CITY OF ALAMEDA RESOLUTION NO. _______
DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING
RECORDING OF NOTICE OF SPECIAL TAX LIEN – ALAMEDA
MARINA
WHEREAS, in proceedings heretofore conducted by this City Council of the City of Alameda (the “City”) pursuant to the City’s Special Tax Financing Improvement Code, 3-70.1 et seq. of the Alameda Municipal Code (the “Law”), this City Council on this date adopted a resolution “Calling Special Election Within the City of Alameda Community Facilities District No. 22-1 (Alameda Marina)”, calling for a special election of the qualified elector of the City of Alameda Community Facilities District No. 22-1 (Alameda Marina) (the “District”); and
WHEREAS, pursuant to the terms of said Resolution, which are by this r eference incorporated herein, the 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 the canvass and hereby approves it.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda that:
1. The issues presented at the special election were the incurring of a bonded indebtedness in the maximum aggregate principal amount of $37,000,000 for the District, the levy of a special tax within the District to be levied in accordance with the rate and method of apportionment of special taxes for the District heretofore approved by this City Council by its resolution adopted this date “Of Forma tion of the City of Alameda Community Facilities District No. 22-1 (Alameda Marina), 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 for the District in the amount of $3,700,000.
2. Pursuant to the canvass of the special election on file with the City Clerk, the issues presented at the special election were approved by the sole qualified elector of the District by more than two-thirds of the votes cast at the special election.
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 the proceedings to form the District and in the Law.
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 Law. -2-
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 for the District in a form provided by Bond Counsel, said recording to occur no later than fifteen days following adoption by the City Council of this Resolution.
6. This Resolution shall take effect upon its adoption.
A-1
EXHIBIT A
CANVASS AND STATEMENT OF RESULT OF ELECTION
CITY OF ALAMEDA
COMMUNITY FACILITIES DISTRICT NO. 22-1
(ALAMEDA MARINA)
I hereby certify that on March 1 , 2022, I canvassed the returns of the special election held on April 19, 2022, in the City of Alameda Community Facilities District No. 22-1 (Alameda Marina) and the total number of ballots cast in said election 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. 22-1
(Alameda Marina) Special Tax
and Bond Election April 19, 2022.
11 11
BALLOT MEASURE: Shall the City of Alameda (the “City”) incur an indebtedness and issue bonds in one or more series in the maximum aggregate principal amount of $37,000,000, 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. 22-1 (Alameda Marina) (the “District”), the proceeds of which will be used only to finance the costs of certain public improvements (the “Facilities”), as specified in the Resolution of Formation of the District, and the costs of issuing the bonds, initially administering the bonds and as well as the establishment of appropriate bond reserves; shall a special tax payable solely from lands within the District be levied annually upon lands within the District to be applied to pay the costs of the Facilities directly, to pay the principal and interest on any bonds issued for the District, to replenish the reserves for the bonds, and to pay the costs of the City in administering the District; and shall the initial annual appropriations limit of the District be established in the amount of $3,700,000?
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 20th day of April, 2022.
By:
Lara Weisiger, 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 April 2022, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 20th day of April 2022.
Lara Weisiger, City Clerk
City of Alameda
Approved as to form:
_____________________________
Yibin Shen, City Attorney
City of Alameda