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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
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DOCUMENT NO
RES 10341
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the intention of California Communities to create a special reserve fund for the bonds under <br /> Part 16 of the Improvement Bond Act of 1915. California Communities will not advance <br /> available surplus funds from its treasury to cure any deficiency in the redemption fund to be <br /> created with respect to the bonds; provided, however, that this determination shall not prevent <br /> California Communities from, in its sole discretion, so advancing funds. The bonds may be <br /> refunded under Division 11.5 of the California Streets and Highways Code or other applicable <br /> laws permitting refunding of the bonds, upon the conditions specified by and at the <br /> determination of California Communities. <br /> California Communities hereby authorizes the Program Manager, upon consultation <br /> with bond counsel and the CaliforniaFIRST Program underwriter, to provide for the issuance <br /> of bonds payable from contractual assessments. <br /> In connection with the issuance of bonds payable from contractual assessments, <br /> California Communities expects to obligate itself, through a covenant with the owners of the <br /> bonds, to exercise its foreclosure rights with respect to delinquent contractual assessment <br /> installments under specified circumstances. <br /> Section 6. Public Hearing. Pursuant to the Act, California Communities hereby orders that <br /> a public hearing be held before this Commission, at on 2010 at <br /> a.m., for the purposes of allowing interested persons to object to or inquire about the <br /> proposed program or any of its particulars. The public hearing may be continued from time to time <br /> as determined by the Commission for a time not exceeding a total of 180 days. <br /> At the time of the hearing, the Report described in Section 7 below shall be summarized <br /> and the Commission shall afford all persons who are present an opportunity to comment upon, <br /> object to, or present evidence with regard to the proposed contractual assessment program, the <br /> extent of the area proposed to be included within the program, the terms and conditions of the <br /> draft Contract described in Section 7 below, or the proposed financing provisions. Following the <br /> public hearing, California Communities may adopt a resolution confirming the Report (the <br /> "Resolution Confirming Report") or may direct the Report's modification in any respect, or may <br /> abandon the proceedings. <br /> The Commission hereby orders the Secretary to publish a notice of public hearing once a <br /> week for two successive weeks. Two publications in a newspaper published once a week or <br /> more often, with at least five days intervening between the respective publication dates not <br /> counting such publication dates, are sufficient. The period of notice will commence upon the first <br /> day of publication and terminate at the end of the fourteenth day. The first publication shall occur <br /> not later than 20 days before the date of the public hearing. <br /> Section 7. Report. The Commission hereby directs the Program Manager for the <br /> CaliforniaFIRST Program to prepare and file with the Commission a report (the "Report") at or <br /> before the time of the public hearing described in Section 6 above containing all of the following: <br /> (a) A map showing the boundaries of the territory within which contractual <br /> assessments are proposed to be offered, as set forth in Section 4 above. <br /> (b) A draft contract (the "Contract specifying the terms and conditions that would be <br /> agreed to by California Communities and a property owner within the County. The Contract may <br /> allow property owners to purchase directly the related equipment and materials for the <br />
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