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2015/08/11 City Council Resolution 2015-133WHEREAS, the California Statewide Communities Development Authority ("California Communities") is a joint exercise of powers authority the members of which include numerous cities and counties in the State of California, including the City of Rohnert Park (the "City"); and WHEREAS, Chapter 29 provides that assessments may be levied under its provisions only with the free and willing consent of the owner of each lot or parcel on which an assessment is levied at the time the assessment is levied; and WHEREAS, the City desires to allow the owners of property ("Participating Property Owners") within the incorporated territory of the City to participate in the CaliforniaFIRST Program and to allow California Communities to conduct assessment proceedings under Chapter 29 within the incorporated territory of the City and to issue Bonds under the 1915 Act to finance the Improvements; and WHEREAS, California Communities will conduct assessment proceedings under Chapter 29 and issue Bonds under the 1915 Act to finance Improvements; WHEREAS, the City will not be responsible for the conduct of any assessment proceedings; the levy or collection of assessments or any required remedial action in the case of delinquencies in such assessment payments; or the issuance, sale or administration of the Bonds or any other bonds issued in connection with the CaliforniaFIRST Program. Jones Hall, A Professional Law Corporation 4-26-10 NOW. THEREFORE, BE IT RESOLVED hv the City Council of the City nfllobnert Park as follows: . This City Council hereby finds and declares that properties in the Ckv`o incorporated area will heunfitfrom the availability ofthe Cn1itbrubdPl0STProgcauz within the incorporated territory of the City and, pursuant thereto, the conduct of special axueuonzcnt proceedings by California Communities pursuant to Chapter 29 and the issuance of Bonds under the 1915 Act. Section 2. In unuuectkou with the CaliforniaFIRST Program, the City hcrchv consents to the conduct of special assessment proceedings by California Communities pursuant to Chapter 29 on any property within its jurisdiction and the issuance of Bonds under the 1915 Act; provided, that (1) The Participating Property Owners, who shall bcthe legal owners of such property, execute u contract pursuant to Chapter 29 and comply with other applicable provisions of California |an/ in order to accomplish the valid levy of assessments; and /2\ The City will not be responsible for the conduct of any aoocosnuont proceedings; the levy nr collection of assessments m any required remedial action in the case of delinquencies in such aaocomnzoot payments; or the issuance, sale or administration of the l9oodo or any other bonds issued in 000ueudou with the CulifbruiaPlB8TPrngram. (3) The issuance of Bonds will occur following receipt ofa final judgment in uva1idu1ioo action filed bv California Communities pursuant tn Code ofCivil Procedure Section 860 that the Bonds are legal obligations of California Communities. Section . Pursuant tn the requirements of Chapter 29` California Communities has prepared and will update from time to time the "Program ` for the Co]ifhrubUPlRST yru@raou (the "Program Report"), and California Cnounooudico will undertake nuaesorneut proceedings and the fiounciugof Improvements un set forth inthe Program Report. Section . The appropriate officials and staff u[ the City are hereby authorized and directed to make applications for the Cu|ifbruinFD0SIprogram available to all property owners who wish to finance Improvements; provided, that California Communities shall be responsible for providing such applications and related zoo1eriolo at its own expense. The following staff person/s, together with any other staff persons chosen by the City Manager from time to time, are hereby designated as the cootuctpemoo/o for California Communities in connection with the CulifbruiaFTRLS7 Program: [>ou Schwartz, Assistant City Manager. Section 5, The appropriate officials and staff ofthe City are hereby authorized and directed to execute and deliver such closing certificates, requisitions, agreements and related doounuouto as are ceuoouubh/ required by California Communities in accordance with the Program Report to implement the CuUfbcuiapDR8TProgramu for Participating Property Ov/ueco. Section 6. The City Council hereby finds that adoption of this Resolution is not a "project" under the California Environmental Quality Act, because the Resolution does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Section 15378(b)(4)). Section 7. This Resolution shall take effect immediately upon its adoption. The City Clerk is here ............... by authorized and directed to transmit a certified copy of this resolution to the Secretary of California Communities. DULY AND REGULARLY ADOPTED this l lt" day of August, 2015. t.,'C 1 "1r t l lit 11::C ,EtZT PARK �yw i pry + Amy O. AIM1101L]. May0f` ATTEST: R ohmic M Buergler, City Clc -k CALLINAN: Ay fi MACKENZIE: A" E STAFFORD: NA S BELFORTE: W3SEW AHANOTU: N16 -AYES: (y )" NOES: ( O ) ABSENT: ( 1 ) ABSTAIN: ( b ) 3