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Res 88-123RESOLUTION NO. 88- 123 RESOLUTION OF THE CITY COUNCIL OF CITY OF POWAY, CALIFORNIA, DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS IN THE AMOUNT OF $45,000,000 WITHIN COMMUNITY FACILITIES DISTRICT NO. 88-1 OF THE CITY OF POWAY (PARKWAY BUSINESS CENTER) AND CALLING AN ELECTION WHEREAS, on September 13, 1988, the City Council of the City of Powa¥ (the "City Council") adopted Resolution No. 88-102 stating its intention to form Community Facilities District No. 88-1 of the City of Poway (Parkway Business Center) ("Community Facilities District No. 88-1") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"); and WHEREAS, on September 13, 1988, the City Council also adopted Resolution No. 88-103 stating its intention to incur bonded indebtedness in the amount of $45,000,000 within proposed Community Facilities District No. 88-1 for the purpose of financing (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) (the "Facilities"), and (2) the incidental expenses to be incurred in connection therewith; and WHEREAS, on September 29, 1988, notice was published in a newspaper of general circulation in the District as required by Sections 53322 and 53346 of the Government Code relative to the intention of the City Council to form proposed Community Facilities District No. 88-1 and to incur bonded indebtedness in the amount of $45,000,000 within the boundaries of proposed Community Facilities District No. 88-1; and WHEREAS, on October 18, 1988, this City Council held a noticed public hearing as required by Sections 53325 and 53349 of the Government Code to determine whether it should proceed with the formation of Community Facilities District No. 88-1, issue bonds to pay for the facilities proposed in Resolution No. 88-102 and authorize the rate and method of apportionment of a special tax to be levied within Community Facilities District No. 88-1 for the purpose of paying for the proposed facilities required within the District, creating or replenishing any necessary reserve funds, paying the annual costs associated with the bonds proposed to be issued to finance the proposed facilities, including, but not limited to, the principal and interest on the bonds, and paying any incidental expenses of the District as set forth in the Act and Resolution No. 88-102; and Resolu%ion No. 88-123 Page 2 WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of Community Facilities District No. 88-1, the levy of a special tax and the issuance of bonds to pay for the facilities proposed in Resolution No. 88-102 were heard and a full and fair hearing was held; and WHEREAS, the City Council subsequent to such hearing adopted Resolution No. 88-122 (the "Resolution of Formation") establishing Community Facilities District No. 88-1 and authorizing the financing of the public facilities and improvements described therein (the "Facilities"); 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 combined proposition to the voters of the District, being the landowners of the proposed District, all as authorized and required by law; 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. It is necessary to incur bonded indebtedness in a maximum aggregate principal amount not to exceed $45,000,000 within Community Facilities District No. 88-1. Section 3. The indebtedness is to be incurred for the purpose of financing the costs of designing, constructing, acquiring, leasing, modifying or rehabilitating the Facilities, and acquiring the necessary equipment and property therefor, and for the purpose of fulfilling contractual commitments and carrying out the powers and purposes of Community Facilities District No. 88-1, including, but not limited to, the costs of selling bonds to finance such costs of acquisition and construction. Section 4. Except for property exempted from taxation in the Rate and Method of Apportionment of Special Tax attached to the Resolution of Formation as Exhibit A, the whole of the property within Community Facilities District No. 88-1 shall pay for the bonded indebtedness pursuant to the levy of the special tax authorized by the Resolution of Formation. Section 5. The maximum term of the bonds to be issued shall in no event exceed forty (40) years. -2- 1852n/2468-00 Resolution No. 88-123 Page 3 Section 6. The bonds shall bear interest at a 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 7. The bonds issued by Community Facilities District No. 88-1 may bear a variable interest rate, provided that such variable rate shall not exceed the maximum rate permitted by