Reso 2022-148 CFD Formation - Laserfiche WebLink

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SECTION 13. Under Government Code section 53325.7, and subject to the voter approval requirement in that section, the appropriations limit, as defined by subdivision (h) of section 8 of article XIIIB of the California Constitution, for Fiscal Year 2022-23 is established for the CFD in the amount of $91 million and subject to escalation in accordance with applicable law. SECTION 14. The City Council will submit the authorizations of this resolution to the qualified electors of the CFD in a special mailed -ballot election. Based on findings to be formally made by the City Council in a resolution to be adopted this date calling the special mailed -ballot election, to which reference is made for further particulars, the qualified electors of the CFD are the landowners owning property in the CFD, including property for which leasehold or possessory interests are subject to the Special Tax, in accordance with sections 53317(f), 53326(b)'and 53340.1 of the Act. In accordance with Government Code section 53317(f), the City hereby states that land owned by the City in the CFD that is not exempt from the Special Tax under the RMA either (1) shall be subject to the Special Tax pursuant to Government Code section 53340.1 or (2) is intended to be transferred to private ownership and that its land will be subject to the Special Tax on the same basis as private property within the CFD and hereby waives any defense based on the fact of public ownership, to any action to foreclose on the property in the event of nonpayment of the Special Tax. SECTION 15. In the opinion of the City Council, the public interest will not be served by allowing property owners in the CFD to enter into a contract under Government Code section 53329.5(a) to do the work to be financed under the Act. Notwithstanding the foregoing, the City Council, on behalf of the CFD, may enter into one or more contracts directly with any property owners with respect to the construction or acquisition of all or any portion of the Facilities. SECTION 16. The City Council reserves 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 17. The Finance Director of the City, 835 East 14th Street, San Leandro, California 94577, telephone (510) 577-3330, will be responsible for annually preparing, or causing to be prepared, the roll of Special Tax levies on the parcels within the CFD and will be responsible for estimating future Special Tax levies as required by Government Code section 53340.2. SECTION 18. The City Council finds and determines that all proceedings conducted and approved by the City Council with respect to the establishment of the CFD, up to and including the adoption of this resolution and the other resolutions adopted this date in connection with the formation proceedings for the CFD, are valid and in conformity with the requirements of the Act. This determination is final and conclusive for all purposes and is binding upon all persons. Accordingly, the City Council finds, determines, and orders that the CFD is hereby established with all of the authorities described in this resolution, the exercise of which is subject only to the election for the CFD described herein, is hereby established with all the authorities described in this resolution. RESOLUTION NO. 2022-148 5