Res 88-102RESOLUTION NO. 88-102
RESOLUTION OF INTENTION OF THE CITY COUNCIL
OF CITY OF POWAY, CALIFORNIA TO ESTABLISH
COMMUNITY FACILITIES DISTRICT NO. 88-1 OF
THE CITY OF POWAY (PARKWAY BUSINESS CENTER)
AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX
WITHIN COMMUNITY FACILITIES DISTRICT NO.
88-1 OF THE CITY OF POWAY (PARKWAY BUSINESS
CENTER)
Se~, 1988
WHEREAS, the owners (collectively, the "Owner") of not
less than 10 percent of the area of land depicted on the
attached Exhibit "A" (the "Parkway Business Center Project Area
88-1") have filed written petitions with the City of Poway (the
"City") to establish Community Facilities District No. 88-1 of
the City of Poway (Parkway Business Center) (the "Community
Facilities District No. 88-1 (Parkway Business Center)" or the
"District") pursuant to the Mello-Roos Community Facilities Act
of 1982, as amended, commencing with Section 53311 of the
Government Code (the "Act") to finance (1) the construction,
purchase, modification, expansion, improvement or
rehabilitation of storm drains, a fire station and equipment,
sewer, water, public utility and roadway improvements
(including right-of-way acquisition) required to be constructed
to facilitate development within the District (the
"Facilities") and (2) the incidental expenses to be incurred in
connection with financing the Facilities and forming the
District; and
WHEREAS, the City Council has determined that the
petition submitted by the Owner complies with the requirements
Resolution No. 88-102
Page 2
of Section 53319 of the Act and now intends to form Community
Facilities District No. 88-1 (Parkway Business Center) to serve
the Parkway Business Center Project Area 88-1 pursuant to such
petition and request; and
WHEREAS, the City Council further intends to approve
an estimate of the costs of the Facilities and the incidental
expenses for Community Facilities District No. 88-1 (Parkway
Business Center); and
WHEREAS, it is the intention of the City Council to
finance the Services and the construction or acquisition of the
Facilities for the Parkway Business Center Project Area 88-1
through the formation of Community Facilities District No. 88-1
(Parkway Business Center) and to pay for certain incidental
expenses necessary to the construction and acquisition of the
Facilities, including costs associated with the creation of the
District, the issuance of bonds and the establishment and
replenishment of bond reserve and special reserve funds;
provided that the sale of bonds and the levy of a special tax
to pay for the principal and interest on the bonds and such
incidental expenses is approved at an election to be held
within the boundaries of Community Facilities District No. 88-1
(Parkway Business Center); and
WHEREAS, the Owner has agreed to advance funds to the
City to pay all costs incurred in creating the District which
the City desires to reimburse to the Owner from the proceeds of
any bonds sold by the District as permitted by Section 53313.5
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Resolution No. 88-102
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and 53314.9 of the Act and as contemplated by the Reimbursement
Agreement between the City and the Owner being approved by the
City Council simultaneously with this resolution;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY
DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows:
Section 1. The above recitals are true and correct.
Section 2. A community facilities district is
proposed to be established under the terms of the Act. It is
further proposed that the boundaries of the community
facilities district shall be as depicted on the map of the
proposed boundaries of Community Facilities District No. 88-1
(Parkway Business Center) on file with the City Clerk and as
further described in the legal description attached as Exhibits
A, B and C to the Owner's petitions which are on file with the
City Clerk. The City Clerk is hereby directed to sign the
original map of the District and record it with all proper
endorsements thereon with the County Recorder of San Diego
County within 15 days after the adoption of this resolution,
all as required by Section 3111 of the Streets and Highways
Code of the State of California.
Section 3. The name of the proposed Community
Facilities District shall be "Community Facilities District No.
88-1 of the City of Poway (Parkway Business Center)".
Section 4. The Facilities proposed to be provided
within Community Facilities District No. 88-1 (Parkway Business
Center) are public facilities as defined in the Act, which the
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Resolution No. r~8-.LO 2
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City and the District are authorized by law to construct,
acquire, own and operate. None of the Facilities have been
completed as of the date hereof.
