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HomeMy WebLinkAbout2003-10-14 Agenda Packet - Board r t RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT, ACTING AS THE LEGISLATIVE BODY OF TRUCKEE DONNER PUBLIC UTILITY DISTRICT COMMUNITY FACILITIES DISTRICT NO. 03-1 (OLD GREENWOOD), DETERMINING IT NECESSARY TO INCUR BONDED INDEBTEDNESS WITHIN SAID COMMUNITY FACILITIES DISTRICT WHEREAS, on August 6,2003, pursuant to a petition filed by Truckee Land, LLC(the "Petitioner"),the Board of Directors (the "Board of Directors") of the Truckee Donner Public Utility District(the "Public Utility District")adopted a resolution stating its intention to form Truckee Donner Public Utility District Community Facilities District No. 03-1 (Old Greenwood) (the "Community Facilities District")pursuant to the Mello-Roos Community Facilities Act of 1982, as amended(the "Act'); and WHEREAS, a copy of said resolution, setting forth a description of the proposed boundaries of the Community Facilities District, the facilities to be financed by the Community Facilities District and the rate and method of apportionment of the special tax proposed to be levied within the Community Facilities District,is on file with the Clerk of the Public Utility District(the"District Clerk")and is incorporated herein by reference; and WHEREAS, on August 6, 2003, the Board of Directors also adopted a resolution stating its intention to incur bonded indebtedness in an amount not to exceed$15,000,000 for the purpose of financing(i)the cost of purchasing, constructing, expanding, improving or rehabilitating certain street,water and sewer improvements, and all appurtenances and appurtenant work in connection with the foregoing(collectively, the "Facilities")and(ii) the incidental expenses incurred and to be incurred in connection with financing the Facilities,including costs associated with the creation of the Community Facilities District and the issuance of bonds and the establishment and replenishment of bond reserve and special reserve funds (the "Incidental Expenses"), all as more fully described in said resolution; and WHEREAS, notice was published and mailed as required by law relative to the intention of the Board of Directors to form the Community Facilities District and to incur bonded indebtedness in an amount not to exceed$15,000,000 within the boundaries of the Community Facilities District; and WHEREAS, the Board of Directors has held a public hearing as required by law to determine whether it should proceed with the formation of the Community Facilities District, issue bonds to pay for the Facilities and the Incidental Expenses and authorize the rate and method of apportionment of a special tax to be levied within the Community Facilities District for the purposes described in the aforesaid resolutions; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District,the levy of a special tax and the issuance of bonds to pay for the cost of the proposed Facilities and Incidental Expenses were heard, and a full and fair hearing was held; and 1 DOCSOCA995054v3\22925.0009 WHEREAS, the Board of Directors desires to make the necessary findings to incur bonded indebtedness within the Community Facilities District, to declare the purpose for such indebtedness, and to authorize the submittal of a combined ballot proposition to the qualified electors of the Community Facilities District,being the land owners within the Community Facilities District, all as authorized and required by law; and NOW,THEREFORE, THE BOARD OF DIRECTORS OF TRUCKEE DONNER PUBLIC UTILITY DISTRICT DOES HEREBY RESOLVE,DETERMINE AND ORDER AS FOLLOWS: Section 1. The above recitals are true and correct. Section 2. In order to finance the Facilities and Incidental Expenses, it is necessary to incur bonded indebtedness in a maximum aggregate principal amount not to exceed $15,000,000 within the Community Facilities District. Section 3. The aforesaid bonded indebtedness is to be incurred for the purpose of financing the costs of purchasing, constructing, expanding, improving or rehabilitating the Facilities and financing the Incidental Expenses. Section 4. All of the property within the Community Facilities District, as established pursuant to the Resolution of Formation, with the exception of property exempted from the special tax pursuant to the provisions of the rate and method of apportionment attached to the Resolution of Formation, shall pay for the bonded indebtedness pursuant to the levy of the special tax authorized by the Resolution of Formation. Section 5. The maximum term of the Bonds to be issued shall in no event exceed 40 years; and the bonds shall bear interest at rates (not in excess of the maximum rate permitted by law)determined at the time of sale thereof. Section 6. An election is hereby called for the Community Facilities District on the proposition of incurring bonded indebtedness pursuant to Section 53351 of the Act and shall be consolidated with the election on the propositions of levying the special tax on the property within the Community Facilities District and establishing an appropriations limit for the Community Facilities District pursuant to Section 53325.7 of the Act. The language of the proposition to be placed on the ballot is attached hereto as Attachment A. Section 7. The date of the election for the Community Facilities District on the proposition of incurring the bonded indebtedness, authorizing the levy of the