Res 90-186RESOLUTION NO. 90- 186
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF POWAY ACTING AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 90-1 OF
THE CITY OF POWAY (TECH BUSINESS CENTER)
AUTHORIZING CHANGES IN THE PUBLIC FACILITIES
TO BE FINANCED AND CALLING AN ELECTION
On motion of Councilmember Brannon , duly
seconded and carried, the following.resolution was adopted:
WHEREAS, the City Council of the City of Poway (the
"City Council"), acting as the legislative body of Co~nunity
Facilities District No. 90-1 of the City of Poway (Tech
Business Center) (the "Co~mmunity Facilities District No. 90-1"
or the "District"), pursuant to the Mello-Roos Community
Facilities Act of 1982, as amended (the "Act"), has adopted its
Resolution No. 90-166 calling for a public hearing to be held
on September 11, 1990 to consider changes in the public
facilities to be financed by the District, as requested in a
petition of the owner of not less than 25 percent of the land
within the District; and
WHEREAS, pursuant to Resolution No. 90-166 notice of
such public hearing has been published on August 23, 1990 and
mailed on or about August 21, 1990 in accordance with the Act;
· and ~
WHEREAS, there has been filed with the City Clerk of
the City of Poway (the "City Clerk") the Certificate of the
Registrar of Voters certifying that there are fewer than twelve
registered voters within the District; and
WHEREAS, at the September 11, 1990 public hearing, all
persons desiring to be heard on all matters pertaining to the
.proposed changes in the types of public facilities authorized.
to be financed by the District were heard, written protests, if
any, were received and a full and fair hearing was held; and
WHEREAS, at the public hearing, evidence was presented
to the City Council on the matters before it, and this Board at
the conclusion of the hearing is fully advised as to all
matters relating.to the proposed changes in the types of public
facilities to be financed by the District;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY,
ACTING AS THE LEGISLATIVE BODY OF THE COMMUNITY FACILITIES
DISTRICT NO. 90-1 OF THE CITY OF P@WAY (TECH BUSINESS CENTER),
does hereby resolve, determine and order as follows:
Resolution No. 90-186
Page 2
Section 1. Each of the above recitals is true and
correct.
Section 2. The proposed changes in the types of
public facilities described in Resolution No. 90-166 has not
been protested by the owners of one-half (1/2) or more of the
area of land within the District or by any registered voters.
Section 3.. A special election is hereby called for
Community Facilities District No. 90-1 on the proposition of
changing the types of public facilities to be financed by
Community Facilities District No. 90-1. The proposition to be
presented to the qualified elector~ shall be substantially in
the form attached hereto as Exhibit "A".
Section 4. The special election for Community
Facilities District No. 9b-1 on the proposition of changing the
types of public facilities to be financed by the District shall
be held on September 18, 1990, subject to the concurrence of
the City Clerk as to the election date and the unanimous
consent of the landowners of record in the District as of the
close of the September 11, 1990 public hearing to a waiver of
the time limits for setting the election and a waiver of any
written analysis, arguments or rebuttals as set forth in
Sections 53326 and 53327 of the Government Code. If such
waivers and concurrence are not received on or prior to
September 11, 1990, the election shall be rescheduled to the
earliest possible date on which the landowners and the City
Clerk mutually agree.
Section 5. It is hereby found that there were fewer
than 12 registered voters within the territory of Community
Facilities District No. 90-1 during each of the 90 days
preceding the opening of the September 11, 1990 public hearing
regarding the proposed changes in types of public facilities
authorized to be financed by the District and, pursuant to
.Section 53326 .of the Government Code, the ball~ts for the
special election shall be distributed by personal service, or~
by mail, with return postage prepaid, by the City Clerk to the
landowners of record within Community Facilities District No.
90-1 as of the close of the protest hearing. 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 and may return
the ballot by mail or in person to the City Clerk not later
than 5:00 p.m. on September 18, 1990. Notwithstanding that
September 18, 1990 has been established as the election date,
in accordance with Section 53326(d) of the Government Code, the
election shall be closed and the results certified by the City
Clerk as soon as all qualified electors have voted.
Resolution No. 90-186
Page 3
Section 6. Community Facilities District No. 90-1 shall consti-
tute a single election precinct for the purpose of holding the elec-
tion.
Section 7. Not later than seven (7) days following the adoption
of this resolution, the City Clerk shall cause a notice of the
September 18, 1990 special election to be published in a newspaper
of general circulation published in the district.
PASSED, ADOPTED AND APPROVED, by the City Council of the City of
Poway, California, at a regular meeting thereof this llth day of
September, 1990.
ATTEST:
Marjdri~ 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. 90-186 was duly adopted by the City Council at a
meeting of said City Council held on the llth day of September,
1990, and that it was so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BRANNON, EMERY, GOLDSMITH, KRUSE, HIGGINSON
NONE
NONE
NONE
Marjori% K. Wahlsten, City Clerk
City q~ Poway
Resolution No. 90-186
Page 4
EXHIBIT A
OFFICIAL BALLOT
COMMUNITY FACILITIES DISTRICT NO. 90-1
OF
THE CITY OF POWAY
(TECH BUSINESS CENTER)
SPECIAL BOND, SPECIAL TAX AND FACILITIES CHANGE ELECTION
September 18, 1990
This ballot represents
votes.
To vote, stamp ~ 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 of the City of Poway and obtain
another.
PROPOSITION NO. A: Shall
Community Facilities District No. 90-1
of the City. of Poway (Tech Business Center)
be authorized to finance the acquisition,
construction and installation of those
certain roadway and sewage facilities
and related costs as set forth in Exhibit
A to Resolution No. 90-166 of the City
Council of the City of Poway
acting as the legislative body of
Community Facilities District No. 90-1
of the City of Poway either through
the issuance of the bonded indebtedness
or the levy of the special tax p~eviously
approved by the qualified electors of the
District at the special election held on
September 18, 19907
YES
NO