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".