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Resolution 13646CITY OFALAMEDA RESOLUTION NO. 13646 DECLARG RESULTS OF SPECIA ELECTION DIRCTING RECORDING OF NOTICE OF SPECIA TAX LIEN COMMTY FACILITIES DISTRICT NO. 03-1 OF THE CITY OF ALAMEDA (BA YP"ORT MUCIPAL SERVICES DISTRICT) WHREAS, this Council has adopted. a resolution entitled "A Resolution of Fonnation of A Communty Facilities Distrct , (the "Resolution of Fonnation ), ordering the fonnation of Community Facilties Distrct No. 03-1 of the City of Alameda (Bayport Muncipal Services Distrct) (the "CFD" authorizing the levy of a special tax on propert withn the CFD and preliminarly establishig an appropriations limit for the . CFD , all pursuant to the. City .of Alameda Special Tax Financing Improvement Code, commencing with Subsection 3-70.1 of the Alameda Muncipal Code (the "Act" and WHREAS, under to the provisions of the Resolution of Fonn:jtion and pursuant to a Resolution Callng Special Election (the "Election Resolution ) heretofore adopted by this Council the propositions of the levy of the special tax and the establishment of the appropriations limit were submitted to the qualified electors ofthe CFD as required by the provisions ofthe Act; and WHEREAS , under the Election Resolution , the provisions of which are hereby incorporated herein , the special election has been held and the City Clerk has on file a Canvass and Statement of Results of Election , (the "Canvass ) a copy of which is attached hereto as Exhbit A; and WHEREAS , this Council has reviewed the Canvass , finds it appropriate and wishes to complete its proceedings for the CFD. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda that: Recitals. The foregoing recitals are all tre and correct. 2. Issues Submitted. The issues presented at the special election were the levy of a special tax within the CFD and the approval of an annual appropriations limit of not to exceed $10 000 000 all pursuant to the Resolution ofFonnation. 3. Issues and Canvass Approved. The issues presented at the special election were approved by the qualified electors of the CFD by more than two-thirds (2/3) of the votes cast at the special election. The Council hereby approves the 'Canvass and finds that it shall be a pennanent part the record of its proceedings for the CFD. 4. Proceedings Approved. The CFD is hereby declared to be fully fonned with the authority to levy the special taxes , and to have the established appropriations limit , all as heretofore provided in these proceedings and in the Act. It is hereby found that all prior proceedings and actions taken by this Council for the CFD were valid and in conformty with the Act. 8415675. 5. Notice of Tax Lien. The City Clerk is hereby directed to complete, execute and cause tobe recorded in the office of the County Recorder of the County of Alameda a notice of special tax lien in the fonn required by . the ' Act , such recording to occur no later than fifteen (15) days followingadoption ofthis resolution. ****** 8415675. EXHIBITA CANVASSANDSTATEMENTOFRESULTSOFELECTION COMMUNITYFACILITIESDISTRICT NO.03-1 OFTHECITYOFALAMEDA (BAYPORTMUNICIPALSERVICESDISTRICT) TheundersignedCityClerkoftheCityofAlamedacertifiesthatshecanvassedtheretumsofthe specialelectionheldonNovember4,2003,withrespecttoCommunityFacilitiesDistrictNo.03-1of theCityofAlameda(BayportMunicipalServicesDistrict)(the"CFD")andthetotalnumberofballots castintheCFDandthetotalnumberofvotescastforandagainstthemeasureareasfollowsandthe totalsasshownforandagainstthemeasurearefull,trueandcorrect: Qualified Landowner Votes Votes Cast CommunityFacilitiesDistrict No.03-1oftheCityofAlameda (BayportMunicipalServicesDistrict) CityofAlameda, SpecialTaxElection, November4,2003 167 167 167 o BALLOTMEASURE:Shallaspecialtaxpayablesolelyfromlands withinCommunityFacilitiesDistrictNo.03-1oftheCityofAlameda (BayportMunicipalServicesDistrict)(the"CFD")beleviedannually, commencingintheCity'sfiscalyear2003-2004,uponlandswithinthe CFDtopaythecostsofprovidingcertainmunicipalservicesandpaythe costsoftheCityinadministeringtheCFD,andshalltheannual appropriationslimitoftheCFDbeestablishedintheamountof $10,000,000? CertifiedunderpenaltyofperjuryonNovember4,2003,atAlameda,California. ~/V'(&lAp~,CityClerk CityofAlameda' S415675.1 , the undersigned , hereby certify that the foregoing Resolution was duly and regularly adopted and passed. by the Council. of the City of Alameda.in a .Special Joint City Council Community Improvement Commission and Housing. Authority Board of Commissioners meeting assembled on the 4th day of November, 2003 , by the following vote to wit: AYES:Councilmembers Daysog, Gilmore, Kerr , and Mayor Johnson - 4. NOES:None. ABSENT:Councilmember Matarese - I. ABSTENTIONS:None. IN WITNESS , WHEREOF , I have hereunto set my hand and affixed the offcial seal of said City thisth day of November , 2003. . . Lara Weisiger, CityCI ' . , . City of Alameda