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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SECTION 18. The public hearing may be continued from time to time but must be completed within 30 days, except that if the City Council finds that the complexity of the CFD or the need for public participation requires additional time, then the public hearing may be continued from time to time for a period not to exceed six months. SECTION 19. At the end of the public hearing, the City Council may abandon these proceedings or may, after passing upon all protests, determine to proceed with establishing the CFD and identifying the extent of the CFD. If the City Council determines at the end of the public hearing to proceed with establishing the CFD, then it expects that the proposed voting procedure will be by landowners within the CFD voting in accordance with the Act, as the City Council is informed that during the 90 days before the date set for the hearing there have been times when there were fewer than 12 registered voters residing within the CFD. The City Council will require this information to be confirmed before ordering the election. SECTION 20. The Economic Development Manager (the "Manager") or their designee is hereby directed to study the CFD and, at or before the time of the public hearing, to cause to be prepared and filed with the City Council a report briefly describing by type the facilities and services that, in the Manager's opinion, will be required to adequately meet the needs of the CFD, together with estimates of the cost of financing the acquisition and construction of the Facilities and providing the Services, and an estimate of the incidental expenses related thereto. The report will be available for inspection by the public and will be made a part of the record of the public hearing. The Manager may retain consultants to prepare the report. SECTION 21. In the opinion of the City Council, the public interest will not be served by allowing the property owners in the CFD to enter into a contract under Government Code section 53329.5, subdivision (a), to do the work to be financed under the Act. Notwithstanding the foregoing, the City Council, on behalf of CFD, may enter into one or more contracts directly with any of the property owners with respect to the construction or acquisition of all or any portion of the Facilities. SECTION 22. The City Council intends to reserve to itself the right and authority to allow bond tenders from any interested landowner within the CFD to be accepted under Government Code sections 53344.1 and 53356.8 in full or part payment of any installment of the Special Tax or the interest or penalties thereon, as applicable. SECTION 23. The Clerk shall give notice of the time and place of the public hearing by publishing once in the East Bay Daily Review, a newspaper of general circulation published in the area of the CFD, a notice of public hearing in the form required by the Act (publication to be complete at least seven days before the date set for the public hearing). SECTION 24. This resolution takes effect when adopted. RESOLUTION 2022-127 5