Section 5. Except where funds are otherwise
available, it is the intention of the City Council to levy
annually in accordance with the procedures contained in the Act
a special tax sufficient to pay for: (i) the Facilities
(including incidental expenses for the design, planning,
engineering and inspection of the Facilities); (ii) the
principal and interest and other periodic costs on the bonds
proposed to be issued to finance the Facilities, including the
establishment and replenishment of any reserve funds deemed
necessary by the District, any remarketing, credit enhancement
and liquidity facility fees (including such fees for
instruments which serve as the basis of a reserve fund in lieu
of cash); and (iii) the costs of forming Community Facilities
District No. 88-1 (Parkway Business Center) and administering
the levy and collection of the special tax and all other
administrative costs of the special tax levy and bond issue.
The rate and method of apportionment of the special tax are
described in detail in Exhibit A attached hereto. Exhibit A
allows each landowner and resident within the District to
estimate the maximum amount that may be levied against each
parcel. The special tax is based on the expected demand that
each parcel of real property within Community Facilities
District No. 88-1 (Parkway Business Center) will place on the
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Resolution No. 88-102
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Facilities and on the benefit that each parcel derives from the
right to access the Facilities. The City Council hereby
determines the rate and method of apportionment of the special
tax set forth in Exhibit A to be reasonable. The special tax
is apportioned to each parcel on the foregoing basis pursuant
to Section 53325.3 of the Act and such special tax is not on or
based upon the ownership of real property. In the event that a
portion of the property within Community Facilities District
No. 88-1 (Parkway Business Center) shall become for any reason
exempt, wholly or partially, from the levy of the special tax
specified on Exhibit A, the City Council shall, on behalf of
Community Facilities District No. 88-1 (Parkway Business
Center), cause the levy to be increased, subject to the
limitation of the Maximum Special Tax for a parcel as set forth
in Exhibit A, to the extent necessary upon the remaining
property within Community Facilities District No. 88-1 (Parkway
Business Center) which is not delinquent or exempt in order to
yield the special tax revenues required for the purposes
described in this Section 6.
Section 6. The City Council hereby finds that the
proposed Facilities are necessary to meet the increased demand
placed upon the City and the existing infrastructure in the
City as a result of the development of the Parkway Business
Center Project Area 88-1.
Section 7. A public hearing (the "Hearing") on the
establishment of the proposed Community Facilities District
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Resolution No. 88-102
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No. 88-1 (Parkway Business Center) and the proposed rate and
method of apportionment of the special tax shall be held at
7:00 p.m., or as soon thereafter as practicable, on O~tober 18,
1988, at the City Council Chambers, 13325 Civic Center Drive,
Poway, California. Should the City Council determine to form
the District, a special election will be held to authorize the
issuance of the bonds and the levy of the special tax in
accordance with the procedures contained in Government Code
Section 53326. If held, the proposed voting procedure at the
election will be a landowner vote with each landowner having
one vote for each acre of land or portion thereof owned within
the District.
Section 8. At the time and place set forth above for
the Hearing, the City Council will receive testimony as to
whether the proposed Community Facilities District No. 88-1
(Parkway Business Center) shall be established and as to the
method of apportionment of the special tax and shall consider:
(a) if an ad valorem property tax is currently being
levied on property within proposed Community Facilities
District No. 88-1 (Parkway Business Center) for the exclusive
purpose of paying principal or interest on bonds or other
indebtedness, including state school building loans, incurred
to finance construction of capital facilities; and
(b) if the capital facilities to be financed and
constructed by Community Facilities District No. 88-1 (Parkway
Business Center) will provide the same services to the Parkway
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Resolution No. 88-102
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Business Center Area as were provided by the capital facilities
mentioned in subsection (a); and
(c) if the City Council makes the findings specified
in subsections (a) and (b) above, it will consider appropriate
action to determine that the total annual amount of ad valorem
property tax revenue due from parcels within Community
Facilities District No. 88-1 (Parkway Business Center), for
purposes of paying principal and interest on the debt
identified in subsection (a) above, shall not be increased
after the date on which Community Facilities District No. 88-1
(Parkway Business Center) is created, or after a later date
determined by the City Council with the concurrence of the
legislative body which levied the property tax in question.
