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Resolution 14457CITY OF ALAMEDA RESOLUTION NO.14 4 5 7 INTENTION TO LEVY REASSESSMENTS AND TO ISSUE REFUNDING BONDS UPON THE SECURITY THEREOF RELATING TO THE CITY OF ALAMEDA MARINA VILLAGE ASSESSMENT DISTRICT 89-1 WHEREAS, this City Council has heretofore conducted special assessment proceedings pursuant to Resolution of Intention No. 11822, adopted on September 6, 1989, and in said proceedings this City Council confirmed unpaid assessments upon the parcels in the City of Alameda Marina Village Assessment District 89 -1 (the "Assessment District "), and special assessment bonds, entitled "Limited Obligation Improvement Bonds, City of Alameda, Marina Village Assessment District 89 -1, Series 89 -1," in the initial aggregate principal amount of $36,168,180 (the "Prior Bonds ") were issued and delivered, and the outstanding Prior Bonds are secured by the unpaid assessments; and WHEREAS, in order to reduce the future assessment levies on the parcels of property in the Assessment District the public interest requires the refunding of the Prior Bonds and this City Council intends to accomplish said refunding through the levy of reassessments and the issuance of refunding bonds upon the security thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALAMEDA as follows: Section 1. Proceedings for the levy and collection of reassessments as security for the issuance and payment of refunding bonds shall be conducted for the Assessment District pursuant to the Refunding Act of 1984 for 1915 Improvement Act Bonds, Division 11.6 (commencing with Section 9500) of the California Streets and Highways Code (the "Act "). Section 2. The contemplated reassessment and refunding, in the opinion of this City Council, is of more than local or ordinary public benefit, and the costs and expenses thereof are made chargeable upon the City of Alameda Marina Village Reassessment District No 10 -1 (the "Reassessment District "), the exterior boundaries of which are shown on a map thereof heretofore filed in the office of the City Clerk, to which map reference is hereby made for further particulars. The map indicates by a boundary line the extent of the territory included in the Reassessment District and shall govern for all details as to the extent thereof. Section 3. The reassessment and refunding is hereby referred to NBS Government Finance Group, a qualified firm employed by the City for the purpose of the reassessment proceedings, and said firm is hereby directed to make and file with the City Clerk a report for the Reassessment District in writing, presenting the following: (a) A schedule setting forth the unpaid principal and interest on the Prior Bonds and the total amounts thereof. (b) The total estimated principal amount of the reassessment and of the refunding bonds and the maximum interest rate thereon, together with an estimate of cost of the reassessment and of issuing the refunding bonds, including all costs of issuing the refunding bonds, as contemplated by subdivision (a) of Section 9600 of the Act. (c) The auditor's record kept pursuant to Section 8682 of the California Streets and Highways Code showing the schedule of principal installments and interest on all unpaid original assessments and the total amounts thereof. (d) For the Reassessment District, the estimated amount of each reassessment, identified by reassessment number corresponding to the reassessment number on the reassessment diagram, together with a proposed auditor's record for the reassessment prepared in the manner described in said Section 8682. (e) A reassessment diagram showing the Reassessment District and the boundaries and dimensions of the subdivisions of land within the Reassessment District. Each subdivision, including each separate condominium interest as defined in Section 783 of the Civil Code, shall be given a separate number upon the diagrams. When any portion or percentage of the costs and expenses of the refunding and reassessment is to be paid from sources other than reassessments, the amount of such portion or percentage shall first be deducted from the total estimated cost and expenses of the refunding and reassessment, and the reassessments shall include only the remainder of the estimated cost and expenses. Section 4. If any excess shall be realized from the reassessments it shall be used in such amounts as this City Council may determine, in accordance with the provisions of applicable law, and in a manner to be provided in these reassessment proceedings. Section 5. Notice is hereby given that serial and/or term bonds to represent reassessments for the Reassessment District, and to bear interest at the rate of not to exceed twelve percent (12°/x) per annum, will be issued in the manner provided by the Act, the last installment of which bonds shall mature on September 2, 2014. Section 6. The provisions of Part 11.1 of Division 10 of the Streets and Highways Code, providing for an alternative procedure for the advance -2- payment of assessments and the calling of bonds, shall apply to the refunding bonds to be issued pursuant to the reassessment proceedings. Section 7. It is the intention of this Council to create a special reserve fund pursuant to and as authorized by Part 16 of Division 10 of the California Streets and Highways Code with respect to the refunding bonds. Section 8. This Resolution shall take effect upon its adoption by this City Council. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda during the Regular Meeting of the City Council on the 15th ay of June, 2010, by the following vote to wit: Y g AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam and Mayor Johnson - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seat of said City this 16th day of June, 2010. kke-a Wc4 zc)s,s- Lara Weisiger, City Clerk City of Alameda