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29114-12 JH:DJO:brf 7/12/00 ORDINANCE NO. 2000 -016 ( 2887 ) AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LEANDRO • LEVYING SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO. (CHERRYWOOD) WHEREAS, on June 5, 2000, this City Council (the "Council ") of the City of San Leandro (the "City "), adopted a resolution entitled "A Resolution of Intention to Establish a Community Facilities District" stating its intention to establish Community Facilities District No. 1 (Cherrywood) of the City (the "CFD ") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, sections 53311, et. seq., of the California Government Code (the "Act "), to finance the acquisition and construction of certain facilities (the "Facilities") and the provision of certain services (the "Services "); and WHEREAS, notice was published as required by the Act relative to the intention of the Council to form the CFD and to provide for the Facilities; and WHEREAS, the Council has held a noticed public hearing as required by the Act relative to the determination to proceed with the formation of the CFD and the rate and method of apportiomnent of the special tax to be levied within the CFD to finance the costs of the Facilities and Services; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of the CFD and the levy of said special taxes were heard, substantial evidence was presented and considered by this Council and a full and fair hearing was held; and WHEREAS, subsequent to the hearing, this City Council adopted resolutions entitled "A Resolution of Formation of Community Facilities District" (the "Resolution of Formation "), "A Resolution Determining the Necessity to Incur Bonded Indebtedness" (the "Resolution Determining Necessity ") and "A Resolution Calling Special Election ", which resolutions established the CFD, authorized the levy of a special tax with the CFD, determined the necessity to incur bonded indebtedness in the CFD and called an election within the CFD on the propositions of incurring indebtedness, levying a special tax, and establishing an appropriations limit within the CFD, respectively; and WHEREAS, on July 17, 2000, a special election was held within the CFD at which the eligible landowner - electors approved such propositions by the two - thirds vote required by the Act; NOW, THEREFORE, it is hereby ORDERED and DETERMINED, as follows: Section 1. By the passage of this Ordinance the Council hereby authorizes and levies special taxes within the CFD pursuant to the Act, at the rate and in accordance with the formula