Reso 2022-160 Calling the Election CFD

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FACILITIES & SERVICES) (the "Resolution Deeming it Necessary to Incur Bonded Indebtedness"); and WHEREAS, before the City Council may proceed with implementing the authorizations in the two resolutions with respect to the CFD, the following propositions must be submitted to, and approved by, the qualified electors of the CFD: the levy of the special tax within the CFD for the Services and Facilities as provided by the Resolution of Formation, the establishment of an appropriations limit for the CFD as provided by the Resolution of Formation, and the incurrence of indebtedness for the CFD as provided by the Resolution Deeming it Necessary to Incur Bonded Indebtedness, and these propositions may be combined into a single ballot measure under section 53353.5 of the Act; and WHEREAS, there is on file with the City Clerk evidence that at some time during the 90 days preceding the close of the Public Hearing, there were fewer than twelve persons registered to vote within the territory of the CFD; and WHEREAS, there is on file with the City Clerk a waiver and consent form, duly executed and delivered by the City, as the sole landowner within the CFD, described herein. 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 finds that there has been a time, during the 90 days preceding the close of the Public Hearing, when there were fewer than twelve registered voters residing within the boundaries of the CFD. Accordingly, the qualified electors of the CFD are the landowners owning property in the CFD, which comprises land owned by the City and for which the City is the "landowner," in accordance with sections 53317(f), 53326(b) and 53340.1 of the Act. SECTION 3. The City Council further finds and determines that the owners of land within the CFD are the landowners set forth in the waiver and consent form submitted by the City described herein, as sole landowner in the CFD, and such waiver and consent form correctly sets forth the amount of property owned by the City and the number of votes to which the City is entitled pursuant to sections 53317(f), 53326(b) and 53340.1 of the Act. SECTION 4. The City Council approves the form of "Waiver and Consent Shortening Time Periods and Waiving Various Requirements for Conducting a Mailed -Ballot Election and Appointment of Representative to Act for Property Owner in Voting and Casting Ballot" (the "Waiver, Consent and Appointment") by which the time limits and related requirements respecting preparation and distribution of election materials are waived. The City Council finds that the rights, procedures, and time periods waived in the Waiver, Consent and Appointment are solely for the protection of the qualified electors and may be waived by the qualified electors under sections 53326(a) and 53327(b) of the Act and under other provisions of law dealing with waiver RESOLUTION NO. 2022-160 2