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29114 -11 41-1:DJO:bd 05123!00 <br /> RESOLUTION NO. 2000 -84 (2887 ) <br /> A RESOLUTION OF INTENTION TO ESTABLISH <br /> A COMMUNITY FACILITIES DISTRICT <br /> City of San Leandro <br /> Community Facilities District No. 1 <br /> (Cherrywood) <br /> RESOLVED, by the City of San Leandro, Califomia (the 'City'), as follows: <br /> WHEREAS, under the Mello-Roos Community Facilities Act of 1982, as amended (the "Act "), Chapter 2.5 of <br /> Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Govemment Code, this Council is <br /> authorized to establish a community facilities district and to act as the legislative body for a community facilities <br /> district; and <br /> WHEREAS, this Council, having received indications of interest from the owners of the areas of land <br /> proposed to be included in the proposed community facilities district, now desires to proceed with the establishment <br /> of a community facilities district in order to finance costs of public infrastructure necessary or incident to <br /> development in the City. <br /> NOW, THEREFORE, it is hereby ORDERED and DETERMINED, as follows: <br /> Section 1. Authority. This Council proposes to conduct proceedings to establish a community <br /> facilities district pursuant to the Act except that under the charter powers of the City, this Council hereby determines <br /> that any joint community facilities agreement that the City wishes to execute pursuant to Section 53316.2 of the Act <br /> may be entered into at any time, whether before or after the adoption of the resolution of formation. <br /> Section 2. Name of CFD. The name proposed for the community facilities district is City of San <br /> Leandro Community Facilities District No. 1 (Cherrywood) (the 'CFD'). <br /> Section 3. Boundaries Described. The proposed boundaries of the CFD are as shown on the map <br /> of it on file with the City Clerk, which boundaries are hereby preliminarily approved and to which map reference is <br /> hereby made for further particulars. The City Clerk is hereby directed to record, or cause to be recorded, said map <br /> of the boundaries of the CFD in the office of the County Recorder within fifteen days of the date of adoption of this <br /> Resolution, but in any event at least fifteen days prior to the public hearing specified in paragraph 10 below. <br /> Section 4. Facilities and Services. The type of public facilities and services proposed to be financed <br /> by the CFD and pursuant to the Act shall consist of those items listed as Facilities (the "Facilities ") and Services (the <br /> °Services) on Exhibit A hereto and hereby incorporated herein. The Council hereby finds and determines that the <br /> public interest will not be served by allowing the property owners in the CFD to enter into a contract in accordance <br /> with Section 53329.5(a) of the Act. Notwithstanding the foregoing, the Council, on behalf of CFD, may enter into one <br /> or more contracts directly with any of the property owners with respect to the construction and /or acquisition of the <br /> any portion of the Facilities. <br />