Reso 2022-149 Determining Necessity to Incur Debt

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proposed levy of the special tax in the CFD were allowed to submit written protests to any aspect of the proposals contained in the Resolution of Intention to Incur Bonded Indebtedness and were permitted to withdraw their protests before the close of the Public Hearing; and WHEREAS, the City Council has duly adopted on this date its RESOLUTION OF FORMATION ESTABLISHING THE CITY OF SAN LEANDRO COMMUNITY FACILITIES DISTRICT NO. 2022-1 (MONARCH BAY SHORELINE FACILITIES & SERVICES), AND PROVIDING FOR THE LEVY A SPECIAL TAX IN THE COMMUNITY FACILITIES DISTRICT TO FINANCE THE ACQUISITION AND CONSTRUCTION OF PUBLIC FACILITIES AND THE PROVISION OF PUBLIC SERVICES (the "Resolution of Formation"), setting forth the special tax authorized to be levied within the CFD and the Facilities that may be financed with the proceeds of the special tax authorized to be levied within the CFD, and the proposed Debt; and WHEREAS, there are on file with the City Clerk a proof of publication of the Notice of Public Hearing in the East Bay Daily Review, required by the Act and the Resolution of Intention to Incur Bonded Indebtedness. NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as follows: SECTION 1. The City Council finds that the statements in the Background are true. SECTION 2. The City Council accepts the proof of publication of the Notice of Public Hearing and finds, based thereon, that proper notice of the Public Hearing has been given in accordance with the Act and that the Public Hearing was conducted with proper and legal notice in all respects. SECTION 3. The City Council finds and determines that at the close of the Public Hearing written protests, if any, to the incurrence of the proposed Debt or any other matters set forth in the Resolution of Intention to Incur Bonded Indebtedness were submitted by less than 50% of the registered voters residing within the CFD or by less than six of the registered voters residing within the CFD, whichever is more. The City Council also finds that, at the close of the Public Hearing, written protests, if any, were submitted by the owners of less than one-half of the area of land in the territory proposed to be included in the CFD and not exempt from the special tax levied in the CFD. Thus, finding that it is not precluded by the Act from proceeding further in this matter, the City Council hereby orders and determines that it has considered, and that it overrules, all protests to the incurrence of the proposed Debt, and to any other matters set forth in the Resolution of Intention to Incur Bonded Indebtedness that may have been submitted. SECTION 4. The City Council hereby deems it necessary that Debt be incurred, in one or more series, to finance the acquisition and construction of the Facilities. The authorization to finance the acquisition and construction of the Facilities, includes incidental expenses for the Facilities consisting of the costs of planning and designing the Facilities, together with the costs RESOLUTION NO. 2022-149 2