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Miscellaneous Notices
PUBLISHED: Friday December 07, 2012

POWAY UNIFIED SCHOOL DISTRICT
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NOTICE OF PUBLIC HEARING TO FORM
COMMUNITY FACILITIES DISTRICT NO. 15 (DEL SUR EAST),
TO DESIGNATE IMPROVEMENT AREAS 'A,' 'B,' 'C,' and 'D' THEREIN
AND AUTHORIZE LEVY OF SPECIAL TAXES
IN SUCH COMMUNITY FACILITIES DISTRICT
AND IN SUCH IMPROVEMENT AREAS

NOTICE IS HEREBY GIVEN that the BOARD OF EDUCATION (the “Board of Education”) of the POWAY UNIFIED SCHOOL DISTRICT, CALIFORNIA (the “School District”), has adopted its Resolution No. 18-2013 declaring the intention (the “Resolution of Intention”) of the Board of Education to establish a Community Facilities District and to designate Improvement Areas therein pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”, for the purpose of financing the acquisition or construction of certain public facilities through the levy of special taxes to pay for all or a portion of the cost of the acquisition or construction of such public facilities and to further authorize the issuance of bonds secured by such special taxes to pay for all or a portion of the cost of the acquisition or construction of such public facilities, such Community Facilities District hereinafter designated as Community Facilities District No. 15 (Del Sur East) (the “District”) and such Improvement Areas hereinafter designated as Improvement Areas 'A,' 'B,' 'C,' and 'D'.

DESCRIPTION OF DISTRICT

A description of the boundaries of the territory proposed for inclusion in the District and Improvement Areas 'A,' 'B,' 'C,' and 'D' is as follows:

All that property as shown on a map as previously approved by this Board
of Education, such map designated by the name of this District, a copy of
which is on file in the office of the Secretary of the School District and shall
remain open for public inspection.

DESCRIPTION OF PUBLIC FACILITIES

The public facilities proposed to be financed (the “Proposed Facilities”) consist of school facilities to be owned by the School District (the “School Facilities”) and additional public facilities to be owned by the City of San Diego (the “City Improvements”). The types of such School Facilities are described in Exhibit A to the Resolution of Intention and the types of such City Improvements are described in Exhibit B to the Resolution of Intention. A copy of the Resolution of Intention is on file in the Planning Department of the School District located at 13626 Twin Peaks Road, Building 900A, Poway, CA 92064-3034 and available for public inspection during normal business hours of the School District.

The cost of acquiring or constructing the Proposed Facilities includes incidental expenses where applicable including, but not limited to, the costs of planning and designing such facilities; all costs associated with the establishment of the District, the issuance and administration of bonds, including the payment of any rebate obligation due and owing to the federal government, the determination of the amount of any special taxes to be levied, the costs of collecting any special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the District, together with any other expenses incidental to the acquisition, construction, completion and inspection of such facilities.

PROPOSED LEVY OF SPECIAL TAXES

Except to the extent that funds are otherwise available to the District to pay for the School Facilities and/or the principal and interest as it becomes due on bonds of the District issued to finance the School Facilities, a special tax sufficient to pay the costs thereof (the “District Special Tax”), secured by recordation of a continuing lien against all non-exempt real property in the District, is intended to be levied annually within District, and collected in the same manner as ordinary ad valorem property taxes, or in such other manner as the Board of Education or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the District Special Tax among the parcels of real property within the District, in sufficient detail to allow each landowner within proposed District to estimate the maximum amount such owner will have to pay, are set forth in Exhibit C to the Resolution of Intention.