Section 53531 of the Government Code, or any other applicable provision of law limiting the maximum interest rate on the bonds. To the extent permitted by law, an amount equal to the interim variable interest rate which from time to time may exceed the maximum interest rate permitted by law may be added to the principal amount due under the bonds. Section 8. Pursuant to Section 53351 of the Government Code, a special election is hereby called for Community Facilities District No. 88-1 on the proposition of incurring the bonded indebtedness. The proposed propositions relative to incurring bonded indebtedness in the maximum aggregate principal amount of $45,000,000, and authorizing the levy of the special tax within Community Facilities District No. 88-1 shall be combined into one ballot proposition for the District pursuant to Section 53353.5 of the Government Code. The form of the combined proposition is attached to the Resolution of Formation as Exhibit B and incorporated by reference herein. Section 9. The special election for Community Facilities District No. 88-1 on the propositions of incurring the bonded indebtedness and authorizing the levy of the special tax shall be November 1, 1988, subject to receipt by the City Clerk of the unanimous consent of the landowners of the District to a waiver of the time limits for setting the election and a waiver of any written analysis, arguments or rebuttals as set forth in Sections 53326 and 53327 of the Government Code and further subject to the concurrence of the Registrar of Voters of such date. If such waiver and concurrence is not received on or prior to October 31, 1988, the election shall be rescheduled to the earliest possible date on which the landowners and the City Clerk mutually agree. Section 10. Based upon the certificate from the Deputy City Clerk attached hereto as Exhibit A, it is hereby found that fewer than 12 registered voters have resided within the territory of proposed Community Facilities District No. 88-1 for each of the 90 days prior to the opening of the October 18, 1988, public hearing regarding the formation of the -3- 1852n/2468-00 Resolution No. 88-123 Page 4 District and, pursuant to Section 53326 of the Government Code, the ballots for the special election shall be distributed by personal service, or by mail, with return postage prepaid, by the City Clerk to the landowners of record within Community Facilities District No. 88-1 as of the close of the protest hearing. Each landowner shall have one vote for each acre or portion thereof that he or she owns within Community Facilities District No. 88-1, as provided in Section 53326 of the Government Code and may return the ballot by mail or in person to the'City Clerk not later than 5:00 p.m. on November 1, 1988. Notwithstanding that November 1, 1988, has been established as the election date, in accordance with Sections 53326(d) and 53351(j) of the Government Code, the election shall be closed and the results certified by the City Clerk as soon as all qualified electors have voted. Section 11. Community Facilities District No. 88-1 shall constitute a single election precinct for the purpose of holding the election. PASSED, ADOPTED AND APPROVED, by the City Council of the City of Poway, California, at a regular meeting thereof this 18th day of October, 1988. Robert C. Emery, Ma~3~-'~ ATTEST: Marjori~ ~. Wahlsten -4- 1852n/2468-00 Resolution No. 88-123 Page 5 STATE OF CALIFORNIA ) ) COUNTY OF SAN DIEGO ) ss. I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution, No. 88-123 , was duly adopted by the City Council at a meeting of said City Council held on the 18th day of October, 1988, and that it was so adopted by the following vote: AYES: BRANNON, HIGGINSON, KRUSE, TARZY, EMERY NOES: NONE ABSTAIN: NONE ABSENT: NONE MarjorSe ~. Wahlsten, City Clerk City o~ POway Resolution No. 88-123 Page 6 "EXHIBIT A" CERTIFICATE OF DEPUTY CITY CLERK I, Nancy Neufeld, Deputy City Clerk of the City of Poway, hereby certify, based upon information provided for such certification by the County of San Diego Registrar of Voters, that, as of the date hereof, fewer than 12 persons are registered to vote within the territory proposed to be included within Community Facilities District No. 88-1 of the City of Poway (Parkway Business Center)· the boundaries of which are set forth on the map recorded in Book 22, Page 49, of the maps of assessment and community facilities districts in the Office of the County Recorder of the County of San Diego on September 27, 1988. Dated: · 1988 Deity ~ty×Cle~k ~or the City of Poway 1868n/2468-04