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JJJ 29114 -12 Jtl:DJO:brf 7/5/00 <br /> RESOLUTION NO. 2000 -107 (2887) <br /> A RESOLUTION OF FORMATION OF COMMUNITY FACILITIES DISTRICT <br /> City of San Leandro <br /> Community Facilities District No. 1 <br /> (Cherrywood) <br /> RESOLVED, by the City of San Leandro, California (the "City"), as follows: <br /> WHEREAS, on June 5, 2000, this Council adopted a Resolution entitled "A Resolution <br /> of Intention to Establish a Community Facilities District" (the "Resolution of Intention") with <br /> respect to Community Facilities District No. 1 (Cherrywood) (the "CFD "), of the City pursuant <br /> to the Mello -Roos Community Facilities Act of 1982, as amended, Chapter 2.5 of Part 1 of <br /> Division 2 of Title 5, commenting with Section 53311, of the California Government Code (the <br /> "Act "); and <br /> WHEREAS, the Resolution of Intention incorporates a map of the proposed boundaries <br /> of the CFD, states the facilities and services to be provided, the cost of providing such facilities <br /> and services and the rate and method of apportionment of the special tax to be levied within <br /> the CFD to pay principal and interest on bonds proposed to be issued with respect to the CFD, <br /> and is on file with the City Clerk and the provisions thereof are incorporated herein by this <br /> reference as if fully set forth herein; and <br /> WI- IEREAS, the facilities and services to be provided as stated in the Resolution of • <br /> Intention are set forth in Exhibit A attached hereto and hereby made a part hereof; and <br /> WHEREAS, this Council noticed a public hearing to be held on July 17, 2000, all <br /> pursuant to the Act and the Resolution of Intention relating to the proposed formation of the <br /> CFD; and <br /> WHEREAS, at the hearing evidence was presented to this Council on said matters <br /> before it, including a report to be prepared by the City Engineer (the "Report ") as to the <br /> facilities and services to be provided in the CFD and the costs thereof, a copy of which is on file <br /> with the City Clerk, and this Council at the conclusion of said hearing is fully advised in the <br /> premises; and <br /> WI- IEREAS, written protests with respect to the formation of the CFD, the furnishing of <br /> specified types of facilities and services and the rate and method of apportionment of the <br /> special taxes have not been filed with the City Clerk by fifty percent (50 %) or more of the <br /> registered voters residing within the territory of the CFD or property owners of one -half (1/2) <br /> or more of the area of land within the CFD and not exempt from the proposed special tax; and <br /> WHEREAS, the special tax proposed to be levied in the CFD to pay for the proposed <br /> facilities and services to be provided therein has not been eliminated by protest by fifty percent <br /> (50 %) or more of the registered voters residing within the territory of the CFD or the owners of <br /> one -half (1/2) or more of the area of land within the CFD and not exempt from the special tax; <br /> NOW, THEREFORE, it is hereby ORDERED and DETERMINED, as follows: <br /> • <br />