Loading...
Res 88-103RESOLUTION NO. 88-103 RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA TO INCUR BONDED INDEBTEDNESS IN THE AMOUNT OF $45,000,000 WITHIN PROPOSED COMMUNITY FACILITIES DISTRICT NO. 88-1 OF THE CITY OF POWAY (PARKWAY BUSINESS CENTER) September 13 , 1988 WHEREAS, after receiving a petition signed by the property owners (collectively, the "Owner") of not less than 10 percent of the area of land (the "Parkway Business Center Project Area 88-1") proposed to be included within the hereinafter mentioned community facilities district, the City Council of the City of Poway (the "City Council") has heretofore adopted Resolution No. 88-__~___ stating its intention to form Community Facilities District No. 88-1 of the City of Poway (Parkway Business Center) (the "Community Facilities District No. 88-1 (Parkway Business Center)") pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act"), as amended, to finance (1) the construction, purchase, modification, expansion, improvement or rehabilitation of storm drains, a fire station and equipment, water, sewer, 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 financing the Facilities and forming the District; and Resolution No. 88-103 Page 2 WHEREAS, the City Council estimates that the amount required to finance the Facilities and incidental expenses is approximately $45,000,000; and WHEREAS, in order to finance the Facilities and incidental expenses, the City Council intends to incur bonded indebtedness in the amount of $45,000,000, the repayment of which is to be secured by special taxes levied in accordance with Section 53328 of the Act on all property in the proposed Community Facilities District No. 88-1 (Parkway Business Center) other than those properties excluded in the rate and method of apportionment set forth in Resolution No. 88-102; NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY RESOLVE, 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 proposed Community Facilities District No. 88-1 (Parkway Business Center) in the amount of $45,000,000 to finance a portion of the costs of the Facilities for the District. Section 3. The indebtedness will be incurred for the purpose of financing the costs of designing, constructing, acquiring and inspecting the Facilities, acquiring necessary land and rights-of-way, equipment and property therefor, and fulfilling contractual commitments and carrying out the powers and purposes of Community Facilities District No. 88-1 (Parkway Business Center), including, but not limited to, the financing -2- 1324n/2468-04 Resolution No. 88-103 Page 3 of costs associated with the issuance of the bonds and all other costs and incidental expenses necessary to finance the Facilities which are permitted to be financed pursuant to the Act. Section 4. It is the intent of the City Council to authorize the sale of bonds in one or more series, in the maximum aggregate principal amount of $45,000,000 at a maximum interest rate not in excess of 12 percent per annum or a higher rate not in excess of the maximum rate permitted by law at the time that the bonds are issued. The term of the bonds shall be determined pursuant to a resolution of this City Council authorizing the issuance of the bonds, but such term shall in no event exceed 40 years or such longer term as is then permitted by law. Section 5. A public hearing (the "Hearing") on the proposed debt issue shall be held at 7:00 p.m. or as soon thereafter as practicable, on October 18, 1988, at the City Council Chambers, 13325 Civic Center Drive, Poway, California. Section 6. At the time and place set forth in this Resolution for the Hearing, any interested persons, including all persons owning land or registered to vote within proposed Community Facilities District No. 88-1 (Parkway Business Center), may appear and be heard. Section 7. 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 -3- 1324n/2468-04 Resolution No. 88-103 Page 4 circulation published in the area of the proposed Community Facilities District No. 88-1 (Parkway Business Center). Such publication shall be completed at least 7 days prior to the date of the Hearing. Section 8. The City Clerk is hereby 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 other- wise 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. 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. ~~~~ Rober u. mery, ayor // ATTEST: Marjor~e K. Wahlsten, City Clerk STATE OF CALIFORNIA ) ) ss. 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. 88-103 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: AYES: NOES: NCNE ABSTAIN: NCNE ABSENT: NCNE Marjor~ K. Wahlsten, City Clerk City ot,Poway