Loading...
Res 85-093~-~0LUTION NO. 85-093 A RESOLUTION OF THE CITY (XYJNCIL OF THE CITY OF POWAY, C~T.TFORN-fl_A~. D~CrARING AND ESTABLISHING THE FORMATION OF A (/]M~3NITY FACILITIES DISTRICT, A~D AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED RLmCTORS WHEREAS, a public hearing has ~_c~n held and concluded, and the CITY ~0UNCIL of the CITY OF POWAY, CALIFORNIA, ("herei~fter referred to as the legislative body of the local Agency") is desirous at this time to proceed with the establishment of a c~waunity facilities district, pursuant to the terms and pro- visions of the "Mello-Roos Cc~unity Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Goverrm~ent Code of the State of California, said C~,,,Lunity Facilities District shall hereir~_~ter be referred to as SOUTH PC~AY (/]~MUNITY FACILITIES DIwr~ICT NO. 1 (hereinafter referred to as the "District"); and,' W~m~EAS, this legislative body has further declared its intent that the authorized public facilities be financed through the issuance of bonds, said bonds secured by the levy of a special tax; and, WHEREAS, inasmuch as there are less than twelve (12) registered voters residing within the territory of the District, and have ~n for a least the preceding ninety (90) days, this legislative body is desirous to s,,~it the levy of the required special tax to the landowners of the District, said landowners being the qualified electors as authorized by law; and WHEREAS, there is only one landowner (hereinafter referred to herein as the "Landowner") within the District. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: S~CTION 1. That the above recitals are all true and correct. S~CTION 2. That this legislative body does hereby establish and declare the formation of the C~L,u~nity Facilities District Known and designated as "SOUTH POWAY ~TY FA/~ILITIES DISTRICT NO. SMCTION 3. That the boundaries and parcels of land in which the public facilities are to be provided and on which special taxes will be levied in order to pay the costs and expenses for said public facilities are generally described as follows' All property within the boun~ries of the SOUTH POWAY (I)~ft~ITY F~ILITIES DISTRICT NO. 1, as shown on a map pre- viously approved by this legislative body, said mp designated by the name of this O~f~nity Facilities District, a copy of which is on file in the Office of the City Clerk. Resolution No. 85-093 Page 2 SECTION 4. SECTION 5. S~CTION 6. A general description of the public capital facilities which this legislative body is authorized by law to construct, own or operate, which are the facilities to be improved under these proceedings, are generally described as follows: The construction, expansion, rehabilitation or purchase of certain local facilities, incl~d{ng but not limited to, park facilities, local recreational use parks, street and access improvements, sewer improvements and drainage improvements, together with appurtenances and appurtenant work. For a full and complete description of said facilities, reference is ~ede to the final "Report" of the Engineer previously approved, entitled "(II~4UNITY FACILITIES DISTRICT REPORT", a copy of which is on file in the Office of the City Clerk. For all particulars, reference is made to said "Report". That a special tax, except where funds are otherwise available, is hereby authorized, subject to Landowner appro- val, to be levied annually within the beund~ries of said District. For particulars as to the rate and method of apportior~ent of the proposed special tax, reference is made to the attached and incorporated Exhibit "A", which sets forth in sufficient detail the method of apportior~ent to allow each landowner or resident within the proposed District to clearly estimate the ann,~] amount that said person will have to pay for said facilities. Said special ~ shall be utilized to secure a bonded indebtedness which shall be uti- lized to finance the construction, expansion, rehabilitation or purchase of the public capital facilities identified in SECTION 4. hereinahove. This legislative body herewith sulmmits the levy of the spe- cial tax to approval of the qualified electors of the District, said electors being the landowners of the proposed District, with each landowner having one (1) vote for each acre or portion thereof of land which he or she owns within the Cc~nunity Facilities District. There is only one Landowner owning property within the (lx~nunity Facilities District. Resolution No. 85-093 Page 3 SECTION 7. This legislative body hereby further directs that the propo- sition relating to the levy of the above referenced special ~ be s,,h~i~'tted to the approval of the LaD~k)wner and that such proposition be combined and consolidated with the propo- sition relating to the incurring of a bonded indebtedness. This legislative body hereby waives the holding of a special election pursuant to Government Code Section 53326 on the grounds that there is only one landowner and, as such, only one qualified voter in the District. PASSRD, ADOPTED AND APPROVED, by the City Council of the City of Poway, California, at a regular m~cting thereof thiT~ day of November, 1985. Ca]7 R. Kruse, Mayor Marjori~k. Wahlsten, City Clerk CITY OF POWAY SOUTH POWAY CO~4~3NITY FACILITIES DISrKICT NO. 1 E)~IBIT "A" RATE ASD MEI~OD OF APPORTIO~T OF SPECIAL TAX The Resolution of Intention generally sets forth the rate and apportiorment of the special t~x to allow each landowner or resi- dent within the proposed District to estimate the annual maximin amount that would be required for payment. For particulars as to the rate and method of apportiormlent, see the following: RATE OF SPECIAL TAX The C~L,;,unity Facilities District is considered as a single zone, and the special tax or charge to be levied and collected is a special ano,~l tax used to pay for the costs of public facilities benefiting the C~L,,Lunity Facilities District area. The tax would be levied on property on an acreage basis beginning in the year following the filing of final map under the subdivision map act. Each property owner would pay for 25 years. The per acre tax for each "net usable acre" would be the same for each "net usable acre" for any given year and has ~cn established at a minimum rate of $7,638 per year in fiscal year 1986-87 and would escalate at 3 percent per year until 1996-97. If the minimum1 tax rate is insufficient, a zexim%ml tax of $12,250 per "net usable acre", as shown on the final map, and/or on a map on file with the City Clerk, may be levied in fiscal year 1986-87, or any fiscal year ther~?ter. If no final map has ~cn recorded and/or no map is on file with the City Clerk, the ~sximun tax rate may be levied on the basis of 274.45 "net usable acres".