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Res 95-123RESOLUTION NO. 95-123 A RESOLUTION OF CONSIDERATION OF THE CITY COUNCIL OF THE CITY OF POWAY, DECLARING ITS INTENTION TO CONDUCT PROCEEDINGS FOR THE ABANDONMENT OF COMMUNITY FACILITIES DISTRICT NO. 90-1 OF THE CITY OF POWAY (TECH BUSINESS CENTER), THE TERMINATION OF THE EXISTING SPECIAL TAX OF COMMUNITY FACILITIES DISTRICT NO. 90-1 AND THE TERMINATION OF THE AUTHORITY OF COMMUNITY FACILITIES DISTRICT NO. 90-1 TO ISSUE BONDED INDEBTEDNESS WHEREAS, on April 3, 1990, the City Council of the City of Poway (the "City Council") adopted Resolution No. 90-076 stating its intention to form 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 the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"); and WHEREAS, on April 3, 1990, the City Council also adopted Resolution No. 90- 077 stating its intention to incur bonded indebtedness in the amount of $22,000,000 within proposed Community Facilities District 90-1 for the purpose of financing the construction, acquisition, modification, expansion or rehabilitation of certain real and other tangible property with an estimated useful life of 5 years or longer, including roadway and street improvements and water, sewer and drainage facilities (including reservoirs, pump stations and transmission lines), public trails, parks and fire fighting equipment, both onsite and offsite, all as more fully described in Resolution No. 90-067 adopted by the City Council on April 3, 1990 (the "Facilities") to serve the area within Community Facilities District No. 90-1; and WHEREAS, on May 8, 1990, the City Council held a noticed publ c hearing as required by law to determine whether it should proceed with the Formation of Community Facilities District No. 90-1, issue bonds to pay for the cilities and authorize the rate and method of apportionment of a special tax ko be levied within Community Facilities District No. 90-1 for the purpose of paying for the Facilities to be provided within Community Facilities District No. 9(-1, creating or replenishing any necessary reserve funds, paying the annual costs associated with the bonds proposed to be issued to finance the Facilities, including, but not limited to, the principal and interest on the bonds, and paying any incidental expenses of the District as set forth in the Act and Resolution No. 90-077; and WHEREAS, on May 8, 1990, the City Council adopted Resolution No. 90-089 which established Community Facilities District No. 90-1, authorizec the levy of a special tax within Community Facilities District No. 90-1 ard called an election within Community Facilities District No. 90-1 for May 22, 1990 on the proposition of incurring bonded indebtedness and levying a special tax; and WHEREAS, on May 8, 1990, the City Council also adopted ResolL 090 which determined the necessity to incur bonded indebtedness in t $22,000,000 within Community Facilities District No. 90-1 and calle( within Community Facilities District No. 90-1 for May 22, 1990, on the proposition of incurring bonded indebtedness and levying a special tax; and tion No. 90- he amount of an election Resolution No. 95- 123 Page 2 WHEREAS, on May 22, 1990, an election was held within Community Facilities District No. 90-1 at which the qualified electors approved by more than a two- thirds vote the proposition of incurring bonded indebtedness of $16,000,000 and levying a special tax as set forth in Resolution No. 90-089; and WHEREAS, on July 17, 1990, the City Council adopted Ordinance No. 321 authorizing the levy of special tax within Community Facilities District No. 90-1 ("Ordinance No. 321"); and WHEREAS, the owners (the "Owners") of not less than 25 percent of the territory within Community Facilities District No. 90-1 have filed a written petition with the City requesting that the City should institute proceedings to abandon the District, thereby terminating the right of the District to levy the special tax currently described in Ordinance No. 321 and the right of the District to issue any of the bonds heretofore authorized pursuant to Resolution No. 90-090 of the City Council; and WHEREAS, the boundaries of the District are as depicted on the map entitled "Proposed Boundaries of Community Facilities District No. 90-1 of the City of Poway (Tech Business Center)," recorded with the County Recorder of the County of San Diego in the book of maps of assessment and community facilities districts at Book 24, Page 11 (the "Map); and WHEREAS the City Council has determined that the petition submitted by the Owner complies with the requirements of Section 53332 of the Act and that the public convenience and necessity require the District to consider the abandonment of the District; and WHEREAS, the City Council has determined that as of the date hereof, the District has not issued any indebtedness pursuant to the Act, or otherwise, and that, therefore, no proceeds of special taxes of the District are being used to retire any debt incurred pursuant to the Act; and WHEREAS, the City Council now deems it appropriate, in light of the foregoing, and intends to take the initial steps necessary to consider the proposed abandonment of Community Facilities District No. 90-1 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 does ordain as follows: Section 1. The above recitals are all true and correct. Section 2. The proposed abandonment of Community Facilities District No. 90-1 and, in connection therewith, the termination of the special tax authorization and bond authorization of Community Facilities District No. 90-1 (collectively, the "Amendments") shall apply to all territory within the District, the boundaries of which were established by and are described in the Resolution of Formation and the Map recorded with the County Recorder for the County of San Diego. Resolution No. 95-123 Page 3 Section 3. A public hearing (the "Hearing") on the proposed Amendments shall be held at 7 p.m., or as soon thereafter as practicable, on January 9, 1996 at the regular meeting place of the City Council, the City Council Chambers, 13325 Civic Center Drive, Poway, California 92064. Should the City Council determine to submit the proposed Amendments to the qualified electors of the District following the Hearing, a special election will be held to authorize the Amendments. If the election is held, the proposed voting procedure at the election would be a landowner vote with each landowner who is the owner of record at the close of the protest hearing, or authorized representative thereof, having one vote for each acre or portion of an acre of land that he or she owns within the District or if at least 12 persons, who need no necessarily be the same 12 persons, have been registered to vote within the District for each of the 90 days preceding the close of the Hearing, then the vote shall be by the registered voters of the District, with each voter having one vote. Section 4. At such time and place set forth above for the Hearing, the City Council shall receive testimony as to whether the District shall be abandoned 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 City Clerk 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 taxpayers will be heard, a description of the protest rights of the registered voters and landowners to the proposed Amendments and a description of the proposed voting procedure for the election required by the Act. Such publication shall be completed at least 7 days prior to the date of the Hearing. Section 7. The City Clerk 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 City 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. Section 8. This Resolution shall take effect from and after its date of adoption. PASSED, ADOPTED AND APPROVED, by the City Council of the City of Poway at a regular meeting thereof this 28th day of November, 1995. Don Higginson,(-~ ATTEST: Marjorie K'~ Wahlsten, City Clerk Resolution No. 95- 123 Page 4 STATE OF CALIFORNIA COUNTY OF SAN DIEGO I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify that the foregoing Resolution No. 95- 123 was duly adopted by the City Council at a meeting of said Council on the 28th day of November, 1995, and that it was so adopted by the following vote: AYES: CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: NONE Marjorie~K. Wahlsten City Clerk