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WHEREAS, the Agency has made the findings as required by Section 33445 and has determined that no other means of financing the installation of the West Estudillo Pedestrian Connection is available to the community in that the only other possible source of funding is through the use of the City's General Fund, which is pledged for the provision of essential city services for the residents of the City. NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE, DECLARE, DETERMINE AND ORDER, as follows: Section 1. The City Council of the City of San Leandro hereby specifically finds that all of the facts stated above are true and correct. Section 2. The City Council of the City of San Leandro herby consents to the expenditure of Redevelopment Agency funds and, as necessary, the proceeds from tax allocation bonds issued by the Agency to install the West Estudillo Pedestrian Connection. Section 3. That the City Council of the City of San Leandro hereby rejects all of said proposals or bids except that herein mentioned, and hereby waives any irregularities in the proposal or bid of the lowest responsible bidder, and hereby awards the contract for doing said work to the lowest responsible bidder therefore, to wit: McGuire & Hester, at the prices named in its bid on file in the Office of the City Clerk; and Section 4. That appropriation is made from the Capital Improvement Program Reserve fund in the amount of $510,000 for reimbursable utility joint trench expenses, and $600,000 for reimbursable Regional Measure 2Pass-Through funding from AC Transit, and allocation of $1,090,000 in additional TAB funds. Introduced by Councilmember Stephens and passed and adopted this 21st day of March 2005, by the following called vote: RESOLUTION NO. 2005-034 2