Except to the extent that funds are otherwise available to the District to pay for the City Improvements and/or the principal and interest as it becomes due on bonds of the District issued for Improvement Areas 'A,' 'B,' 'C,' and 'D' to finance the City Improvements, a special tax sufficient to pay the costs thereof (the “Improvement Area Special Tax”), secured by recordation of a continuing lien against all non-exempt real property within Improvement Areas 'A,' 'B,' 'C,' and 'D', is intended to be levied annually within Improvement Areas 'A,' 'B,' 'C,' and 'D', and collected in the same manner as ordinary ad valorem property taxes, or in such other manner at the Board of Education or its designee shall determine, including direct billing of the affected property owners. Notwithstanding the foregoing, if and to the extent that Improvement Area Special Taxes are levied on Developed Property (as defined in Exhibit D-1, D-2, D-3 and D-4 to the Resolution of Intention) in any fiscal year within Improvement Areas 'A,' 'B,' 'C,' and 'D' in excess of that required to satisfy the special tax requirements for Improvement Areas 'A,' 'B,' 'C,' and 'D' for such fiscal year, such surplus Improvement Area Special Taxes may be utilized to finance additional School Facilities. The proposed rate and method of apportionment of the Improvement Area Special Taxes among the parcels of real property within Improvement Areas 'A,' 'B,' 'C,' and 'D' proposed to be established within the District in sufficient detail to allow each landowner within Improvement Areas 'A,' 'B,' 'C,' and 'D' to estimate the maximum amount such owner will have to pay is set forth in Exhibit D to the Resolution of Intention.

PUBLIC HEARING

NOTICE IS GIVEN THAT ON DECEMBER 17, 2012, AT THE HOUR OF 4:00 P.M., IN THE REGULAR MEETING PLACE OF THE BOARD OF EDUCATION BEING THE OFFICES OF THE SCHOOL DISTRICT LOCATED AT 15250 AVENUE OF SCIENCE, SAN DIEGO, CALIFORNIA 92128, A PUBLIC HEARING WILL BE HELD WHERE THIS BOARD OF EDUCATION WILL HEAR ALL EVIDENCE AND TESTIMONY BY ALL INTERESTED PERSONS, PROPERTY OWNERS, VOTERS AND TAX PAYERS, REGARDING THE FOLLOWING:

o Consider the establishment of the proposed District and the designation of
the Improvement Areas 'A,' 'B,' 'C,' and 'D';

o Authorization for the levy of the District Special Tax to finance the School
Facilities and the Improvement Area Special Taxes to finance the City
Improvements and additional School Facilities, to pay bonded indebtedness
incurred by the District as a whole to fund the School Facilities or by the District
for Improvement Areas 'A,' 'B,' 'C,' and 'D' to fund the City Improvements, to
fund a reserve fund for such bonded indebtedness, to pay costs of
administering any such bonded indebtedness of the District and/or of levying
and collecting the applicable special taxes and otherwise administering the
District;

o The proposed rates and methods of apportionment of the District Special Tax
and the Improvement Area Special Taxes; and

o All other matters as set forth in the Resolution of Intention and in Resolution No.
19-2013 Declaring the Necessity to Incur a Bonded Indebtedness.

At the above-mentioned time and place for public hearing any persons interested, including registered voters, taxpayers and property owners may appear and be heard. The testimony of all interested persons for or against the establishment of the District, the extent of the District, the designation of Improvement Areas 'A,' 'B,' 'C,' and 'D' and the extent thereof, or the financing of the Proposed Facilities, will be heard and considered. Any protests may be made orally or in writing, however, any protests pertaining to the regularity or sufficiency of the proceedings must be in writing and clearly set forth the irregularities and defects to which the objection is made. All written protests must be filed with the Secretary of the School District on or before the time fixed for the public hearing. Written protests may be withdrawn in writing at any time before the conclusion of the public hearing.

If a written majority protest against the establishment of the District is filed, the proceedings shall be abandoned. If such majority protest is limited to certain facilities or portions of the special tax, those facilities or that tax shall be eliminated by the Board of Education.

If fifty percent (50%) or more of the registered voters, or six (6) registered voters, whichever is more, residing within the territory proposed to be included in the District, or the owners of one-half (1/2) or more of the area of the land in the territory proposed to be included in the District and not exempt from the levy of the District Special Tax, file written protests against the establishment of the District, and protests are not withdrawn prior to the closing of the public hearing so as to reduce the value of the protests to less than a majority, a majority protest shall be deemed to have been filed and no further proceedings to create the District shall be taken for a period of one year from the date of the decision by the Board of Education. If the majority protest is filed only against the furnishing of a specified type or types of School Facilities within the District, or against levying the District Special Tax, those School Facilities or the District Special Tax shall be eliminated from the proceedings.

