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City of San Diego
PUBLISHED: Monday April 19, 2010

NOTICE OF PUBLIC HEARING
To Incur Bonded Indebtedness
CITY OF SAN DIEGO
Renewable Energy, Energy Efficiency and
Water Conservation Improvement District No. 1
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On March 23, 2010, the City Council (the “City Council”) of the City of San Diego (the “City”) adopted its “Resolution of Intention To Incur Bonded Indebtedness with Respect to the City of San Diego Renewable Energy, Energy Efficiency and Water Conservation Improvement District No. 1” (the “Resolution”) for the “City of San Diego Renewable Energy, Energy Efficiency and Water Conservation Improvement District No. 1” (the “Special Tax District”) under Chapter 6, Article 1, Division 26 of the San Diego Municipal Code (the “Code”), which Code incorporates the Mello-Roos Community Facilities Act of 1982 (the “Act”). Under the Code and the Resolution, the City Council gives notice as follows:
1. The Resolution, as adopted by the City Council, is on file with the City Clerk and reference is made thereto for the particular provisions thereof. The text of the Resolution is summarized as follows:
a. The City Council has adopted its Resolution of Intention to Establish City of San Diego Renewable Energy, Energy Efficiency and Water Conservation Improvement District No. 1, stating its intention to form the Special Tax District for the purpose of financing and refinancing the acquisition, installation and improvement of renewable energy, energy efficiency and water conservation improvements to or on real property and in buildings, whether such real property or buildings are privately or publicly owned (the “Facilities”), as further provided in that Resolution of Intention.
b. The Special Tax District shall initially consist solely of territory proposed for annexation to the Special Tax District in the future, with the condition that a parcel or parcels within that territory may be annexed to the Special Tax District and subjected to a special tax only (i) following an election at which two-thirds or more of the qualified electors of the initial parcel or parcels to be annexed vote in favor of the levy of the special tax, and, thereafter, with the unanimous written approval of the owner or owners of each parcel to be annexed at the time that such parcel is annexed to the Special Tax District, or in compliance with such other procedures specified in the Code.
c. The City Council estimates the amount required to finance the costs of the Facilities to be not more than $200,000,000 and, in order to finance such costs, it is necessary to incur bonded indebtedness in the amount of not more than $200,000,000.
d. The proposed bonded indebtedness is to finance the Facilities, including acquisition, installation and improvement costs and all costs incidental to or connected with the accomplishment of such purposes and of the financing thereof, as permitted by the Code.
e. For the public purposes set forth in the Resolution, the City Council intends to authorize the issuance and sale of bonds or other forms of debt authorized by the Code (collectively, the “Bonds”) in the aggregate principal amount of not more than $200,000,000 in such series and bearing interest payable semi-annually or in such other manner as the City Council shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of the Bonds, and maturing not to exceed 30 years from the date of the issuance of the Bonds.
The Bonds will be repaid solely from special taxes levied on property that has annexed into the Special Tax District.
2. A PUBLIC HEARING REGARDING THE NECESSITY OF INCURRING UP TO $200,000,000 OF BONDED INDEBTEDNESS FOR THE SPECIAL TAX DISTRICT WILL BE HELD ON TUESDAY, APRIL 27, 2010, AT 2:00 P.M. OR AS SOON AS POSSIBLE THEREAFTER, IN THE CITY COUNCIL CHAMBERS, 202 C STREET, 12TH FLOOR, SAN DIEGO, CALIFORNIA.
3. At the public hearing, the testimony of all interested persons, including voters and/or persons owning property in the area of the proposed Special Tax District, for and against the proposed bonded debt, will be heard. Interested persons may submit written protests or comment to the City.

INQUIRIES
The full text of the Resolution and a copy of the map of the proposed District may be obtained from the person specified below.
For any questions relating to the proceedings, or any particulars, please contact the following designated person:
Chuck Wilcox
Debt Coordinator
City of San Diego
Debt Management Department
202 C Street, MS 7B
San Diego, CA 92101
(619) 533-4519
DATED: April 19, 2010
Elizabeth Maland
CITY CLERK OF THE
CITY OF SAN DIEGO
Pub. Apr 19, 20-00072939