Section 9. At the time and place set forth above for
the Hearing, any interested person, including all persons
owning lands or registered to vote within proposed Community
Facilities District No. 88-1 (Parkway Business Center), may
appear and be heard.
Section 10. Each City officer who is or will be
responsible for providing the Facilities within Community
Facilities District No. 88-1 (Parkway Business Center), if it
is ~stablished, is hereby directed to study the proposed
District and, at or before the time of the above-mentioned
Hearing, file a report with the City Council containing a brief
description of the public facilities and services by type which
will in his or her opinion be required to meet adequately the
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Resolution No. 88-102
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needs of Community Facilities District No. 88-1 (Parkway
Business Center), an estimate of the cost of providing those
public facilities and services and an estimate of the fair and
reasonable cost of any incidental expenses to be incurred.
S__eection 11. The City Clerk is hereby directed to
publish a notice (the "Notice") of the Hearing pursuant to
Section 6061 of the Government Code in a newspaper of general
circulation published in the area of proposed Community
Facilities District No. 88-1 (Parkway Business Center). The
Notice shall contain the text of this Resolution, the time and
place of the Hearing, a statement that the testimony of all
interested persons or taxpayers will be heard, a description of
the protest rights of the registered voters and landowners in
the proposed district and a description of the proposed voting
procedure for the election required by the Act. Such
publication shall be completed at least 7 days prior to the
date of the Hearing.
Se___cti~oon 1~22. The City Clerk is directed to send a copy
of the Notice of the Hearing by first-class mail, postage
prepaid, to each registered voter and to each landowner within
proposed Community Facilities District No. 88-1 (Parkway
Business Center) as shown on the last equalized assessment roll
or otherwise known to the City Clerk to be a current owner of
land within the proposed District. Said mailing shall be
completed not less than fifteen (15) days prior to the date of
the Hearing.
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Resolution No. 88-102
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Section 13. The Reimbursement Agreement between the
City and the Owner on file with the City Clerk is hereby approved
as to form, and the Mayor or the City Manager and the City Clerk
are hereby authorized and directed to execute the Reimbursement
Agreement in substantially the form presented, together with such
changes as are approved by the officers executing the
Reimbursement Agreement.
PASSED, ADOPTED AND APPROVED, by the City Council of the City
of Poway, California, at a regular meeting thereof this 13th day
of September, 1988.
ATTEST:
· Wahlsten, City Clerk
STATE~ CALIFORNIA )
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do
hereby certify under penalty of perjury that the foregoing
Resolution No. 88-102 was duly adopted by the City Council at a
meeting of said City Council held on the 13th day of September,
1988, and that it was so adopted by the following vote:
BRANNON, HIGGINSON, KRUSE, TARZY, EMERY
AYES:
NOES:
ABSTAIN:
ABSENT:
NONE
NONE
NONE
Marjorie/K. Wahlsten, City Clerk
City of ~oway
Resolution No. 88-102
Page 10
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT OF
SPECIAL TAX
FOR COFkMUNITY FACILITIES DISTRICT NO. 88-1
OF THE CITY OF POWAY
(PARKWAY BUSINESS CENTER)
A Special Tax applicable to each Assessor's Parcel in
Community Facilities District No. 88-1 (herein "CFD No. 88-1")
shall be levied and collected according to the tax liability
determined by the City Council of the City of Poway acting in
its capacity as the legislative body of CFD No. 88-1 (herein
the "City Council") through the application of the appropriate
amount or rate for "Developed Property" or "Undeveloped
Property", as described below. All of the property in CFD No.
88-1, unless exempted by law or by the provisions of Section E
below, shall be taxed for the purposes, to the extent and in
the manner herein provided.
A. Definitions.
The terms hereinafter set forth have the following
meanings:
"Developed Property" means all Assessor's Parcels in
CFD No. 88-1 for which a final map has been recorded as of
March 1 of the preceding Fiscal Year; provided, however, that
Developed Property shall not include property owned by or
offered for dedication to a public agency or owned by a public
utility for use as an unmanned facility, which property is
subject Undeveloped Property only to the extent set forth in
Section E below.
