Reso 2022-149 Determining Necessity to Incur Debt

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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO.2022-149 RESOLUTION OF THE CITY OF SAN LEANDRO CITY COUNCIL DEEMING IT NECESSARY TO INCUR BONDED INDEBTEDNESS TO FINANCE THE ACQUISITION AND CONSTRUCTION OF PUBLIC FACILITIES FOR THE CITY OF SAN LEANDRO COMMUNITY FACILITIES DISTRICT NO. 2022-1 (MONARCH BAY SHORELINE FACILITIES & SERVICES) WHEREAS, on Wednesday, July 18, 2022, the City Council duly adopted Resolution No. 127 (the "Resolution of Intention") declaring its intention to (1) establish a community facilities district under the Mello -Roos Community Facilities Act of 1982, set forth at Government Code sections 53311 through 53368.3 (the "Act"), to be known and designated as the "City of San Leandro Community Facilities District No. 2022-1 (Monarch Bay Shoreline Facilities & Services)" (the "CFD"); and (2) levy a special tax within the CFD to finance the provision of certain public services and the acquisition and construction of certain public facilities, including through the financing of governmentally imposed development impact fees used to finance public facilities (the "Facilities"), all as set out in the Resolution of Intention; and WHEREAS, on Wednesday, July 18, 2022, the City Council also duly adopted Resolution No. 128 (the "Resolution of Intention to Incur Bonded Indebtedness") declaring its intention to incur bonded indebtedness or other debt (as defined in the Act) for the CFD (collectively, "Debt") to finance the acquisition and construction of the Facilities in a principal amount not to exceed $91 million (the "Authorization"); and WHEREAS, in the Resolution of Intention to Incur Bonded Indebtedness, the City Council fixed Tuesday, September 6, 2022, at 6:30 p.m., 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, as the time and place for a public hearing (the "Public Hearing") to be held by the City Council to consider incurring the proposed Debt and any other matters set forth in the Resolution of Intention to Incur Bonded Indebtedness; and WHEREAS, in the date hereof, at or shortly after the time set for the Public Hearing, the City Council opened the Public Hearing to consider the incurrence of the proposed Debt, and any other matters set forth in the Resolution of Intention to Incur Bonded Indebtedness; and WHEREAS, at the Public Hearing, any persons interested, including all taxpayers, property owners, and registered voters within the CFD were given an opportunity to appear and be heard, and the City Council heard and considered the testimony of all interested persons for and against the incurrence of the proposed Debt and any other matters set forth in the Resolution of Intention to Incur Bonded Indebtedness; and WHEREAS, all registered voters residing within the boundaries of the proposed CFD and all owners of land within the boundaries of the proposed CFD that would not be exempt from the