Res 90-166RESOLUTION NO. 90-166
RESOLUTION OF CONSIDERATION OF THE' CITY
COUNCIL OF THE CITY OF POWAY, CALIFORNIA
ACTING IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF COMuMUNITY FACILITIES DISTRICT NO.
90-1 OF THE CITY OF POWAY (TECH BUSINESS
CENTER) TO CHANGE THE FACILITIES TO BE
FINANCED BY COMMUNITY ~ACILITIES DISTRICT
NO. 90-1 OF THE CIT? (~ POWAY (TECH
BUSINESS CENTER)
On motion of Councilmember Bra,non , duly
seconded and carried, the following resolution was adopted:
WHEREAS, the owner (the "Owner") of not less than 25
percent of the area of land within the boundaries of community
Facilities District No. 90-1 of the City of Poway (Tech
Business Center) (the "District"), as such boundaries are
depicted on the map recorded with the County Recorder on April
18, 1990 in Book No. 24, Page No. 11, of the book of maps of
assessment and community facilities districts of the County of
San Diego, has filed a w[itten petition with the District to
change the facilities to be financed by the District as
permitted by Article 3 of the Mello-Roos Community Facilities
Act of 1982, as amended, commencing with Section 53311 of the
Government Code (the "Act"); and
WHEREAS, the City Council as the legislative body of
the District (the "City Council") has determined'that the
petition submitted by the Owner complies with the requirements
of Sections 53332 and 53333 of the Act and that the public
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Resolution No. 90-166
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convenience and necessity require the District to consider the
changes proposed by the Owner; and
WHEREAS, the City Council further intends to take the
initial steps necessary to consider the proposed change to the
special tax by adopting this resolution as required by Section
53334 of the Act;
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 RESOLVE, DETERMINE AND ORDER as
follows:
Section 1. The above recitals are true and correct.
The District consists of approximately 190.'52 acres of land in
the incorporated portion of the City of Poway known as "Tech
Business Center" and is generally located on the south side of
South Poway Road, east of Highway 15, in the County of San
Diego.
Section 2. The Owner has requested that, in addition
to the public facilities which the District is currently
authorized to finance pursuant to the Engineer's Report for the
District on file with the City Clerk, the District also be
authorized to finance all costs, including incidental costs
permitted by the Act, relating to the acquisition,
construction, purchase, modification, expansion, improvement or
rehabilitation of those additional road and sewage facilities,
~oth on-site and off-site, included in the Amended Engineer's
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Resolution No. 90-166
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Report for the District attached hereto as Exhibit A (the
"Additional Facilities"). No new special taxes would be levied
to pay,for the Additional Facilities and no alteration is
proposed to be made to the District's existing rate and method
Of apportionment of special tax. The cost of financing the
Additional Facilities will be paid for either from the proceeds
of bonds to be issued by the District or proceeds from the levy
of the District's existing special tax, both of which were
approved by the qualified electors of the District at the
special election held on May 22, 1990.
Section 3. A public hearing (the "Hearing") on the
proposed change to finance the Additional Facilities shall be
held at 7:00 p.m., or as soon thereafter as practicable, on
September 11, 1990, at the regular meeting place of the City
Council, 13325 Civic Center Drive, Poway, California. Should
~he City Council determine to submit the proposed change to
finance the Additional Facilities to the qualified electors of
the District following the Hearing, a special election will be
held to authorize the change to finance the Additional
Facilities. If the election is held, the proposed voting
procedure at the election would be a landowner vote with each
landowner having one vote for each acre of land or portion
thereof owned within the District as of the close of the
Hearing.
Section 4. At such time and place set forth above for
the Hearing, the City Council shall receive testimony as to
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Resolution No. 90-166
Page 4~
whether the facilities eligible for financing by the District
shall be amended to include the Additional Facilities as set
forth in this resolution.
Section 5. At the time and place set forth above for
the Hearing, any interested person, including all persons
owning lands or registered to vote within the District, may
appear and be heard.
Section 6. The Clerk of the City Council 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 circulation published in the area of the District.
The Notice shall contain the information required by Section
53335 of the Act, the time. and place of the Hearing, a
statement that the testimony of all interested persons or
taxpapers will be heard, a description of the protest rights of
the registered voters and landowners to the proposed amendment
and a description of the proposed votiQg procedure for the
election required by the Act. Such publication shall be
completed ~t least 7 days prior to the date of the Hearing.
Section 7. The Clerk of the City Council 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 the District as shown on" the last
equalized assessment roll, or otherwise known to the Clerk to
be a current owner of land within the District. Said mailing
shall be completed not less than fifteen (15) days prior to the
date of the Hearing.
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Resolution No. 90-166
Page 5
PASSED, ADOPTED, AND APPROVED, by the City Council of the
City of Poway, California, at a regular meeting thereof this 7th
day of August, 1990.
ATTEST:
Marjo~K. Wahlsten, City Clerk
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. 90-166 was duly adopted by the City Council at a
meeting of said City Council held on the 7 day of AuquSt ,
1990, and that it was so adopted by the following vote:
AYES: BRANNON, EMERY, GOLDSMITH, KRUSE, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Marjo~e~K. Wahlsten, City Clerk
City o~]~oway
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