"Fiscal Year" means the period starting on July I and
ending the following June 30.
"Maximum Special Tax" means the maximum Special Tax,
determined in accordance with Section C, that can be levied by
the City Council in any Fiscal Year for each class of Developed
Property and for Undeveloped Property, as applicable.
"Taxable Property" is all of the area within the
boundaries of CFD No. 88-1 which is not exempt from the Special
Tax pursuant to law or Section E below.
"Undeveloped Property" means all Taxable Property in
CFD No. 88-1 not classified as Developed Property.
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Resolution No. 88-102
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B. Assignment to Land Use Class.
On July 1 of each year, all Taxable Property within
CFD No. 88-1 shall be categorized either as a Developed
Property or an Undeveloped Property and shall be subject to tax
in accordance with the rate and method of apportionment
determined pursuant to Sections C and D below.
C. Maximum Special Tax Rat~.
The Maximum Special Tax for an Assessor's Parcel
classified as Developed Property or as Undeveloped Property
shall be $15,000 per acre for Fiscal Year 1988-89 and shall
increase by 2.0% in each subsequent Fiscal Year. For purposes
of this Section C, the acreage of an Assessor's Parcel shall be
determined by reference to the most current parcel map or other
subdivision tract map recorded in the Office of the County
Recorder for San Diego Count~
D. Method of Apportionment of the Special Tax to
Developed Property and Undeveloped Property.
Starting in Fiscal Year 1988-89 and for each following
Fiscal Year, the City Council shall determine the amount of
money to be collected from Taxable Property in CFD No. 88-1 in
that Fiscal Year. Such amount shall include the sums necessary
to pay for current debt service on indebtedness of CFD No.
88-1, to create or replenish reserve funds determined necessary
by CFD No. 88-1 for existing or future indebtedness, and to pay
for administrative and construction expenses to be paid from
Special Tax proceeds. After taking into account other
available revenues, the City Council shall levy the Special Tax
as follows until the amount of the levy equals the remaining
amount to be collected:
First: The Special Tax shall be levied on Developed
Property in equal percentages up to 87% of the Maximum Special
Tax for such Fiscal Year;
Second: If additional moneys are needed after the
first step has been completed, the Special Tax shall be levied
proportionately on each parcel of Undeveloped Property up to
87% of the Maximum Special Tax for such Fiscal Year;
Third: If additional moneys are needed after the
first two steps have been completed, then the levy of the
Special Tax on Developed Property and Undeveloped Property
(exclusive of Undeveloped Property exempted pursuant to Section
E below) shall be increased in equal percentages above the
rates levied pursuant to the first step above, up to the
Maximum Special Tax for such Fiscal Year;
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Resolution No. 88-102
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Fourth: If additional moneys are needed after the first
three steps have been completed, then the Special Tax shall be
levied proportionately on each parcel of Undeveloped Property
offered for dedication to a public agency which has not been
exempted from the Special Tax pursuant to Section E, up to the
Maximum Special Tax for such Fiscal Year for such property; and
Fifth: If additional moneys are needed after the first
four steps have been completed, then the Special Tax shall be
levied proportionately on each parcel of Undeveloped Property
conveyed to a public agency which has not been exempted from the
Special Tax pursuant to Section E, up to the Maximum Special Tax
for such Fiscal Year for such property.
E. Limitations.
The City Council shall not impose any Special Tax on
property which is (i) owned by a public agency for public right-
of-way or is subject to a public easement for a street or for
another public use which prevents any private beneficial use of
such land or (ii) is owned by a public utility for use as an
unmanned utility property or is subject to a utility easement
making impractical its utilization for other than the purpose set
forth in the easement.
In addition, the City Council shall not impose any
Special tax on up to 200 acres of Undeveloped Property conveyed
or offered for dedication to a public agency for public uses
other than those described in (i) above. If the total number of
acres of land conveyed or offered for dedication to a public
agency for such other uses exceeds 200 acres, then the acres
exceeding such total of 200 shall be taxed as Undeveloped
Property to the extent set forth in steps four and five in
Section D above.
M/RESO