special tax and establishing the appropriations limit for the Community Facilities District shall be October 14, 2003. The District Clerk shall conduct the election. Except as otherwise provided by the Act, the election shall be conducted by personally delivered or mailed ballot and in accordance with the provisions of law regulating elections of the Public Utility District insofar as such provisions are determined by the District Clerk to be applicable. It is hereby found that there have been fewer than twelve persons registered to vote within the territory of the Community Facilities District for each of the ninety days preceding the close of the public hearing described above; and, pursuant to Section 53326 of the Government Code, each landowner who is the owner of record on the date hereof or the authorized representative thereof 2 DOCSOCA995054v3\22925.0009 shall have one vote for each acre or portion thereof that he or she owns within the Community Facilities District. ADOPTED and APPROVED by the Board of Directors of the Truckee Donner Public Utility District on this 14th day of October, 2003 by the following vote: AYES: NOES: ABSENT: ABSTAIN: TRUCKEE DONNER PUBLIC UTILITY DISTRICT By: President of the Board of Directors ATTEST: District Clerk 3 DOCSOCV95054v3\22925.0009 ATTACHMENT A BALLOT PROPOSITION TRUCKEE DONNER PUBLIC UTILITY DISTRICT COMMUNITY FACILITIES DISTRICT NO.03-1 (OLD GREENWOOD) SPECIAL ELECTION MEASURE SUBMITTED TO VOTE OF VOTERS: Shall Truckee Donner Public Utility District Community Facilities District No. 03-1 (Old Greenwood) (the "Community Facilities District') incur an indebtedness and issue bonds in the maximum aggregate principal amount of$15,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law, the proceeds of which will be used to finance the costs of planning, designing, constructing, acquiring, modifying, expanding, improving, furnishing, equipping or rehabilitating certain real and other tangible property with an estimated useful life of five years or longer, consisting of certain street, water and sewer system and appurtenances and appurtenant work (collectively, the "Facilities") and to finance the incidental expenses associated therewith (the YES "Incidental Expenses"), all as further provided in the resolution of the Board of Directors of the Truckee Donner Public Utility District NO establishing the Community Facilities District (the "Resolution of Formation"), and shall a special tax with a rate and method of apportionment as provided in the Resolution of Formation be authorized to be levied, and shall the annual appropriations limit of Community Facilities District No. 03-1 (Old Greenwood) be established in the amount of$15,000,000? A-1 DOCSOC\99505403 22925.0009 ft .oft two RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT, ACTING AS THE LEGISLATIVE BODY OF TRUCKEE DONNER PUBLIC UTILITY DISTRICT COMMUNITY FACILITIES DISTRICT NO. 03-1 (OLD GREENWOOD), CALLING A SPECIAL ELECTION WHEREAS, on this date, the Board of Directors (the`Board of Directors") of the Truckee Donner Public Utility District(the "Public Utility District") adopted a resolution entitled"Resolution of the Board of Directors of the Truckee Donner Public Utility District Establishing Truckee Donner Public Utility District Community Facilities District No. 03-1 (Old Greenwood), Authorizing the Levy of a Special Tax Therein and Establishing an Annual Appropriations Limit' (the"Resolution of Formation"), which established the Truckee Donner Public Utility District Community Facilities District No. 03-1 (Old Greenwood) (the"Community Facilities District'), authorized the levy of a special tax therein, and established an annual appropriations limit; and WHEREAS, on this date,the Board of Directors, acting as the legislative body of the Community Facilities District, also adopted a resolution entitled"Resolution of the Board of Directors of the Truckee Donner Public Utility District, Acting as the Legislative Body of the Truckee Donner Public Utility District Community Facilities District No. 03-1 (Old Greenwood), Determining it Necessary to Incur Bonded Indebtedness Within Said Community Facilities District," which declared the necessity to incur bonded indebtedness in the maximum amount of$15,000,000; and WHEREAS, pursuant to the provisions of said resolutions, the propositions to authorize the levy of a special tax within the Community Facilities District, to establish an appropriations limit of the Community Facilities District and to authorize the incurring of bonded indebtedness are to be submitted to the qualified electors of the Community Facilities District as required by the Mello- Roos Community Facilities Act of 1982, as amended (the"Act'); NOW,THEREFORE, THE BOARD OF DIRECTORS OF TRUCKEE DONNER PUBLIC UTILITY DISTRICT DOES HEREBY RESOLVE,DETERMINE AND ORDER AS FOLLOWS: Section 1. Pursuant to the Act the propositions to authorize the levy of a special tax within the Community Facilities District, establish an appropriations limit of the Community Facilities District and authorize the incurring of a bonded indebtedness shall be combined into one ballot proposition and submitted to the qualified electors of the Community Facilities District as provided herein. Section 2. The Board of Directors has heretofore found that fewer than twelve persons have been registered to vote within the territory of the Community Facilities District for each of the ninety days