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29114 -12 JH:DJO:brf 7 /5/00 RESOLUTION N0. 2000 -109 ( 2887 ) A RESOLUTION CALLING SPECIAL ELECTION City of San Leandro Community Facilities District No. 1 (Cherrywood) RESOLVED, by the City of San Leandro, California (the "City "), as follows: WHEREAS, this Council has adopted a resolution entitled "A Resolution of Formation of Community Facilities District" (the "Resolution of Formation "), ordering the formation of the City's Community Facilities District No. 1 ( Cherrywood) (the "CFD "), authorizing the levy of a special tax on property within the CFD and preliminarily establishing an appropriations limit for the CFD, all pursuant to the Mello -Roos Community Facilities Act of 1982, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Govemment Code (the "Act ") and WHEREAS, this Council has also adopted a resolution entitled "A Resolution Determining the Necessity to Incur Bonded Indebtedness" (the "Resolution Determining Necessity"), determining the necessity to incur bonded indebtedness in the maximum aggregate principal amount of $6,000,000 upon the security of the special tax to be levied within the CFD pursuant to the Act; and WHEREAS, pursuant to the provisions of the Resolution of Formation and the Resolution Determining Necessity, the propositions of the levy of the special tax, the establishment of the appropriations limit and the incurring of the bonded indebtedness shall be submitted to the qualified electors of the CFD as required by the provisions of the Act; NOW, THEREFORE, it is hereby ORDERED and DETERMINED, as follows: 1. Recitals Correct. The foregoing recitals are true and correct. 1. Issues Submitted. Pursuant to Sections 53326, 53351 and 53325.7 of the Act, the issues of the levy of the special tax, the incurring of bonded indebtedness and the establishment of the appropriations limit shall be submitted to the qualified electors (as defined below) of the CFD at an election called therefor as provided below. 2. Oualified Electors. This Council hereby finds that fewer than 12 persons have been registered to vote within the territory of the CFD for each of the ninety (90) days preceding the close of the public hearings heretofore conducted and concluded by this Council for the purposes of these proceedings. Accordingly, and pursuant to Section 53326 of the Act, this Council finds that, for these proceedings, the qualified electors are the landowners within the CFD and that the vote shall be by such landowners or their authorized representatives, each having one vote for each acre or portion thereof such landowner owns in the CFD as of the close of the public hearings. 3. Conduct of Election. This Council hereby calls a special election to consider the measures described in section 1 above, which election shall be held on July 17, 2000 and the results thereof canvassed at the meeting of this Council on July 17, 2000. The City Clerk is