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WHEREAS, Chapter 29 provides that assessments may be levied under its provisions <br /> only with the free and willing consent of the owner or owners of each lot or parcel on which an <br /> assessment is levied at the time the assessment is levied; and <br /> WHEREAS, the City desires to allow the owners of property ("Participating Property <br /> Owners") within its territory to participate in the Programs and to allow the Authority to conduct <br /> assessment proceedings under Chapter 29 within its territory and to issue bonds to finance or <br /> refinance Improvements; and <br /> WHEREAS, the territory within which assessments may be levied for the Programs shall <br /> include all of the territory within the City's official boundaries; and <br /> WHEREAS, the Authority will conduct all assessment proceedings under Chapter 29 for <br /> the Programs and issue any bonds issued in connection with the Programs; and <br /> WHEREAS, the City will not be responsible for the conduct of any assessment <br /> proceedings; the levy of assessments; any required remedial action in the case of delinquencies <br /> in such assessment payments; or the issuance, sale, administration repayment or guarantee of <br /> any bonds issued in connection with the Programs. <br /> NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF <br /> PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING: <br /> SECTION 1. This City Council hereby finds and declares that the foregoing recitals are <br /> true and correct. <br /> SECTION 2. The Agreement is hereby approved and the Mayor, City Manager, or the <br /> designee thereof is hereby authorized and directed to execute said document, and the City <br /> Clerk or such clerk's designee is hereby authorized and directed to attest thereto. <br /> SECTION 3. This City Council hereby finds and declares that properties in the territory <br /> of the City will benefit from the availability of the Programs within the territory of the City and, <br /> pursuant thereto, the conduct of special assessment proceedings by the Authority pursuant to <br /> Chapter 29 and the issuance of bonds to finance or refinance Improvements. <br /> SECTION 4. In connection with the Programs, the City hereby consents to the conduct <br /> of special assessment proceedings by the Authority pursuant to Chapter 29 on any property <br /> within the territory of the City and the issuance of bonds to finance or refinance Improvements; <br /> provided, that <br /> (1) 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 /> (2) The City will not be responsible for the conduct of any assessment <br /> proceedings; the levy of assessments; any required remedial action in the case of <br /> delinquencies in such assessment payments; or the issuance, sale, administration, <br /> repayment or guarantee of any bonds issued in connection with the Programs. <br /> SECTION 5. The appropriate officials and staff of the City are hereby authorized and <br /> directed to make applications for the Programs available to all property owners who wish to <br />