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Res 90-090RESOLUTION NO. 90-090 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS IN THE AMOUNT OF $16,000,000 WITHIN COMMUNITY FACILITIES DISTRICT NO. 90-1 OF THE CITY OF POWAY AND CALLING AN ELECTION WHEREAS, the City Council of the City of Poway (the "City Council") adopted Resolution No. 90-076 stating its intention to form Community Facilities District No. 90-1, of the City of Poway ("Community Facilities District No. 90-1" or the "District") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"); and WHEREAS, the City Council also adopted Resolution No. 90-077 stating its intention to incur bonded indebtedness in the amount of $16,000,000 within proposed Community Facilities District No. 90-1 to finance the costs of planning, designing, constructing, acquiring, modifying, improving or rehabilitating certain real and other tangible property with an estimated useful life of five years or longer, consisting of certain roadway and street improvements and water, sewer and drainage facilities (including reservoirs, pump stations and transmission lines), public trails, parks and fire fighting equipment, both on-site and off-site, necessary to be constructed to facilitate development within the District (the "Facilities"), all as described in Resolution No. 90-076 to serve the area within Community Facilities District No. 90-1; and Resolution No. 90- 090 Page 2 WHEREAS, notice was published as required by law relative to the intention of the City Council to form proposed Community Facilities District No. 90-1 and to incur bonded indebtedness in th~ amount of $16,000,000 within the boundaries of proposed Community Facilities District No. 90-1; and WHEREAS, on May 8, 1990, this City Council held a noticed public hearing as required by law to determine whether it should proceed with the formation of Community Facilities District No. 90-1, issue bonds to pay for the Facilities and authorize the rate and method of apportionment of a special tax to be levied within Community Facilities District No. 90-1 in accordance with the procedures contained in the Act to pay (i) the principal and interest and other periodic costs on the bonds proposed to be issued to finance the Facilities, including replenishment of a reserve fund and remarketing, credit enhancement and liquidity facility fees, (ii) the costs of forming the district and administering the levy and collection of the special tax, and (iii) all other costs incidental to the special tax levy, the issuance of bonds for the Facilities or the planning, construction, completion and inspection of the Facilities, including, but not limited to, the payment of "incidental expenses" of the District, as such term is defined in the Act and to repay funds advanced for the cost of the Facilities and incurred in creating the District; and Resolution No. 90-090 Page 3 WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of Community Facilities District No. 90-1, the levy of a special tax and the issuance of bonds to pay for a portion of the Facilities were heard and a full and fair hearing was held; and WHEREAS, the City Council subsequent to such hearing adopted Resolution No. 90-089 establishing Community Facilities District No. 90-1; and WHEREAS, the City Council has received the unanimous consent of the landowners of the District waiving any published and mailed notice of the time and date of the election set forth in the Government Code and Section 53326 of the Elections Code, the time limits for setting the election set forth in Section 53326 of the Government Code, and all matters relating to calling and holding of the election as set forth in Section 53327 of the Government Code; 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: Resolution No. 90- 090 Page 4 Section 1. It is necessary to incur bonded indebtedness in a maximum aggregate principal amount not to exceed $16,000,000 within Community Facilities District No. 90-1. Section 2. The indebtedness is to be incurred for the purpose of financing the costs of planning, designing, constructing, acquiring, modifying, improving or rehabilitating the Facilities, as described in Resolution No. 90-076, and for the purpose of fulfilling contractual commitments, including the reimbursement of funds advanced for the payment of costs of the Facilities and costs incurred in creating Community Facilities District No. 90-1, and carrying out the powers and purposes of Community Facilities District No. 90-1, including, but not limited to, the costs of selling bonds to finance such costs of acquisition and construction, the establishment of reserve funds remarketing, credit enhancement and liquidity facility fees. Section 3. The whole of the property within Community Facilities District No. 90-1 shall pay for the bonded indebtedness pursuant to the levy of the special tax authorized by Resolution No. 90-089 establishing Community Facilities District No. 