Res 88-127RESOLUTION NO. 88-127
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY
ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 88-1 OF THE CITY OF POWAY
(PARKWAY BUSINESS CENTER) DECLARING THE RESULTS OF
A SPECIAL BOND AND SPECIAL TAX ELECTION AND APPROVING
CERTAIN RELATED ACTIONS
WHEREAS, the City Council called and duly held an election in Community
Facilities District No. 88-1 of the City of Poway {Parkway Business Center}
{"Con~i~unity Facilities District No. 88-1" or the "District") pursuant to
Resolution Nos. 88-122 and 88-123 for the purpose of presenting to the qualified
electors within Community Facilities District No. 88-1 a proposition for the
authorization of bonds in the principal amount of $45,000,000 and the levy of a
special tax in accordance with the method set forth in Resolution No. 88-122
{"Proposition A") and a proposition to establish an appropriations limit for the
District as defined in subdivision {h) of Section 8 of Article XIII B of the
California Constitution {"Proposition B"); and
WHEREAS, the City Clerk and the landowners of record within the
District as of the close of the October 18, 1988 Protest hearing unanimously
consented to hold an election on November 1, 1988 as permitted by Government
Code Sections 53326 and 53327 and agreed to waive certain provisions regarding
the conduct and timing of the election as set forth in written certificates exe-
cuted by the City Clerk and the landowners which are on file with the City
Clerk; and
the City
of which
WHEREAS, there has been presented to this City Council a Certificate of
Clerk as to the Results of the Canvass of the Election Returns, a copy
is attached hereto as "Exhibit A";
capacity
the City
NOW, THEREFORE, the City Council of the City of Poway acting in its
as the legislative body of Community Facilities District No. 88-1 of
of Poway {Parkway Business Center) DOES HEREBY DECLARE that
1. The above recitals are true and correct.
2. Proposition A and Proposition B presented to the qualified electors of
Con~i~unity Facilities District No. 88-1 on November 1, 1988 each has received a
unanimous vote of the qualified electors voting at said election, and
Proposition A and Proposition B each has carried. The City Council, acting as
the legislative body of the District, is hereby authorized to issue, from time
to time as it determines appropriate, bonds for the benefit of the District for
the purposes set forth in Proposition A and to take the necessary steps to levy
the special tax authorized by Proposition A.
3. The officers of the City and their authorized representatives are, and
each of them acting alone is, hereby authorized and directed to institute a pro-
ceeding under Section 860 et seq. of the Code of Civil Procedure of the State of
California with respect to any and all issues arising in connection with the
formation of the District, the incurrence of bonded indebtedness, and the levy
of the special tax which properly may be brought before the Court in such a pro-
ceeding, including, but not limited to, the validity of any and all actions
Resolution No. 88-127
Page Z
taken or to be taken with respect to any of the foregoing. The officers of the
City and their authorized representatives are, and each of them acting alone is,
hereby authorized and directed to file such papers, affidavits and documents and
take all such other actions as may be necessary or appropriate for purposes of
successfully maintaining such action.
PASSED, ADOPTED AND APPROVED, by the City Council of the City of Poway,
California, at a regular meeting thereof th~is~
Retiert C. Emery~ Mayor~
ATTEST:
Marjor~e~. Wahlsten, City Clerk
STATE OF 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- 127 was duly
adopted by the City Council at a meeting of said City Council held on the 1st
day of November, 1988, and that it was so adopted by the following vote:
AYES: BRANNON, HIGGINSON, KRUSE, TARZY, EMERY
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Marjorie I(. Wahlsten, City Clerk
City ofk~oway
Resolution No. 88-127
Page 3
'EXHIBIT A'
CERTIFICATE OF CITY CLERK A5 TO RESULTS
OF THE CANVASS OF ELECTION RETURNS
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, the City Clerk of the City of Poway, do
hereby certify that I have examined the returns of the Speclal Bond and Special
Tax Election for Community Facllltles District No. 88-1 of the City of Poway
(Parkway Business Center) (the "District"). Pursuant to the unanimous consent
of all qualified voters in the Distrtct and with my concurrence, the election
date was established as November 1, 1988. Prior to the election date, in accor-
dance with the provisions of Resolution Nos. 88-122 and 88-123, I personally
delivered a Ballot Pamphlet and a ballot to the authorized representative of
each qualified elector. All ballots were returned to me on or prior to
November 1 and, upon receipt of all ballots, the election was then closed as
permitted by Government Code Section 53326(d) and 53351(j).
I further certify that the results of said election and the number of
votes cast for and against Proposition A is as follows:
YES: 474
NO: 0
TOTAL NUMBER OF VOTES CAST: 474
I further certify that the results of said election and the number of
votes cast for and against Proposition B is as follows:
YES: 474
NO: 0
TOTAL NUMBER OF VOTES CAST: 474
Dated this 1st day of November, 1988.
Marjorie K~ Wahlsten, City Clerk
City of ~ay