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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