Loading...
HomeMy WebLinkAbout02-04 TPFA Resolution RESOLUTION NO. TPFA 02-04 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. 01-2 (HARVESTON) AND SUBMITTING PROPOSITION TO THE QUALIFIED ELECTORS OF THE DISTRICT WHEREAS, on December 11,2001, this Board of Directors 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" (the "Resolution of Intention") stating its intention to form the Temecula Public Financing Authority Community Facilities District No. 01-2 (Harveston) (the "District"), pursuant to the Mello-Roos Community Facilities Act of 1982, California Government Code Section 53311 et seq. (the "Law"), to fund a portion of the costs of certain public improvements (the "Facilities") and certain maintenance services (the "Services") and to fund the costs to defease bonds (the "Prior Bonds") secured by a special tax lien on parcels in the District, as described therein; and WHEREAS, on December 11, 2001, this Board of Directors also adopted a resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its Intention to Incur Bonded Indebtedness of the Proposed Temecula Public Financing Authority Community Facilities District No. 01-2 (Harveston)" (the "Resolution of Intention to Incur Indebtedness") stating its intention to incur bonded indebtedness within the boundaries of the District for the purpose of financing a portion of the costs of the Facilities and of financing the defeasance of the Prior Bonds; and WHEREAS, the Resolution of Intention and the Resolution of Intention to Incur Indebtedness called for public hearings on the District to be held on January 22, 2002 and on such date this Board of Directors opened the public hearings and continued the public hearings to February 12, 2002; and WHEREAS, on February 12, 2002, this Board of Directors adopted a resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Making Findings of Complexity of Proposed Community Facilities District No. 01-2 (Harveston)," pursuant to which resolution this Board of Directors found that the complexity of the District and the need for public participation required additional time, and thereby further continued the public hearings to February 26, 2002; and WHEREAS, on February 26, 2002, this Board of Directors again continued the public hearings to March 5, 2002, and on March 5, 2002, this Board of Directors again continued the public hearings to March 26, 2002; and WHEREAS, since the date of adoption of the Resolution of Intention, (i) the list of the Facilities eligible to be funded by the District has been revised to e~iminate certain improvements previously listed in the Resolution of Intention, and (ii) the proposed Rate and Method of Apportionment of Special Taxes for the District (the "Rate and Method") has been R:/'rPFA Resos 2002J'rPFA Resos 02-04 1 revised to clarify certain matters set forth therein, and the landowners in the District have been provided with the revised description of the Facilities and the revised Rate and Method; and WHEREAS, on this date, this Board of Directors held the continued public hearing as required by the Law and the Resolution of Intention relative to the determination to proceed with the formation of the District, the provision by the District of funds to pay a portion of the costs of the Facilities and Services and to defease the Prior Bonds, and the rate and method of apportionment of the special tax to be levied within the District to pay the principal and interest on the proposed indebtedness, the costs of the Services and the administrative costs of the Authority and the City of Temecula relative to the District; and WHEREAS, at the hearing all persons desiring to be heard on all matters pertaining to the formation of the District, the provision of funds to pay a portion of the costs of the Facilities and Services and to pay the costs to defease the Prior Bonds, and the levy of the special tax on property within the District, were heard and a full and fair hearing was held; and WHEREAS, subsequent to the hearing, this Board of Directors adopted a resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority of Formation Of Temecula Public Financing Authority Community Facilities District No. 01-2 (Harveston), 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"); and WHEREAS, on this date, this Board of Directors held the continued public hearing as required by the Law relative to the matters material to the questions set forth in the Resolution of Intention to Incur Indebtedness; and WHEREAS, no written protests with respect to the matters material to the questions set forth in the Resolution of Intention to incur Indebtedness have been filed with the Secretary. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority as follows: Section 1. The foregoing recitals are true and correct. Section 2. This Board of Directors deems it necessary to incur bonded indebtedness in the maximum aggregate principal amount of $25,000,000 within the boundaries of the District. Section 3. The indebtedness is incurred for the purpose of financing $5,150,000 of the costs of the Facilities and all of the costs necessary to defease the Prior Bonds, as provided in the Resolution of Formation including, but not limited to, the costs of issuing and selling bonds to finance costs of the Facilities and of the defeasance of the Prior Bonds and the costs of the Authority and the City of Temecula in administering the District. Section 4. The whole of the District shall pay for the bonded indebtedness through the levy of the special tax. The special tax is to be apportioned in accordance with the Rate and Method set forth in Exhibit B to the Resolution of Formation. R:FFPFA Resos 2002/TPFA Resos 02-04 2 Section 5. The maximum amount of bonded indebtedness to be incurred is $25,000,000 and the maximum term of the bonds to be issued shall in no event exceed forty (40) years. Section 6. The bonds shall bear interest at a rate or rates not to exceed the maximum interest rate permitted by applicable law at the time of sale of the bonds, payable weekly, semiannually or in such other manner as this Board of Directors or its designee shall determine, the actual rate or rates and times of payment of such interest to be determined by this Board of Directors or its designee at the time or times of sale of the bonds. Section 7. The proposition of incurring the bonded indebtedness herein authorized shall be submitted to the qualified electors of the District and shall be consolidated with elections on the proposition of levying special taxes within the District and the establishment of an appropriations limit for the District pursuant to Section 53353.5(a) of the Law. The time, place and conditions of said election shall be as specified by separate resolution of this Board of Directors. Section 8. This Resolution shall take effect upon its adoption. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Public Financing Authority at a meeting held on the 26th day of March, 2002. Ron Roberts, Chairperson ATTEST: [s[^t_] R:/TPFA Resos 2002/TPFA Resos 02-04 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan J. ones, Secretary of the Temecula Public Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. TPFA 02-04 was duly adopted at a regular meeting of the Board of Directors of the Temecula Public Financing Authority on the 26th day of March, 2002, by the following vote: AYES: 4 BOARDMEMBERS: Comerchero, Naggar, Stone, Roberts NOES: 0 BOARDMEMBERS: None ABSENT: 1 BOARDMEMBERS: Pratt ABSTAIN: 0 BOARDMEMBERS: None R:/TPFA Resos 2002/TPFA Resos 02-04 4