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Resolution 11734RESOLUTION NO. 11734 A RESOLUTION DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN CITY OF ALAMEDA Community Facilities District No. 1 (Harbor Bay) RESOLVED, by the City Council (the "Council ") of the City of Alameda (the "City "), County of Alameda, State of California, that: WHEREAS, in proceedings heretofore conducted by this City Council pursuant to the Mello —Roos Community Facilities Act of 1982, as amended (the "Act"), this City Council on March 21, 1989, adopted Resolution No. 11693, entitled "A Resolution Calling Special Election ", calling special election of the qualified electors within Community Facilities District No. 1 (Harbor Bay) (the "CFD "); and WHEREAS, pursuant to the terms of said resolution, which are by this reference incorporated herein, said special election was held, and the City Clerk has on file a Canvass and Statement of Results of Election, a copy of which is attached hereto as Exhibit A; and WHEREAS, this City Council has reviewed said canvass and hereby approves it. NOW, THEREFORE, IT IS ORDERED as follows: 1. The issues presented at said special election were the incurring of a bonded indebtedness in the maximum aggregate principal amount of $17,000,000, the levy of a special tax within the CFD to be levied in accordance with the formula heretofore approved by Resolution No. 11681, adopted by this City Council on March 21, 1989, entitled "A Resolution of Formation of Community Facilities District, Authorizing Levy of a Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for the District and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors of the District ", and the approval of an appropriations limit of not to exceed $17,000,000 pursuant to said resolution. 2. Pursuant to said Canvass on file with the City Clerk, the issues presented at said special election were approved by the qualified electors of the CFD by more than two — thirds of the votes cast at said special election. 3. Pursuant to said voter approval, the CFD is hereby declared to be fully formed with the authority to incur bonded indebtedness and to levy special taxes as heretofore provided in these proceedings and in the Act. 4. It is hereby found that all prior proceedings and actions taken by this City Council with respect to the CFD were valid and in conformity with the Act. 5. The City Clerk is hereby directed to execute and cause to be recorded in the office of the County Recorder of the County of Alameda a Notice of Special Tax Lien in the form required by Section 53328.3 of the ACt, said recording to occur no later than fifteen days following adoption by the City Council of this resolution. CITY OF ALAMEDA Community Facilities District No. 1 (Harbor Bay) CANVASS AND STATEMENT OF RESULT OF ELECTION I hereby certify that on June 6, 1989, I canvassed the returns of the election heretofore held for March 31, 1989, in the Community Facilities District No. 1 (Harbor Bay) of the City of Alameda and the total number of ballots cast in said District and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct: Qualified Landowner Votes Votes Cast YES NO Community Facilities District No. 1 (Harbor Bay) of the City of Alameda Special Tax Election as of March 31, 1989. 123 123 X Ballot Measure: Shall the City of Alameda on behalf of Community Facilities District No. 1 (Harbor Bay) (the "CFD ") incur an indebtedness and issue bonds in the maximum aggregate principal amount of $17,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds on behalf of the CFD, the proceeds of which will be used to acquire and construct public facilities within the CFD; shall a special tax payable solely from lands within the CFD be levied annually upon lands within the CFD to pay for the principal and interest upon such bonds and pay the costs of the City of Alameda in administering the CFD, and shall the appropriations limit of the CFD be established in the amount of $17,000,000? IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 7th day of June, 1989. By: EXHIBIT A Ci Clerk, City of Alameda I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 6th of June, 1989, by the following vote to wit: AYES: Councilmembers Arnerich, Camicia, Thomas, Withrow and President Corica 5, NOES: None, ABSENT: None, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 7th day of June, 1989,