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Resolution 13381CITY OF ALAMEDA RESOLUTION NO. 13381 DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN (COMMUNITY FACILITIES DISTRICT NO. 4 - FISC AND EAST HOUSING SITES) RESOLVED, by the City Council (the "Council ") of the City of Alameda (the "City "), as follows: WHEREAS, in proceedings heretofore conducted by this City Council pursuant to the City of Alameda Special Tax Financing Improvement Code, constituting Section 3 -70 (Special Tax Financing Improvement Code) of Article IV (Special Tax Financing) of Chapter III (Finance and Taxation) of the Alameda Municipal Code (the "Code "), this City Council on this date adopted a Resolution Calling Special Election, calling for a special election of the qualified electors within City of Alameda Community Facilities District No. 4 (Demolition and Backbone Infrastructure - FISC and East Housing Sites) (the "District "); and WHEREAS, pursuant to the terms of said resolution, which are by this reference incorporated herein, said special election was held on this date, 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 hereby ORDERED and DETERMINED, as follows: Section 1. The issues presented at said special election were the incurring of a bonded indebtedness in the maximum aggregate principal amount of $12,000,000, the levy of a special tax within the District to be levied in accordance with the rate and method of apportionment of special taxes heretofore approved by this City Council by its resolution adopted this date Forming the City of Alameda Facilities District No. 4 (Demolition and Backbone Infrastructure - FISC and East Housing Sites), Authorizing Levy of a Special Tax Within the District and Preliminarily Establishing an Appropriations Limit for the District, and the approval of an annual appropriations limit of $12,000,000 pursuant to said resolution. Section 2. Pursuant to the Canvass on file with the City Clerk, the issues presented at the special election were approved by the qualified electors of the District by more than two- thirds of the votes cast at said special election. Section 3. Pursuant to the voter approval, the District 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 Code. Section 4. It is hereby found that all prior proceedings and actions taken by this City Council with respect to the District were valid and in conformity with the Code. Section 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 the Code, said recording to occur no later than fifteen days following adoption by the City Council of this Resolution. * * * * * * * * * ** 01019.01:J5291 7/30/01 EXHIBIT A CANVASS AND STATEMENT OF RESULT OF ELECTION CITY OF ALAMEDA COMMUNITY FACILITIES DISTRICT NO. 4 (DEMOLITION AND BACKBONE INFRASTRUCTURE - FISC AND EAST HOUSING SITES) I hereby certify that on August 21, 2001, I canvassed the returns of the special election held on August 7, 2001, in the City of Alameda Community Facilities District No. 4 (Demolition and Backbone Infrastructure - FISC and East Housing Sites) 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 City of Alameda Community Facilities District No. 4 (Demolition and Backbone Infrastructure - FISC and East Housing Sites) Special Tax and Bond Election August 21, 2001. BALLOT MEASURE: Shall the City of Alameda incur an indebtedness and issue bonds in one or more series in the maximn aggregate principal amount of $12,000,000, 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 City of Alameda Community Facilities District No. 4 (Demolition and Backbone Infrastructure - FISC and East Housing Sites) (the "District "), the proceeds of which will be used only to finance all or a portion of the costs of certain demolition and backbone infrastructure specified in the Resolution of Intention to form the District and the cost of issuing bonds as well as the establishment of a bond reserve fund; shall a special tax payable solely from lands within the District be levied annually upon lands within the District to be applied only to the payment of the principal and interest upon such bonds to be issued and to replenish the reserve fund for the bonds and to pay the costs of the City in administering the District; and shall the annual appropriations limit of the District be established in the amount of $12,000,000? IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 21st day of August, 2001. By: Lara Weisiger, Acting 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 Special Joint City Council, Community Improvement Commission, and Alameda Public Financing Authority meeting assembled on the 21st day of August, 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 22nd day of August, 2001. Lara Weisiger, Actingtity Clerk City of Alameda