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Res 87-011RESOLUTION NO. 87-011 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY ACTING AS THE LEGISLATIVE BODY FOR THE SOUTH POWAY COMMUNITY FACILITIES DISTRICT NO. 1 (POMERADO BUSINESS PARK PROJECT) DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS IN THE AMOUNT OF $40,000,000 AND CALLING AN ELECTION WHEREAS, the South Poway Community Facilities District No. 1 (Pomerado Business Park Project) (the "District") has previously issued its Special Tax Bonds Series 1985 in the principal amount of $30,000,000 in accordance with the terms of Resolution No. 85-109 adopted by the City Council of the City of Poway acting as the legislative body of the District; and WHEREAS, the City Council, in its capacity as the legislative body of the District, has determined that it would be prudent in the management of the District's fiscal affairs to issue refunding bonds to defease the District's Special Tax Bonds Series 1985 in order to realize net debt service savings over the maturity of the refunding bonds; and WHEREAS, on January 6, 1987, the City Council, acting in its capacity as the legislative body of the District, adopted Resolution No. 87-001 stating its intention to incur bonded indebtedness in an amount not to exceed $40,000,000 within the District for the purpose of issuing refunding bonds (the "Refunding Bonds") to defease the District's Special Tax Bonds Series 1985 in order to realize net debt service savings over the maturity of the Refunding Bonds; and WHEREAS, on January 8, 1987, notice was published as required by law relative to the intention of the District to incur bonded indebtedness in the amount of $40,000,000 within the boundaries of the District; and WHEREAS, on January 27, 1987, this City Council held a noticed public hearing as required by law to determine whether the District should issue the Refunding Bonds the repayment of which will be secured by special taxes levied in accordance with Ordinance No. 182 adopted by the City Council on December 3, 1985 (the "Special Taxes") and establish an appropriations limit for the District pursuant to Section 53325.7 of the Government Code; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the issuance of the Refunding Bonds and the levy of the Special Tax to repay the Refunding Bonds and the establishment of an appropriations limit for the District were heard and a full and fair hearing was held; and WHEREAS, the City Council desires to make the necessary findings to incur bonded indebtedness within the District, to declare the purpose for said debt, and to authorize the submittal of a proposition to the voters of the District, being the landowners of the District, all as authorized and required by law; NOW, THEREFORE, the City Council of the City of Poway acting in its capacity as the legislative body of the District DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: Section 1. It is necessary for the District to incur bonded indebtedness in a maximum aggregate principal amount not to exceed $40,000,000 for the purpose of issuing the Refunding Bonds and to levy the Special Taxes necessary to repay the Special Bonds in accordance with the formula set forth in Ordinance No. 182. Section 2. The whole of the property within the District shall pay for the bonded indebtedness pursuant to the levy of the Special Tax authorized by Ordinance No. 182. Section 3. The term of the Refunding Bonds shall be the term necessary to defease the Special Tax Bonds Series 1985 at the greatest net debt service savings; provided, however, the maximum term of the Refunding Bonds to be issued shall in no event exceed forty (40) years. Section 4. The Refunding Bonds shall bear interest at a coupon rate or rates not to exceed the maximum interest rate permitted by law, payable semiannually, with the actual rate or rates and times of payment to be determined at the time or times of sale thereof. Section 5. Pursuant to Section 53351 of the Government Code, a special election is hereby called for the District on the proposition of incurring bonded indebtedness to defease the Special Tax Bonds Series 1985 and to levy the Special Tax to repay such bonded indebtedness. Pursuant to Section 53325.7 of the Government Code, a special election is hereby called for the purpose of establishing an appropriations limit for the District. The proposed propositions relative to incurring bonded indebtedness in the maximum aggregate principal amount of $40,000,000 and authorizing the levy of the Special Tax to repay such indebtedness and establishing an appropriations limit for the District shall be submitted to the voters in the form attached hereto as Exhibit #A". 