90-1. Section 4. The maximum term of the bonds to be issued shall in no event exceed forty (40) years. Section 5. The bonds shall bear interest at the rate or rates not to exceed the maximum interest rate permitted by law, payable semiannually, except the first interest payment Resolution No. 90- 090 Page 5 may be for a period of less than six months, with the actual rate or rates and times of payment to be determined at the time or times of sale thereof. Section 6. The bonds issued by Community Facilities District No. 90-1 may bear a variable interest rate, provided that such variable rate or the fixed 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. Section 7. Pursuant to Section 53351 of the Government Code, a special election is hereby called for Community Facilities District No. 90-1 on the proposition of incurring the bonded indebtedness. The proposed propositions relative to incurring bonded indebtedness in the maximum aggregate principal amount of $16,000,000, and authorizing the levy of the special tax within Community Facilities District No. 90-1 shall be combined into one ballot proposition for the District pursuant to Section 53353.5 of the Government Code. The proposed combined proposition is attached hereto as Exhibit #A". Section 8. The date of the special election for Community Facilities District No. 90-1 on the proposition of incurring the bonded indebtedness, authorizing the levy of the special tax and establishing an appropriations limit for the District shall be on the 22nd day of May, 1990. The City Clerk of the City of Poway is authorized and directed to conduct the election. Resolution No. 90- 090 Page 6 Section 9. It is hereby found that there are fewer fhan 12 registered voters within the territory of proposed Community Facilities District No. 90-1 and, pursuant to Section 53326 of the Government Code. Each landowner shall have one vote for each acre or portion thereof that he or she owns within Community Facilities District No. 90-1, as provided in Section 53326 of the Government Code. Section 10. Community Facilities District No. 90-1 shall constitute a single election precinct for the purpose of holding the election. The polling place shall be at the office of the City Clerk of the City of Poway. The polls shall be open from 8:00 a.m. to 5:00 p.m. or until all the ballots are cast, at which time the polls shall close. Immediately upon the conclusion of the election, the City Clerk shall count the returns and certify the results of the election. ADOPTED, SIGNED AND APPROVED this 8th day of May, 1990. CITY COUNCIL OF THE CITY OF POWAY ATTEST: City Cle~rk of the City of Poway Resolution No. 90-090 Page 7 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) I,M~r,iorie 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 at a meeting of said Council held on the 8th day of May , 1990, and that it was so adopted by the following vote: AYES: BRANNON, EMERY, GOLDSMITH, KRUSE, HIGGINSON NONE NOES: NONE ABSTAIN: NONE ABSENT: NONE City Clerk of the City of Poway Resolution No. 90- 090 Page 8 OFFICIAL BALLOT COMMUNITY FACILITIES DISTRICT NO. 90-1 OF CITY OF POWAY SPECIAL BOND, SPECIAL TAX AND SPECIAL APPROPRIATIONS ELECTION May 22, 1990 You are entitled to cast votes. 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 City Clerk and obtain another. PROPOSITION NO. A: Shall Community Facilities District No. 90-1 of the City of Poway (the "District") incur an indebtedness and issue bonds in the maximum aggregate principal amount of $16,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law, the proceeds of which will be used to finance the costs of planning, designing, constructing, acquiring, modifying, improving or rehabilitating certain real and other tangible property with an estimated useful life of five years or longer, consisting of certain roadway and street improvements and water, sewer and drainage facilities (including reservoirs, pump stations and transmission lines), public trails, parks and fire fighting equipment, both on-site and off-site, necessary to be constructed to facilitate development within the District (the "Facilities"), as provided in Resolution No. 90-076 of the City Council of the City of Poway adopted on April 3, 1990, and shall a special tax with a rate and method of apportionment as provided in in the Resolution of the City Council of the City of Poway establishing the District, adopted on YES NO EXHIBIT A Resolution No. 90- 090 Page 9 May 8, 1990 be levied to pay for the Facilities, for the creation or replenishment of any necessary reserve funds, for any incidental expenses of the District, any expenses associated with the Facilities or the bonds, and for the payment of the principal of and interest on such bonds? PROPOSITION NO. B: For each year commencing with fiscal year 1990/91, shall the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, for Community Facilities District No. 90-1 be an amount equal to $16,000,000.007 YES NO