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,