Loading...
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 -1- Resolution No. 90-166 Pag~ 2 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 -2- Resolution No. 90-166 Page 3 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 -3- 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. -4- 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 -5-