preceding the close of the public hearing heretofore held by the Board of Directors for the purposes of these proceedings. Accordingly, the vote shall be by the land owners of the Community Facilities District, and each owner of record at the close of such public hearings, or the authorized representative thereof, shall have one vote for each acre or portion of an acre that he or she owns within the Community Facilities District. -1- DOCSOCA995058v4�22925.0009 Section 3. The date of the election shall be October 14, 2003, and the Clerk of the Public Utility District(the"District Clerk") shall conduct the election. The election shall be conducted by personally delivered or mailed ballots and in accordance with the provisions of law regulating elections of the Public Utility District insofar as such provisions are determined by the District Clerk to be applicable. The voted ballots shall be returned to the District Clerk not later than 9:00 p.m. on October 14, 2003; provided that if all of the qualified electors have voted prior to such time, the election may be closed by the District Clerk_ Section 4. The form of the ballot for the election is attached hereto as Exhibit A and by this reference incorporated herein. The District Clerk shall cause to be delivered to each of the qualified electors of the Community Facilities District a ballot in said form. Each ballot shall indicate the number of votes to be voted by the respective elector based upon the number of acres of land owned by such elector as set forth above. The identification envelope for return of the ballot shall be enclosed with the ballot, shall have the postage prepaid and shall contain(a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the elector is the owner of record, or the authorized representative thereof, and is the person whose name appears on the identification envelope, (c)the printed name, signature and address of the elector, (d)the date of signing and place of execution of the declaration described above and(e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing board. Analysis and arguments with respect to the ballot proposition are hereby waived. Section 5. The District Clerk shall accept the ballots of the qualified electors in the office of the District Clerk to and including 9:00 p.m. on October 14, 2003 whether said ballots shall be personally delivered or received by mail. Section 6. There is on file with the District Clerk a written instrument executed by each of the qualified electors of the Community Facilities District requesting a shortening of the time for the special election in order to expedite the process of formation of the Community Facilities District and waiving any requirement for analysis and arguments in connection therewith. ADOPTED and APPROVED by the Board of Directors of the Truckee Donner Public Utility District on this 14th day of October, 2003 by the following vote: AYES: NOES: ABSENT: ABSTAIN: TRUCKEE DONNER PUBLIC UTILITY DISTRICT By: President of the Board of Directors ATTEST: District Clerk -2- DOC:SOC995058v4,22925.0009 EXHIBIT A OFFICIAL BALLOT TRUCKEE DONNER PUBLIC UTILITY DISTRICT COMMUNITY FACILITIES DISTRICT NO.03-1 (OLD GREENWOOD) October 14, 2003 SPECIAL ELECTION This ballot is for a special, landowner election. You must return this ballot in the enclosed envelope to the office of the District Clerk of the Truckee Donner Public Utility District no later than 9:00 p.m. on October 14, 2003, either by mail or in person. The District Clerk's offices are located at 11570 Dormer Pass Road, Truckee, California 96160. INSTRUCTIONS TO VOTERS: To vote on the measure, make a "+", "✓", "x" or other distinguishing mark on the Line after the word "Yes" or on the line after the word "No." If you wrongly mark, tear or deface this ballot, return it to the County Election Officer of Nevada County and obtain another. MEASURE SUBMITTED TO VOTE OF VOTERS: Shall Truckee Donner Public Utility District Community Facilities District No. 03-1 (Old Greenwood) (the "Community Facilities District") incur an indebtedness and issue bonds in the maximum aggregate principal amount of$15,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law, the proceeds of which will be used to finance the costs of planning, designing, constructing, acquiring, modifying, expanding, improving, furnishing, equipping or rehabilitating certain real and other tangible property with an estimated useful life of five years or longer, consisting of certain street, water and sewer system and appurtenances and appurtenant work (collectively, the "Facilities") and to finance the incidental expenses associated therewith (the YES_ "Incidental Expenses"), all as further provided in the Resolution of the Board of Directors of the Truckee Donner Public Utility District NO establishing the Community Facilities District (the "Resolution of Formation"), and shall a special tax with a rate and method of apportionment as provided in the Resolution of Formation be authorized to be levied, and shall the annual appropriations limit of Community Facilities District No. 03-1 (Old Greenwood) be established in the amount of$15,000,000? A-1 DOCSOC,995058v4\22925.0009 By execution in the space provided below, you also indicate your waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Sections 53326(a) and 53327(b) of the Mello-Roos Community Facilities Act of 1982. TRUCKEE LAND LLC By Number of Votes: 617 A-2 DOCSOCA995058v4\22925.0009