If fifty percent (50%) or more of the registered voters, or six (6) registered voters, whichever is more, residing with Improvement Areas 'A,' 'B,' 'C,' and 'D' to be included in the proposed District, or the owners of one-half (1/2) or more of the area of the land in Improvement Areas 'A,' 'B,' 'C,' and 'D' and not exempt from the levy of the Improvement Area Special Tax, file written protests against the levy of the Improvement Area Special Tax and the protests are not withdrawn prior to the closing of the public hearing so as to reduce the value of the protests to less than a majority, a majority protest shall be deemed to have been filed and no further proceedings to levy the Improvement Area Special Tax shall be taken for a period of one year from the date of the decision by the Board of Education.

PROPOSED VOTING PROCEDURE

If, following the public hearing for which this Notice is given, the Board of Education determines to establish the District and to designate Improvement Areas 'A,' 'B,' 'C,' and 'D' therein, to levy the special taxes and to incur the bonded indebtedness as proposed, the Board of Education shall then submit the levy of the District Special Taxes and the issuance of the bonds to the qualified voters of the District as to the School Facilities and the levy of Improvement Area Special Taxes and the issuance of bonds to the qualified electors of Improvement Areas 'A,' 'B,' 'C,' and 'D' as to the City Improvements. If at least twelve (12) persons, who need not necessarily be the same 12 persons, have been registered to vote within the territory of the proposed District or Improvement Areas 'A,' 'B,' 'C,' or 'D', as applicable, for each of the ninety (90) days preceding the close of the public hearing, the vote shall be by the registered voters of the proposed District or Improvement Areas 'A,' 'B,' 'C,' and 'D', as applicable, who were the owners of record as of the date of the subject hearing, with each voter having one (1) vote. Otherwise, the vote shall be by landowners of the proposed District or Improvement Areas 'A,' 'B,' 'C,' and 'D', as applicable, with each landowner having one (1) vote for each acre or portion of an acre of land owned within the proposed District or Improvement Areas 'A,' 'B,' 'C,' and 'D', as applicable.

INQUIRIES

For any questions relating to the proceedings, or any particulars, please contact the following designated person:

PLANNING DEPARTMENT
POWAY UNIFIED SCHOOL DISTRICT
13626 TWIN PEAKS ROAD
POWAY, CA. 92064-3098
(858) 679 2570
Pub. Dec 7-00105604

POWAY UNIFIED SCHOOL DISTRICT
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NOTICE OF PUBLIC HEARING ON THE NECESSITY
OF COMMUNITY FACILITIES DISTRICT NO. 15 (DEL SUR EAST)
TO INCUR BONDED INDEBTEDNESS


NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING HAS BEEN SCHEDULED TO BE HELD ON DECEMBER 17, 2012, AT THE HOUR OF 4:00 P.M., IN THE REGULAR MEETING PLACE OF THE BOARD OF EDUCATION OF THE POWAY UNIFIED SCHOOL DISTRICT, BEING THE OFFICES OF SUCH SCHOOL DISTRICT LOCATED AT 15250 AVENUE OF SCIENCE, SAN DIEGO, CALIFORNIA 92128, AT WHICH TIME THE BOARD OF EDUCATION WILL HEAR ALL EVIDENCE AND TESTIMONY BY ALL INTERESTED PERSONS, PROPERTY OWNERS, VOTERS AND TAXPAYERS, REGARDING THE NECESSITY FOR THE ISSUANCE OF BONDS SECURED BY SPECIAL TAXES TO PAY FOR CERTAIN PUBLIC FACILITIES WITHIN COMMUNITY FACILITIES DISTRICT NO. 15 (DEL SUR EAST) AND IMPROVEMENTS AREA 'A,' 'B,' 'C,' and 'D' THEREIN PROPOSED TO BE FORMED OR DESIGNATED, AS APPROPRIATE, BY THE BOARD OF EDUCATION. FOR PARTICULARS, REFERENCE IS MADE TO RESOLUTION NO. 19-2013 AS SET FORTH BELOW:

RESOLUTION NO. 19-2013

A RESOLUTION OF INTENTION
TO INCUR BONDED INDEBTEDNESS
OF A PROPOSED COMMUNITY FACILITIES DISTRICT
AND IMPROVEMENT AREAS THERETO

