Reso 2022-127 A - Resolution of Intention to establish CFD No. 2022-1 and authorize the levy of a special tax within CFD No. 2022-1

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(c) under no circumstances will the Special Tax levied against such property in any fiscal year be increased, because of delinquency or default by the owner of any other parcel or parcels within the CFD, by more than ten percent above the amount that would have been levied in that fiscal year had no delinquencies or defaults occurred. SECTION 13. The City Council intends, under Government Code section 53340.1, to levy the proposed Special Tax on certain leasehold or possessory interests in property owned by a public agency, to be payable by the owner of the leasehold or possessory interests. SECTION 14. The City Council intends, under Government Code section 53325.7, to establish the appropriations limit, as defined by subdivision (h) of section 8 of Article XIIIB of the California Constitution, for Fiscal Year 2022-23 for the CFD in the amount of $91 million. SECTION 15. The City Council hereby fixes Tuesday, September 6, 2022, at 6:30 p.m., as the time for a public hearing to be held by the City Council to consider the establishment of the CFD; the proposed rate and method of apportionment of the special tax for the CFD; the financing of the Facilities and the Services; and all other matters as set forth in this resolution. The public hearing will be held in the City Council Chambers in the San Leandro City Hall, 835 East 14th Street, San Leandro, California 94577, with electronic and telephonic access provided as set forth in the agenda for the meeting. At the public hearing, any persons interested, including all taxpayers, property owners, and registered voters within the CFD (if any) may appear and be heard, and the City Council will hear and consider the testimony of all interested persons for and against the establishment of the CFD; the extent of the CFD; the levy of the special tax within the CFD; the acquisition and construction of any of the Facilities; the provision of the Services; the establishment of the appropriations limit for the CFD; and all other matters set forth in this resolution. SECTION 16. Any protests to the proposals in this resolution may be made orally or in writing by any interested persons, including all taxpayers, property owners, and registered voters within the CFD (if any), except that any protests pertaining to the regularity or sufficiency of these proceedings must be in writing and clearly set forth the irregularities and defects to which objection is made. The City Council may waive any irregularities in the form or content of any written protest and at the public hearing may correct minor defects in the proceedings. All written protests not presented in person by the protester at the public hearing must be filed with the Clerk at or before the time fixed for the public hearing in order to be received and considered. Any written protest may be withdrawn in writing at any time before the conclusion of the public hearing. SECTION 17. Proceedings with respect to the establishment of the CFD will be suspended for at least one year if written protests are submitted by fifty percent or more of the registered voters or six registered voters, whichever is more, residing within the CFD or by the owners of one-half or more of the land area within the CFD not exempt from the proposed Special Tax. If protests are directed only against certain elements of the proposed Special Tax, the proposed Facilities, the proposed Services, or any of the other proposals contained in this resolution, then only those matters need be excluded from the proceedings. RESOLUTION 2022-127 4