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HomeMy WebLinkAboutReso 135-24 Item 6.1 Determining Necessity to Incur Bonded Indebtedness for City of Dublin CommunityDocusign Envelope ID: 65641 EF4-8A37-4E9A-9F74-856A54D024CB RESOLUTION NO. 135 — 24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN DETERMINING NECESSITY TO INCUR BONDED INDEBTEDNESS FOR CITY OF DUBLIN COMMUNITY FACILITIES DISTRICT NO. 2024-1 (DUBLIN CENTRE) WHEREAS, on October 15, 2024, the City Council (the "City Council") of the City of Dublin (the "City") adopted its Resolution No. 122-24 (the "Resolution of Intention"), stating its intention to form the City of Dublin Community Facilities District No. 2024-1 (Dublin Centre) (the "CFD"), pursuant to the Mello -Roos Community Facilities Act of 1982, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the "Act"); and WHEREAS, on October 15, 2024, this City Council also adopted its Resolution No. 123-24 (the "Resolution of Intention to Incur Indebtedness") stating its intention to incur bonded indebtedness within the boundaries of the CFD in an amount not to exceed $55,000,000 for the purpose of financing the costs of the Facilities (defined herein); and WHEREAS, this City Council has held a noticed public hearing as required by the Act about the determination to proceed with the formation of the CFD, the provision of certain services and facilities by the CFD and the rate and method of apportionment of the special taxes to be levied within the CFD to pay for certain services and the Facilities, including the principal and interest on the proposed bonded indebtedness in the CFD for the Facilities, and the administrative costs of the City relative to the CFD; and WHEREAS, subsequent to the public hearing, this City Council adopted a resolution entitled "Forming the City of Dublin Community Facilities District No. 2024-1 (Dublin Centre)" (the "Resolution of Formation"); and WHEREAS, this City Council has also held a noticed public hearing as required by the Act relative to the matters material to the questions set forth in the Resolution of Intention to Incur Indebtedness; and WHEREAS, no written protests with respect to the matters material to the questions set forth in the Resolution of Intention to Incur Indebtedness have been filed with the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Dublin hereby finds, determines and resolves as follows: 1. Recitals. The foregoing recitals are true and correct. 2. Necessity. This City Council deems it necessary to incur bonded indebtedness in the maximum aggregate principal amount of $55,000,000 within the Reso. No. 135-24, Item 6.1, Adopted 11/19/2024 Page 1 of 3 Docusign Envelope ID: 65641 EF4-8A37-4E9A-9F74-856A54D024CB boundaries of the CFD for the purpose of financing the costs of all or a portion of the facilities defined in the Resolution of Formation (the "Facilities"), including, but not limited to, the costs of issuing and selling bonds to finance all or a portion of the Facilities and the costs of the City in establishing and administering the CFD. Indebtedness subject to this limit shall only include indebtedness evidenced by bonds or notes and shall not include bonds described in Section 53364.2(e) of the Act. 3. Entire CFD Liable. The whole of the CFD shall pay for the bonded indebtedness through the levy of the special tax. The tax is to be apportioned in accordance with the formula set forth in Exhibit A to the Resolution of Formation, as the same may be amended in accordance with the Act. 4. Bonds. Bonds in the maximum amount set forth in Section 2 are hereby authorized subject to voter approval. The bonds may be issued in one or more series and mature and bear interest at such rate or rates, payable semiannually or in such other manner, all as this City Council or its designee shall determine, at the time or times of sale of such bonds; provided, however, that the interest rate or rates shall not to exceed the maximum interest rate permitted by applicable law at the time of sale of the bonds and any series thereof shall have a maximum term of not to exceed 35 years. 5. Election. The proposition of incurring the bonded indebtedness herein authorized shall be submitted to the qualified electors of the CFD and shall be consolidated with elections on the proposition of levying special taxes within the CFD and the establishment of an appropriations limit for the CFD pursuant to Section 53353.5 of the Act. The time, place and further particulars and conditions of such election shall be as specified by separate resolution of this City Council. 6. Effective Date. This Resolution shall take effect upon its adoption. {Signatures on the following page} Reso. No. 135-24, Item 6.1, Adopted 11/19/2024 Page 2 of 3 Docusign Envelope ID: 65641 EF4-8A37-4E9A-9F74-856A54D024CB PASSED, APPROVED, AND ADOPTED this 19th day of November 2024, by the following vote: AYES: Councilmembers Hu, Josey, Thalblum and Mayor McCorriston NOES: Councilmember Qaadri ABSENT: ABSTAIN: Signed by: l iltdavristan, Mayor ATTEST: a—DocuSigned by: CityMot Clerk = lib IJULLr4U/1 D8A0451... Reso. No. 135-24, Item 6.1, Adopted 11/19/2024 Page 3 of 3