Res 85-092~F~OLUrION NO. 85-092
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POW-AY, CAL~FORNr_A,
MAKING CERTAIN P~ELTNfINARY FIhDINGS
A~D PASSING UPON PROTESTS
WHEREAS, the CITY COUNCIL of the CITY OF PONAY, C~T.TFORNIA, (hereinafter
referred to as the "legislative body of the local Agency"), has previously
declared its intention to create a C~L,LLunity Facilities District pursuant to the
terms and provisions of the "M~llo-Boos C~,',,~u~ity Facilities Act of 1982", being
(~hapter 2.5, Part 1, Division 2, Title 5 of the Government Gode of the State of
California. This C~%~nity Facilities District shall hereinafter be referred to
as
SOUTH PGWAY G0~iMUNITY FACILITIES DISTRICT NO. 1
(hereinafter referred to as the "District" ); and,
~, notice of a public hearing relating to the establishment of the
District, the extent of the District, the furnishing of certain facilities and
all other related matters has been given, and a "Report", as ordered by this
Agency, has been presented to this Agency and has been made a part of the record
of the hearing on the Resolution of Intention to establish said District; and,
WHEREAS, it has ~cn further determined that written protests by fifty
.a~nt (50%) or more of the registered voters, or six (6) registered voters,
whichever is greater, residing within the boundaries of the proposed District,
or by owners representing one-half (1/2) or more of the area of land proposed to
be incite_ed in said District have not been received; and,
WHEREAS, all cc~nunications relating to the establishn~nt of the District,
the extent of the District, and the types of facilities, as well as the rate and
method of apportioranent of the special tax, have been considered, and at this
time this legislative body is desirous to proc~cd with the establishment of the
District; and,
NOW, THEREFORE, IT IS HE~RRy RESOLVED AS FOLLOWS:
SECTION 1.
SECTION 2.
That the above recitals are all true and correct.
That written protests have not ~n filed by fifty percent
(50%) or mere of the registered voters, or six (6) registered
voters, whichever is greater, or property owners of more than
one-half (1/2) of the area of land within the proposed
District.
SECTION 3.
Except where changes and modifications have ~c-n made, all
protests and objections are hereby overruled and denied.
Resolution No. 85-092
Page 2
SECPION 4.
It is hereby further determined by this legislative body to
pr~with the formation and establishment of the District,
formally known and designated as the "S(X3TH POWAY CO~4UNITY
FACILITIES DISTRICPN0. 1".
SECTION 5.
It is hereby further determined by this legislative body that
all proceedings prior hereto were valid and taken in confor-
mity with the requirements of law, and specifically the pro-
visions of the "Mello-Noos C~L,,~nity Facilities Act of 1982",
and this finding is made pursuant to the provisions and
authorization of Section 53325.1 of the Goverr~ent Code of
the State of California.
S~CrION 6.
It is hereby further determined by this legislative body that
the proposed capital project facility is necessary to n~et
the increased demands placed upon this local Agency as a
result of new develo~m=_nt and/or rehabilitation within the
District.
PASS,I), ADOPTED AND APPROVED, by the City Council of the City of Poway,
California, at a regular n~cting thereof thi~. day of November, 1985.
Carl R. Kruse, Mayor
j ' ~.. Wahlsten, City Clerk