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08/09/2010 <br />hereby directed to record, or cause to be recorded, the map of the boundaries of the <br />District in the office of the County Recorder of the County of San Mateo (the "County ") <br />as soon as practicable after the adoption of this Resolution. <br />Section 4. The type of public facilities (the "Facilities ") proposed to be eligible <br />for funding by the District and pursuant to the Law shall consist of those items listed on <br />Exhibit B hereto under the heading "Facilities," which Exhibit is by this reference <br />incorporated herein. The City Council hereby finds and determines that the description <br />of the Facilities herein is sufficiently informative to allow taxpayers within the proposed <br />District to understand what the funds of the District may be used to finance, and that the <br />proposed Facilities are necessary to meet increased demands placed upon the City as <br />a result of development occurring in the District. <br />The City Council hereby finds and determines that the public interest will not be <br />served by allowing the Petitioner to enter into a contract in accordance with Section <br />53329.5(a) of the Law. Notwithstanding the foregoing, the City Council, on behalf of the <br />District, may enter into one or more contracts directly with the Petitioner with respect to <br />the construction and /or acquisition of any portion of the Facilities. <br />Section 5. Except to the extent that funds are otherwise available to the District <br />to pay for the Facilities and /or pay the principal and interest as it becomes due on <br />bonds of the City issued on behalf of the District, a special tax sufficient to pay the costs <br />thereof (the "Special Tax "), secured by recordation of a continuing lien against all non- <br />exempt real property in the District, will be levied within the District and collected in the <br />same manner as ordinary ad valorem property taxes or in such other manner as this <br />City Council or its designee shall determine, including direct billing of the affected <br />property owners. The proposed rate and method of apportionment of the special tax <br />among the parcels of real property within the District, in sufficient detail to allow each <br />landowner within the proposed District to estimate the maximum amount such owner <br />will have to pay, is described in Exhibit C attached hereto, which Exhibit C is by this <br />reference incorporated herein. The City Council hereby determines that the proposed <br />rate and method of apportionment of the special tax is in compliance with the CFD <br />Goals. <br />This City Council finds that the provisions of Section 53313.6, 53313.7 and <br />53313.9 of the Law (relating to adjustments to ad valorem property taxes and schools <br />financed by a community facilities district) are inapplicable to the District. <br />In the case of any Special Tax to pay for the Facilities to be levied against any <br />parcel used for private residential purposes: (1) the maximum Special Tax shall be <br />specified as a dollar amount which shall be calculated and thereby established not later <br />than the date on which the parcel is first subject to the tax because of its use for private <br />residential purposes and which amount shall not be increased over time over two <br />percent (2 %) per year; (ii) the tax year after which no further Special Tax subject to this <br />sentence shall be levied or collected shall be as set forth in Exhibit C hereto; and (iii) <br />under no circumstances will the Special Tax levied in any fiscal year against any <br />residential parcel subject to this sentence be increased as a consequence of <br />ATrY /RESO /RESO.2040 #15048 <br />080310 MUFF # 506 <br />-2- <br />