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Res 87-001RESOLUTION NO. 87-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, D~J~RING ITS INTt~ICN TO INOJR BC~DED INDEBTEDNESS IN AN AMOJNT NOT TO EXCm~n $40,000,000 WITHIN SO3TH POWAY C(]~IONITY FACILITIES DISTRICT NO. 1 I~IEREAS, the South Poway Cu~.~unity Facilities District No. 1 (the "District") h~ Previously issued its Special Tax Bonds Series 1985 in the prin- cipal amount of $30,000,000 in accora~nce with the terms of Resolution No. 85-109 adopted by the City Council of the City of Po~y acting as the legisla- tive body of the District; and 1~REAS, the City Council, in its capacity as the legislative body of the District, has determined that it ~uld prudent in the management of the District ' s fiscal affairs to issue refunding bonds to decrease the District's Special Tax Bcmds Series 1985 in order to realize net debt service savings over the mturity of the refunding bonds; and WHEREAS, the City Council estimates that the amount required to refund the Series 1985 Bonds will be an ~nount not in excess of $40,000,000; and WHEREAS, in order to refund the Special Tax Bonds Series 1985, the District intends to incur bonded indebtedness in an 8~nount not to exceed $40,000,000, the repayment of which is to be secured by Special Taxes levied in accordance with Ordinance No. 182 adopted by the City Council on December 3, 1985; NOW, ~{EREFORE, THE CITY CO3NCIL OF THE CITY OF PONAY ACTING IN ITS CAPACITY AS ~HE L~GISLATIVE BODY OF THE DISTRICT DOES HERS~Y t~OLVE, DETERMINE AND ORDER as follows: Section 1. The above recitals are true and correct. Section 2. It is necessary to incur bonded indebtedness within the boundaries of the District in an amount not to exc~ $40,000,000 to refund the District's Special Tax Bonds Series 1985. Section 3. It is the intent of the District to authorize the sale of bonds in the maximin aggregate principal amount of $40,000,000 at a maximum interest rate not in excess of that which will provide a net debt service savings to the District frcm the debt service it is currently obligated to pay on the Special Tax Bonds Series 1985. The term of the bonds shall be determined pursuant to a resolution of this Board authorizing the issuance of the bonds, but such term shall in no event exceed 40 ymmrs or such longer term as is then permitted by law. R_~olution No. 87-001 Page 2 Section 4. A public hearing (the "H~ring") on the proposed bond issue shall be held at 7:00 p.m., or as soon thereafter as practicable, on Jaza,,ary 27, 1987, in the City Council Chambers, at 13325 Civic Center Drive, Poway, California. Section 5. At the time and place set forth in this R_~olution for the H~ring, any interested persons, incl,~ing all persons owning l~nd or registered to vote within proposed South Poway Cu~u~ity Facilities District No. 1, may appear and be h~rd. Section 6. The City Clerk is hereby directed to publish a notice in the form attached hereto as Exhibit A (the "Notice") of the H~ring pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the District. Such publication shall be c~,~leted at least 14 days prior to the date of the H~a_ring. In addition, the City Clerk shall post a copy of this Resolution and the Notice in a conspicuous place outside of the City Council Chambers. Section 7. The City Clerk is hereby directed to send a copy of the Notice of the H~aring by first-class mail, postage pr~aid, to each registered voter and to each landowner within the District as shown on the last equalized assessment roll. Said mailing shall be c~;~leted not less than fifteen (15) days prior to the date of the H~a_ring. PASSED, ADOPTED AND APPROVED, by the City Council of the City of Poway, California, acting as the legislative body of the South Poway Cu',m%unity Facilities District No. 1, at a regular meeting thereof this 6th day of Janizary, 1987. Marjorie K. Wahlsten, City Clerk R/Intent7-9/CP47 NOTICE IS HEll,BY GIVEN that on the 27th day of Jan~,~y, 1987, at the hour of 7:00 p.m., in the regular ~-_cting place of the Legislative Body of the South Poway Cum%~nity Facilities District No. 1 (The "District"), being 13325 Civic Cuter Drive, Poway, California, a public h~ring will be held on the intention of this Legislative Body to incur a bonded indebtedness in a principal amount not to exceed $40,000,000 in order to refund the District's outst~_~ding Special Tax Bonds Series 1985. At the time and place fixed for said public h~_ring, ANY PERSC(qS 1/FfERESTED, INCLUDING PERSCNS CWNING PROPERTY WITHIN ~HE DISTRICT, may appeaser and present any matters relating to the proposed intention and necessity for incurring the bonded indebtedness to refund the Special Tax Bonds Series 1985. For particulars, reference is made to the form of the Resolution of the City Council ~titled "Resolution of the City Council of the City of Poway, D~cl~ring its Intention to Incur Bonded Indebtedness in an Amount Not to Exceed $40,000,000 Within South Poway Cu~m~nity Facilities District No. 1" oa file in the Office of the City Clerk of the City of Poway. M~rjorie K. Wahlsten, City Clerk