4563k/2468-03 -2- Section 6. The date of the special election for the District on the propositions attached hereto as Exhibit A shall be on the 3rd day of March, 1987, subject to the prior receipt by the City Clerk of the unanimous consent of the landowners of the District to a waiver of any published notice of the time and date of the election and the time limits for setting the election set forth in Section 53326 of the Government Code or contained in the Elections Code and further subject to the concurrence of the Registrar of Voters of the County of San Diego (the "Registrar") of such date. If such waiver and concurrence is not received prior to March 3, 1987, the election shall be rescheduled to the earliest possible date on which the landowners and the Registrar mutually agree. Section 7. It is hereby found that there are fewer than 12 registered voters within the territory of the District and, pursuant to Section 53326 of the Government Code, the ballots for the special election shall be distributed by mail with return postage prepaid to the landowners within the District. Each landowner shall have one vote for each acre or portion thereof that he or she owns within the District, as provided in Section 53326 of the Government Code. The City Clerk is hereby authorized and directed to provide the Registrar with any and all information relating to the District as is necessary for the Registrar to conduct the March 3, 1987 election. Section 8. The District shall constitute a single election precinct for the purpose of holding the election. Section 9. Except as otherwise provided in the Act, the election shall be called, held and conducted pursuant to the provisions of the Uniform District Election Law of the State of California and the procedures set forth in this Resolution. Section 10. The City Clerk is hereby directed to publish a copy of this Resolution in a newspaper of general circulation circulating within the area of the District not later than 15 days prior to the March 3, 1987 election. Section 11. This Resolution shall be effective from and after its date of adoption. 4563k/2468-03 -3- ADOPTED, SIGNED AND APPROVED this 27th day of January, 1987 by the City Council of the City of Poway acting as the legislative body of the South Poway Community Facilities District No. 1 (Pomerado Business Park Project). ATTEST: / / / City ,Clerk, City of Poway 4563k/2468-03 -4- EXHIBIT A OFFICIAL BALLOT SOUTH POWAY COMMUNITY FACILITIES DISTRICT NO. 1 OF THE CITY OF POWAY SPECIAL BOND ELECTION March 3, 1987 The landowner voting this ballot is entitled to one vote for each acre, or portion of an acre, of land owned within the South Poway Community Facilities District No. 1 (Pomerado Business Park Project). To vote, stamp a cross (+) in the voting square after the word "YES" or after the word "NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the Registrar of Voters and obtain another. PROPOSITION NO. A: Shall the South Poway Community Facilities District No. 1 (Pomerado Business Park Project) (the "District") incur an indebtedness and issue bonds in the maximum aggregate principal amount of $40,000,000, with interest at a coupon rate or rates not to exceed the maximum interest rate permitted by law, the pro- ceeds of which will be used to refund and defease the District's Special Tax Bonds Series 1985 and shall the Special Tax approved by the voters of the District and authorized to be levied in accordance with Ordinance No. 182 of the City be levied to repay such bonded indebtedness? YES NO PROPOSITION NO. B: Shall the appropriations limit, as defined in Subdivision (h) of Section 8 of Article XIII B of the California Con- stitution for the.District be an amount equal to all of the proceeds of the Special Tax collected annually, as adjusted for changes in the cost of living and changes in population pursuant to the provisions of Article XIII B? YES NO -7- 4563k/2468-03 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify that the foregoing Resolution was duly adopted by the City Council of said City acting in its capacity as the legislative body of the South Poway Community Facilities District No. 1 (Pomerado Business Park Project) at a meeting of said City Council held on the 27th day of January, 1987, and that it was so adopted by the following vote: AYES: BRANNON, ~MERY, HIGGINSON, KRUSE, TARZY NOES: NONE ABSTAIN: NONE ABSENT: NONE City Clerk, City of Poway STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) I, Marjorie K. Wahlsten , City Clerk of the City of Poway, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. _-011 of said City Council, and that the same has not been amen~ ~r repealed. Dated: February 4 , 1987 City C~e~k, City of Poway