Res 90-108RESOLUTION NO. 90- 108
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 90-1 OF THE CITY OF POWAY
(TECH 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. 90-1 of the City of Poway {Tech Business Center}
{"Con~nunity Facilities District No. 90-1" or the "District"} pursuant to
Resolutions Nos. 90-089 and 90-090 for the purpose of presenting to the
qualified electors within Community Facilities District No. 90-1 a proposition
for the authorization of bonds in the principal amount of $16,000,000 and the
levy of a special tax in accordance with the method set forth in Resolution No.
90-089 {"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 May 8, 1990 protest hearing unanimously consented to hold an
election on May 22, 1990 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 executed by the City Clerk and
the landowners which are on file with the City Clerk; and
WHEREAS, there has been presented to the City Council a Certificate of the
City Clerk as to the Results of the Canvass of the Election Returns, a copy of
which is attached hereto as Exhibit A;
NOW, THEREFORE, the City Council of the City of Poway acting in its capacity
as the legislative body of Community Facilities District No. 90-1 of the City of
Poway {Tech 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
Community Facilities District No. 90-1 on May 22, 1990 each has received a una-
nimous 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.
Resolution No. go- ]08
Page 2
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
proceeding 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
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 this 29th day of May, 1990.
Don Hlgginson, May~)~Y
ATTEST:
Marjorie IF. 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. 90- 108 was duly
adopted by the City Council at a meeting of said City Council held on the 29th
day of May, 1990, and that it was so adopted by the following vote:
AYES:
BRANNON, EMERY, GOLDSMITH, KRUSE, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Marjori~ I~. Wahlsten, City Clerk
City of ~way
Resolution No. 90- 108
Page 3
EXHIBIT A
CERTIFICATE OF CITY CLERK AS TO RESULTS
OF THE CANVASS OF ELECTION RETURNS
STATE OF CALIFORNIA )
) Ss.
COUNTY OF SAN DIEGO )
I, NANCY NEUFELD, the Deputy City Clerk of the City of
Poway, do hereby certify that I have examined the returns of
the Special Bond and Special Tax Election for Community
Facilities District No. 90-1 of the City of Poway (Tech
Business Center) (the "District"). Pursuant to the unanimous
consent of all qualified voters in the District and with my
concurrence, the election date was established as May 22,
1990. Prior to the election date, in accordance with the
provisions of Resolution Nos. 90-089 and 90-090, 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 May 22 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: 193
NO: 0
TOTAL NUMBER OF VOTES CAST: 193
I further certify that the results of said election
and the number of votes cast for and against Proposition B is
as follows:
YES: 193
NO: 0
TOTAL NUMBER OF VOTES CAST: 193
Dated this
22ndday of May ', 1990.
Cit'~-of~ow~a~y~De~uty City Clerk