Resolution 148880
LL
0
r
u►
0
CITY OF ALAMEDA RESOLUTION NO. 14888
OF FORMATION OF THE CITY OF ALAMEDA COMMUNITY
FACILITIES DISTRICT NO. 13 -2 (ALAMEDA LANDING MUNICIPAL
SERVICES DISTRICT), AUTHORIZING THE LEVY OF A SPECIAL TAX
WITHIN THE DISTRICT, PRELIMINARILY ESTABLISHING AN
APPROPRIATIONS LIMIT FOR THE DISTRICT, AND SUBMITTING
LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE
APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE
DISTRICT
WHEREAS, on December 3, 2013, this City Council adopted a resolution
Declaring Intention to Establish a Community Facilities District and to Authorize the Levy
of Special Taxes Therein — Alameda Landing Municipal Services District" (the "Resolution
of Intention ") stating its intention to form the City of Alameda Community Facilities District
No. 13 -2 (Alameda Landing Municipal Services District) (the "District ") pursuant to the City
of Alameda Special Tax Financing Improvement Code, Alameda Municipal Code 3 -70.1 et
seq. (the "Law "); and
WHEREAS, the Resolution of Intention, incorporating by reference a map of the
proposed boundaries of the District and describing the municipal services (the "Services ")
eligible to be financed by the District, the cost of providing the Services and the rate and
method of apportionment of the special tax to be levied within the District to pay costs of
the Services is on file with the City Clerk and the provisions thereof are incorporated
herein by this reference as if fully set forth herein; and
WHEREAS, the Resolution of Intention called for a public hearing on the District to
be held on January 7, 2014, and notice of the public hearing was published as required by
the Law; and
WHEREAS, on January 7, 2014, the City Council opened the public hearing and
continued the public hearing to the February 4, 2014 City Council meeting; and
WHEREAS, on this date this City Council held the continued public hearing
required by the Law and the Resolution of Intention relative to the proposed formation of
the District; and
WHEREAS, at the continued hearing all interested persons desiring to be heard on
all matters pertaining to the formation of the District, the Services to be funded by the
District and the levy of the special tax in the District were heard and a full and fair hearing
was held; and
WHEREAS, at the hearing evidence was presented to this City Council on the
matters before it, including a report by the Director of Public Works of the City (the
"Report ") as to the Services to be provided by the District and the costs thereof, a copy of
which is on file with the City Clerk, and this City Council at the conclusion of the hearing
was fully advised regarding the District; and
WHEREAS, written protests with respect to the formation of the District and /or the
provision of services by the District as described in the Report have not been filed with the
City Clerk by fifty percent (50 %) or more of the registered voters residing within the
territory of the District or property owners of one -half (1/2) or more of the area of land
within the District and not exempt from the special tax; and
WHEREAS, the special tax proposed to be levied in the District to pay for costs of
the Services as set forth in Exhibit B to the Resolution of Intention has not been eliminated
by protest by fifty percent (50 %) or more of the registered voters residing within the
territory of the District or the owners of one -half (1/2) or more of the area of land within the
District and not exempt from the special tax.
that:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda
1. The foregoing recitals are true and correct.
2. The proposed special tax to be levied within the District has not been
precluded by majority protest pursuant to Section 3 -70.30 of the Law.
3. All prior proceedings taken by this City Council in connection with the
establishment of the District and the levy of the special tax in the District have been duly
considered and are hereby found and determined to be valid and in substantial conformity
with the Law.
4. The community facilities district designated "City of Alameda Community
Facilities District No. 13 -2 (Alameda Landing Municipal Services District)" is hereby
established pursuant to the Law.
5. The boundaries of the District, as described in the Resolution of Intention
and set forth in the boundary map of the District recorded on December 12, 2013 in the
Alameda County Recorder's Office in Book 18 of Maps of Assessment and Community
Facilities Districts at Page 46 (instrument no. 2013382194), are hereby approved, are
incorporated herein by this reference and shall be the boundaries of the District.
6. The types of services eligible to be funded by the District pursuant to the
Law are as described in Exhibit A to the Resolution of Intention which Exhibit is by this
reference incorporated herein.
7. A special tax sufficient to pay the costs of the Services, secured by
recordation of a continuing lien against all non - exempt real property in the District, will be
levied within the District and collected in the same manner as ordinary ad valorem
property taxes or in such other manner as this City Council shall determine, including
direct billing of the affected property owners. The proposed rate and method of
apportionment of the special tax among the parcels of real property within the District, in
sufficient detail to allow each landowner within the District to estimate the maximum
amount such owner will have to pay, are described in Exhibit B to the Resolution of
Intention, which Exhibit is by this reference incorporated herein, and shall be the rate and
method of apportionment of special taxes for the District. This City Council hereby finds
that the basis for the levy and apportionment of the special tax, as set forth in said rate
and method of apportionment of special taxes, is reasonable.
8. The office of the Finance Director of the City of Alameda, 2263 Santa Clara
Avenue, Alameda, California 94501, telephone number (510) 747 - 4880, is the office of the
City that will be responsible for preparing annually and whenever otherwise necessary a
current roll of special tax levy obligations by assessor's parcel number and that will be
responsible for estimating future special tax levies for the District pursuant to Sections 3-
70.32 and 3 -70.71 of the Law.
9. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of
the California Streets and Highways Code for the District, a continuing lien to secure each
levy of the special tax shall attach to all nonexempt real property in the District and this
lien shall continue in force and effect until collection of the tax by the City Council ceases.
10. In accordance with Section 3 -70.36 of the Alameda Municipal Code, the
appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the
California Constitution, of the District is hereby preliminarily established at $10,000,000
and said appropriations limit shall be submitted to the qualified electors of the District as
provided below. The proposition establishing the appropriations limit for the District shall
become effective if approved by the qualified electors of the District voting thereon and
shall be adjusted in accordance with the applicable provisions of Section 3 -70.36 of the
Law.
11. Pursuant to the provisions of Section 3 -70.37 of the Law, the proposition of
the levy of the special tax and the proposition of the establishment of the appropriations
limit specified above shall be submitted to the qualified electors of the District at an
election the time, place and conditions of which election shall be as specified by a
separate resolution of this City Council.
12. This Resolution shall take effect upon its adoption.
I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the CitvnfA|arnede in a regular meeting on the 4th day of February, 2014. byth8following vote to wit:
AYES: Councilmembers Chen, Oayoog, Ezzy Ashcraft, Tam and
Mayor Gilmore — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, | have hereunto set my hand and affixed the official seal
of said City this 5th day of February, 2014.
Lara Weisiger, Cit /C|e
City of Alameda
k