Res 90-191RESOLUTION NO. 90491
RESOLUTION OF 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) DECLARING THE RESULTS OF A
SPECIAL BOND AND SPECIAL TAX ELECTION TO
FINANCE CERTAIN FACILITIES 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) ("Community Facilities District
No. 90-1" or the "District") pursuant to Resolution Nos. 90-166
and 90-186 for the purpose of presenting to the qualified
electors within Community Facilities District No. 90-1 a
proposition authorizing the District to finance the
acquisition, construction and installation of certain roadway
and sewer facilities and related incidental expenses either
through the issuance of bonded indebtedness or the levy of the
special tax, as previously approved by the qualified electors
of the District on May 22, 1990; and
WHEREAS, the City Clerk of the City of Poway (the
"City Clerk") and the landowners of record within the District
as of the close of the September 11, 1990 protest hearing
unanimously consented to hold an election on September 18, 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 this 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 presented to the qualified electors of
Community Facilities District No. 90-1 on September 18, 1990
has received a unanimous vote of the qualified electors voting
at said election, and Proposition A has carried. The City
Resolution No. 90-191
Page 2
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.
PASSED, ADOPTED AND APPROVED, by the City Council of the City
of Poway, California, at a regular meeting thereof this 18th day of
September, 1990.
Don Higginson ,~Mayor
ATTEST:
Wahlsten, Clerk
Marj o~K. City
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. 90-191 , was duly adopted by the City Council at
a meeting of said City Council held on the 18th day of September ,
1990, and that it was so adopted by the following vote:
AYES:
BRANNON, EMERY, KRUSE, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: GOLDSMITH
Marjorie. K. Wahlsten, City Clerk
City f~oway
Resolution No. 90-191
Page 3
CERTIFICATE OF CITY CLERK OF THE CITY OF POWAY
AS TO RESULTS OF THE CANVASS OF ELECTION RETURNS
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I J~rjorie K. Wahlster~ the City Clerk of the City of
Poway, do hereby certify that I have examined the returns of
the Special Bonds, Special Tax and Facilities Change 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 was held on September 18,
1990. All ballots were returned to me on or prior to September
18 and 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: 191
NO: 0
TOTAL NUMBER OF VOTES CAST: 191
Dated this 18th day of September, 1990.
· y ~ o the City of Poway
"EXHIBIT A"