Reso 2022-150 CFD Declaring Results

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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO.2022-150 RESOLUTION OF THE CITY OF SAN LEANDRO CITY COUNCIL DECLARING RESULTS OF SPECIAL MAILED -BALLOT ELECTION WITHIN THE CITY OF SAN LEANDRO COMMUNITY FACILITIES DISTRICT NO.2022-1 (MONARCH BAY SHORELINE FACILITIES & SERVICES) WHEREAS, on September 6, 2022, the City Council duly adopted 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") and its RESOLUTION 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) (the "Resolution Deeming it Necessary to Incur Bonded Indebtedness" and, collectively, the "Formation Resolutions"), thereby (1) establishing a community facilities district within the City's jurisdictional boundaries under the Mello -Roos Community Facilities Act of 1982, set forth at Government Code sections 53311 through 53368.3 (the "Act"), known and designated as the "City of San Leandro Community Facilities District No. 2022-1 (Monarch Bay Shoreline Facilities & Services)" (the "CFD"); (2) authorizing the levy of a special tax within the CFD to finance the provision of certain public services (the "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"); and (3) declaring the necessity of incurring Debt (as defined in the Act) to finance the acquisition and construction of the Facilities in a maximum aggregate amount not exceeding $91 million; and WHEREAS, to confer on the City Council the authority contained in the Formation Resolutions, a two-thirds approving vote by the qualified electors within the CFD is required; and WHEREAS, a special, mailed -ballot election has been conducted for the CFD, and a Certificate of Clerk Declaring Election Results (the "Certificate of Election Results"), executed by the City Clerk, has been filed with the City Council; and WHEREAS, the City Council hereby accepts the Certificate of Election Results and wishes by this resolution to declare the results of the special mailed -ballot election. NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as follows: