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RES 10341
City of Pleasanton
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RES 10341
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2/24/2010 12:19:03 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
2/16/2010
DESTRUCT DATE
PERMANENT
DOCUMENT NO
RES 10341
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WHEREAS, the City will not be responsible for the conduct of any assessment <br /> proceedings; the levy or collection of assessments or any required remedial action in <br /> the case of delinquencies in such assessment payments; or the issuance, sale or <br /> administration of the Bonds or any other bonds issued in connection with the <br /> CaliforniaFIRST Program; and <br /> WHEREAS, pursuant to Government Code Section 6586.5, a notice of public <br /> hearing has been published once at least five days prior to the date hereof in a <br /> newspaper of general circulation in the City and a public hearing has been duly <br /> conducted by this City Council concerning the significant public benefits of the <br /> CaliforniaFIRST Program and the financing of the Improvements. <br /> NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of <br /> Pleasanton as follows: <br /> Section 1. On the date hereof, the City Council held a public hearing and the <br /> City Council hereby finds and declares that the issuance of bonds by California <br /> Communities in connection with the CaliforniaFIRST Program will provide significant <br /> public benefits, including without limitation, savings in effective interest rate, bond <br /> preparation, bond underwriting and bond issuance costs and reductions in effective user <br /> charges levied by water and electricity providers within the boundaries of the City. <br /> Section 2. In connection with the CaliforniaFIRST Program, the City hereby <br /> consents to the conduct of special assessment proceedings by California Communities <br /> pursuant to Chapter 29 on any property within the Proposed Boundaries and the <br /> issuance of Bonds under the 1915 Act; provided, that <br /> (1) Such proceedings are conducted pursuant to one or more Resolutions of <br /> Intention in substantially the form of the ROI; <br /> (2) The Participating Property Owners, who shall be the legal owners of such <br /> property, execute a contract pursuant to Chapter 29 and comply with other applicable <br /> provisions of California law in order to accomplish the valid levy of assessments; and <br /> (3) The City will not be responsible for the conduct of any assessment <br /> proceedings; the levy or collection of assessments or any required remedial action in <br /> the case of delinquencies in such assessment payments; or the issuance, sale or <br /> administration of the Bonds or any other bonds issued in connection with the <br /> CaliforniaFIRST Program. <br /> (4) The issuance of Bonds will occur following receipt of a final judgment in a <br /> validation action filed by California Communities pursuant to Code of Civil Procedure <br /> Section 860 that the Bonds are legal obligations of California Communities. <br /> Section 3. Pursuant to the requirements of Chapter 29, California <br /> Communities has prepared and will update from time to time the "Program Report" for <br /> the CaliforniaFIRST Program (the "Program Report"), and California Communities will <br /> undertake assessment proceedings and the financing of Improvements as set forth in <br /> the Program Report. <br /> 2 <br />
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