NOTICE OF PUBLIC HEARING
To Establish a Special Tax District

CITY OF SAN DIEGO
Renewable Energy, Energy Efficiency and
Water Conservation Improvement District No. 1
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On March 23, 2010, the City Council (the “City Council”) of the City of San Diego (the “City”) adopted its “Resolution of Intention To Establish City of San Diego Renewable Energy, Energy Efficiency and Water Conservation Improvement District No. 1” (the “Resolution of Intention”) to establish the “City of San Diego Renewable Energy, Energy Efficiency and Water Conservation Improvement District No. 1” (the “Special Tax District”) under Chapter 6, Article 1, Division 26 of the San Diego Municipal Code (the “Code”), which Code incorporates the Mello-Roos Community Facilities Act of 1982 (the “Act”). Under the Code and the Resolution of Intention, the City Council gives notice as follows:
1. The text of the Resolution of Intention, with Exhibits A, B and C thereto, as adopted by the City Council, is on file with the City Clerk and reference is made thereto for the particular provisions thereof. The text of the Resolution of Intention is summarized as follows:
a. Under the Code, and for the public purposes set forth in the Resolution of Intention, the City Council is undertaking proceedings for the establishment of the Special Tax District, the boundaries of which are shown on a map on file with the City Clerk. The Special Tax District shall initially consist solely of territory proposed for annexation to the Special Tax District in the future, with the condition that a parcel or parcels within that territory may be annexed to the Special Tax District and be subjected to a special tax only (i) following an election at which two-thirds or more of the qualified electors of the initial parcel or parcels to be annexed vote in favor of the special tax, and, (ii) thereafter, with the unanimous written approval of the owner or owners of each parcel to be annexed at the time that such parcel is annexed to the Special Tax District, or in compliance with such other procedures specified in the Code.
If there have been fewer than twelve registered voters within the territory proposed for annexation for each of the 90 days prior to the election, then the qualified electors at the election shall be the owner or owners of the parcel or parcels to be annexed. If there have been more than twelve registered voters residing at the parcel or parcels proposed for annexation for each of the 90 days prior to the election then the qualified electors shall be the registered voter or voters residing at such parcel or such parcels.
b. The purpose of the Special Tax District is to finance and refinance the acquisition, installation and improvement of renewable energy, energy efficiency and water conservation improvements to or on real property and in buildings, whether such real property or buildings are privately or publicly owned (the “Facilities”).
c. The method of financing the Facilities is through the imposition and levy of a special tax (the “Special Tax”) to be apportioned on the properties in the Special Tax District (i) according to the rate and method of apportionment described in the Resolution of Intention and attached as Exhibit B thereto, and (ii) at the rate specified in the rate supplement to the rate and method of apportionment made applicable to a parcel through the unanimous approval of each owner, or in compliance with such other procedures specified in the Code.
d. The Chief Financial Officer of the City (or his or her designee) was directed to prepare a Special Tax District Report that describes the Facilities and the estimated costs of the Facilities. The Special Tax District Report will be made a permanent part of the record of the public hearing specified below. Reference is made to the Special Tax District Report as filed with the City Clerk.
e. As set forth below, the City Council will hold a public hearing on the proposed establishment of the Special Tax District, the Facilities and the Special Tax.
2. A PUBLIC HEARING REGARDING THE PROPOSED FORMATION OF THE SPECIAL TAX DISTRICT WILL BE HELD ON TUESDAY, APRIL 27, 2010, AT 2:00 P.M. OR AS SOON AS POSSIBLE THEREAFTER, IN THE CITY COUNCIL CHAMBERS, 202 C STREET, 12TH FLOOR, SAN DIEGO, CALIFORNIA.
THE CITY COUNCIL MAY EITHER CONCLUDE THE PUBLIC HEARING ON APRIL 27, 2010, OR MAY CONTINUE THE PUBLIC HEARING TO A LATER DATE IF THE COMPLEXITY OF THE PROPOSED DISTRICT OR THE NEED FOR PUBLIC PARTICIPATION REQUIRES ADDITIONAL TIME.
3. At the hearing, the testimony of all interested persons or taxpayers for or against the establishment of the Special Tax District, the extent of the Special Tax District or the furnishing of the specified Facilities will be heard. Any person interested may file a protest in writing as provided in Section 53323 of the Act. If 50% or more of the registered voters, or 6 registered voters, whichever is more, residing within the territory proposed to be annexed to the Special Tax District in the future, or if the owners of one-half or more of the area of land proposed to be annexed in the future and not exempt from the Special Tax, file written protests against the establishment of the Special Tax District, and protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings to form the Special Tax District shall be undertaken for a period of 1 year from the date of decision of the City Council on the issues discussed at the hearing. If the majority protests of the registered voters or of the landowners are only against the furnishing of a specified type or types of Facilities within the Special Tax District, or against levying the Special Tax, those types of Facilities or the Special Tax shall be eliminated from the City Council's proceedings, and the remainder of such proceedings may continue.
4. If there is no majority protest, the City Council may form the Special Tax District and authorize the levy of the Special Tax, with the condition that at the time that the first parcel or parcels are requesting annexation to the Special Tax District there shall be submitted to the qualified elector or qualified electors of such parcel or parcels a proposition to approve the levy of the Special Tax within the Special Tax District. If not less than two-thirds of the qualified electors vote in favor of the proposition to levy the Special Tax, then, thereafter, territory may be annexed to the Special Tax District and subjected to the Special Tax only with execution of a unanimous approval of the owner or owners of each parcel to be annexed, or in compliance with such other procedures specified in the Code.

INQUIRIES

The full text of the Resolution of Intention, which includes the proposed rate and method of apportionment of Special Tax and the list of eligible Facilities to be financed, and a copy of the map of the proposed District may be obtained from the person specified below.
For any questions relating to the proceedings, or any particulars, please contact the following designated person:
Chuck Wilcox
Debt Coordinator
City of San Diego
Debt Management Department
202 C Street, MS 7B
San Diego, CA 92101
(619) 533-4519
DATED: April 19, 2010 Elizabeth Maland___
CITY CLERK OF THE
CITY OF SAN DIEGO
Pub. Apr 19, 20-00072938


City of San Diego
PUBLISHED: Monday April 19, 2010


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