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OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY TO THE <br />FAIRFIELD REDEVELOPMENT AGENCY <br />RESOLUTION NO. OB2012-14 <br />A RESOLUTION OF THE OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY <br />TO THE FAIRFIELD REDEVELOPMENT AGENCY AUTHORIZING THE EXECUTIVE <br />DIRECTOR OF THE SUCCESSOR AGENCY TO EXECUTE A CONSENT AND <br />WAIVER ON BEHALF OF THE SUCCESSOR AGENCY REGARDING AGENCY <br />PROPERTY TO BE INCLUDED IN PROPOSED COMMUNITY FACILITIES DISTRICT <br />NO. 2012-2 AND TO SUBMIT A BALLOT APPROVING A SPECIAL TAX ON <br />BEHALF OF SUCH AGENCY PROPERTY <br />WHEREAS, Pursuant to Health and Safety Code Section 34175(b) and the California <br />Supreme Court's decision in California Redevelopment Association, et al. v. Ana <br />Matosantos, et al. (53 Cal.4th 231(2011)), on February 1, 2012, all assets, properties, <br />contracts, leases, books and records, buildings, and equipment of the Fairfield <br />Redevelopment Agency (the "Agency") transferred to the Successor Agency to the <br />FairField Redevelopment Agency (the "Successor Agency") by operation of law; and <br />WHEREAS, The City is considering initiating the process to establish a community <br />facilities district ("CFD 2012-2") and levy a special tax (the "Special Tax") pursuant to <br />the Mello-Roos Community Facilities Act of 1982, commencing with Government Code <br />Section 53311 (the "Act"), for the purpose of financing certain public services. CFD <br />2012-2 would be a new community facilities district that ensures new development will <br />pay its proportionate share of the cost of municipal services; and <br />WHEREAS, The City may include the property of the former Agency (the "Agency <br />Property") within the boundaries of CFD 2012-2; and <br />WHEREAS, The Agency Property is vacant and is not planned for future public uses; <br />and <br />WHEREAS, The Successor Agency wishes to expedite the process for establishing <br />CFD 2012-2, levying the Special Tax and providing the public services; and <br />WHEREAS, Section 53326 of the Act provides that certain time limits and requirements <br />pertaining to the conduct of the election to levy the Special Tax may be waived with the <br />unanimous consent of the qualified electors of the proposed district; and <br />WHEREAS, Pursuant to Section 53317(�(3) of the Act, the Successor Agency will be a <br />qualified elector upon declaring in the proceedings that the Agency Property is intended <br />to be transferred to private ownership and upon providing in the proceedings that its <br />land will be subject to the Special Tax on the same basis as private property within the <br />district and upon affirmatively waiving any defense based on the fact of public <br />ownership, to an action to foreclose on the Agency Property in the event of nonpayment <br />of the Special Tax; and <br />1 124 5-000 1\1470258v 1.doc <br />