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