POWAY UNIFIED SCHOOL DISTRICT
COMMUNITY FACILITIES DISTRICT NO. 15 (DEL SUR EAST)
AND IMPROVEMENT AREA 'A,' 'B,' 'C,' and 'D' THERETO

RESOLVED by the Board of Education (the “Board”) of the Poway Unified School District (the “District”) that:

WHEREAS, the Board has this date adopted its Resolution entitled “A Resolution of Intention to Establish a Community Facilities District, To Designate an Improvement Area Therein and To Authorize the Levy of Special Taxes Within Such Community Facilities District and Such Improvement Areas,” (“Resolution of Intention”) Stating Its Intention to form Community Facilities District No. 15 (Del Sur East) (the “CFD No. 15”) and To Designate Improvement Areas therein (“Improvement Area 'A,' 'B,' 'C,' and 'D'”), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, for the purpose of financing the acquisition and/or construction of certain public facilities and improvements (the “Collective Facilities”), as further defined and provided for in the Resolution of Intention; and

WHEREAS, in order to finance the Collective Facilities it is necessary for CFD No. 15 to incur bonded indebtedness in an amount not to exceed $120,000,000.00

NOW, THEREFORE, BE IT ORDAINED, DETERMINED AND ORDERED by the Board of Education of the Poway Unified School District as follows:

1. It is necessary to incur bonded indebtedness within the boundaries of proposed CFD No. 15 in the amount of up to $55,000,000.00 to finance the costs of the School Facilities (as such term is defined in the Resolution of Intention). The bonded indebtedness is proposed to be incurred for the purpose of financing the costs of the School Facilities, including acquisition and improvement costs and all costs incidental to or connected with the accomplishment of said purposes and of the financing thereof, as permitted by Section 53345.3 of the Act.

2. It is further necessary to incur a bonded indebtedness within the boundaries of Improvement Area 'A,' 'B,' 'C,' and 'D' within proposed CFD No. 15 in the amount of up to 'A' $10,000,000, 'B' $15,000,000, 'C' $15,000,000 and 'D' $15,000,000 to finance the costs of the City Improvements (as such terms are defined in the Resolution of Intention). The bonded indebtedness is proposed to be incurred for the purpose of financing the costs of the City Improvements, including acquisition and improvement costs and all costs incidental to or connected with the accomplishment of said purposes and of the financing thereof, as permitted by Section 53345.3 of the Act.

3. This Board, acting as the legislative body for CFD No. 15, intends to authorize the issuance and sale of bonds, in series, from time to time, in the maximum aggregate principal amount of not to exceed the amounts set forth in (1) above as to the School Facilities and (2) above as to the City Improvements, bearing interest payable semi-annually or in such other manner as this Board shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and maturing not to exceed 40 years from the date of the issuance of said bonds or series thereof.

4. December 17, 2012, at 4:00 p.m., in the regular meeting place of this Board, 15250 Avenue of Science, San Diego, California 92128 shall be, and the same are hereby appointed and fixed as the time and place when and where this Board will conduct a Public Hearing on the proposed bonded authorization for CFD No. 15 and Improvement Area A, B, C, and D therein and consider and finally determine whether the public interest, convenience and necessity require the issuance of bonds for CFD No. 15 and Improvement Area A, B, C, and D therein.

5. The Secretary of the Board is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation circulated within CFD No. 15. The publication of said notice shall be completed at least seven (7) days before the date herein set for said public hearing. Said notice shall be substantially in the form specified in Section 53346 of the Act.

6. This Resolution shall take effect upon its adoption.

I hereby certify that the foregoing Resolution was regularly introduced and adopted by the Board of Education of the Poway Unified School District at a duly noticed meeting held on the 13th day of November, 2012 by the following vote:

AYES: 5
NOES: 0
ABSTAIN: 0
ABSENT: 0

STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )

This is to certify that the foregoing document is a true copy of the Resolution of the Board of Education of the Poway Unified School District of San Diego County.

/s/John P. Collins, Ed.D., Superintendent

ATTEST:

/s/ Marc Davis, Clerk of the Board of Education
Pub. Dec 7-00105607


Miscellaneous Notices
PUBLISHED: Friday December 07, 2012


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