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Resolution 13363CITY OF ALAMEDA RESOLUTION NO. 13363 DECLARING INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED COMMUNITY FACILITIES DISTRICT NO. 4 (DEMOLITION AND BACKBONE INFRASTRUCTURE FISC AND EAST HOUSING SITES) RESOLVED, by the City Council (the "Council ") of the City of Alameda (the "City "), as follows: WHEREAS, this City Council has this date adopted its Resolution Declaring Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes, stating its intention to form a community facilities district pursuant to the City of Alameda Special Tax Financing Improvement Code, constituting Section 3 -70 of Article IV of Chapter III of the Alameda Municipal Code (the "Code"), for the purpose of financing all or a portion of the costs of the demolition of certain existing improvements and the construction of various public infrastructure improvements in portions of the FISC and East Housing Sites at the former Alameda Naval Air Station (collectively, the "Demolition and Backbone Infrastructure "), as further provided in said Resolution; and WHEREAS, this City Council estimates the amount required for the financing of the Demolition and Backbone Infrastructure to be not more than $11,000,000; and WHEREAS, in order to finance the Demolition and Backbone Infrastructure it is necessary to incur bonded indebtedness in the amount of up to $11,000,000. NOW, THEREFORE, it is hereby ORDERED and DETERMINED, as follows: Section 1. It is necessary to incur bonded indebtedness within the boundaries of the proposed City of Alameda Community Facilities District No. 4 (Demolition and Backbone Infrastructure - FISC and East Housing Sites) (the "District ") in the amount of up to $11,000,000 to finance the Demolition and Backbone Infrastructure. Section 2. The bonded indebtedness is proposed to be incurred for the purpose of financing the Demolition and Backbone Infrastructure, including all costs connected with the accomplishment of said financing, as permitted by Section 3 -70.82 of the Code. Section 3. This City Council, acting as legislative body for the District, intends to authorize the issuance and sale of bonds in the maximum aggregate principal amount of not to exceed $11,000,000, bearing interest payable semi - annually or in such other manner as this City Council shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and maturing not to exceed 50 years from the date of the issuance of said bonds. Section 4. Tuesday, July 17, 2001, at 7:30 p.m., in the regular meeting place of this City Council, Council Chambers, 2263 Santa Clara Avenue, Alameda, California, be, and the same are hereby appointed and fixed as the time and place when and where this City Council, as legislative body for the District, will conduct a public hearing on the proposed debt issue and consider and finally determine whether the public interest, convenience and necessity require the issuance of bonds of the City for the District. Section 5. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation circulated within the District. The publication of said notice shall be completed at least seven (7) days before the date herein set for said public hearing. The notice shall substantially in the form of Exhibit A hereto. Section 6. This Resolution shall take effect upon its adoption. 01019.01:J5304 6/7/01 EXHIBIT A NOTICE OF PUBLIC HEARING CITY OF ALAMEDA COMMUNITY FACILITIES DISTRICT NO. 4 (DEMOLITION AND BACKBONE INFRASTRUCTURE - FISC AND EAST HOUSING SITES) Notice is hereby given that on June 19, 2001, the City Council of the City of Alameda adopted a Resolution Declaring Intention to Incur Bonded Indebtedness of the Proposed Community Facilities District No. 4 (Demolition and Backbone Infrastructure - FISC and East Housing Sites) ". Pursuant to Section 3 -70.83 of the City of Alameda Special Tax Financing Improvement Code, the City Council of the City of Alameda hereby gives notice as follows: A. The text of said Resolution is as follows: RESOLVED, by the City Council (the "Council') of the City of Alameda (the "City "), as follows: WHEREAS, this City Council has this date adopted its Resolution Declaring Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes, stating its intention to form a community facilities district pursuant to the City of Alameda Special Tax Financing Improvement Code, constituting Section 3 -70 of Article IV of Chapter III of the Alameda Municipal Code (the "Code "), for the purpose of financing all or a portion of the costs of the demolition of certain existing improvements and the construction of various public infrastructure improvements in portions of the FISC and East Housing Sites at the former Alameda Naval Air Station (collectively, the "Demolition and Backbone Infrastructure "), as further provided in said Resolution; and WHEREAS, this City Council estimates the amount required for the financing of the Demolition and Backbone Infrastructure to be not more than $11,000,000; and WHEREAS, in order to finance the Demolition and Backbone Infrastructure it is necessary to incur bonded indebtedness in the amount of up to $11,000,000. NOW, THEREFORE, it is hereby ORDERED and DETERMINED, as follows: Section 1. It is necessary to incur bonded indebtedness within the boundaries of the proposed City of Alameda Community Facilities District No. 4 (Demolition and Backbone Infrastructure - FISC and East Housing Sites) (the "District ") in the amount of up to $11,000,000 to finance the Demolition and Backbone Infrastructure. Section 2. The bonded indebtedness is proposed to be incurred for the purpose of financing the Demolition and Backbone Infrastructure, including all costs connected with the accomplishment of said financing, as permitted by Section 3 -70.82 of the Code. Section 3. This City Council, acting as legislative body for the District, intends to authorize the issuance and sale of bonds in the maximum aggregate principal amount of not to exceed $11,000,000, bearing interest payable semi - annually or in such other manner as this City Council shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and maturing not to exceed 50 years from the date of the issuance of said bonds. Section 4. Tuesday, July 17, 2001, at 7:30 p.m., in the regular meeting place of this City Council, Council Chambers, 2263 Santa Clara Avenue, Alameda, California, be, and the same are hereby appointed and fixed as the time and place when and where this City Council, as legislative body for the District, will conduct a public hearing on the proposed debt issue and consider and finally determine whether the public interest, convenience and necessity require the issuance of bonds of the City for the District. Section 5. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation circulated within the District. The publication of said notice shall be completed at least seven (7) days before the date herein set for said public hearing. The notice shall substantially in the form of Exhibit A hereto. Section 6. This Resolution shall take effect upon its adoption. B. The hearing referred to in the aforesaid Resolution shall be at the time and place specified in the Resolution. C. At that time and place the testimony of all interested persons, including persons owning property in the area of the proposed community facilities district, will be heard upon the proposed debt issue. Dated: , 2001 /s/ Diane Felsch City 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 a regular meeting assembled on the 19th day of June, 2001, by the following vote to wit: AYES: Councilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 20th day of June, 2001. Diane Felsch, City Clerk City of Alameda