized and directed to take all actions and do all things which they, or any of them, may deem necessary or desirable to acx~mplish the purposes of this Resolution and not inconsistent with the provisions hereof. Section 8. This Resolution shall take effect immediately upon its adoption. B. The time and place established under said Resolution of Consideration for the public hearing required under the Act are Tuesday, February 24, 1998, at 7:00 p.m., in the regular meeting place of the Authority, City Council Chambers, 43200 Business Park Drive, Temecula, California. C. At said hearing, the testimony of all interested persons or taxpayers for or against 98-01 5 the changing of the facilities to be financed by the District will be heard. Any person interested may file a protest in writing as provided in Section 53336 of the Act. If fifty percent (50%) or more of the registered voters, or six registered voters, whichever is more, residing in the District, or the owners of one-half or more of the area of land in the territory included in the District and not exempt from the special tax file written protests against the proposed alteration of the facilities to be finamed by the District and the protests are not wiflximwn to reduce the value of the protests to less than a majority, the Board of Directors of the Authority shall eliminate the alteration from the proceedings and the alteration shall not be included in a resolution for a period of one year from the date of decision of the Board of Directors of the Authority after the hearing. D. The proposed voting procedure shall be by special mail or hand-delivered ballot of the owners of land within the territory included in the District. Dated: , 1998 /s/ June S. Greek Secretary, Westside Improvement Authority Publish: , 1998 Resoa/WLa, 98-01 6