Ordinance 2841CITY OF ALAMEDA ORDINANCE NO. 2841
New Series
AMENDING THE ALAMEDA MUICIP AL CODE BY AMENDING
SUBSECTIONS 3-70.6 (OTHER FINANCING POWERS OF A COMMUNTY
FACILITIES DISTRICT), 3-70.8 (TRANSFER OF FUNS; USE OF MONEY;
INTEREST), 3-70.14; (DEFINTIONS) AN 3-70.98 (ACTIONS TO DETERMIN
VALIDITY OF BONDS OR SPECIAL TAX LEVY), OF SECTION 3-
(SPECIAL TAX FINANCING IMROVEMENT CODE) DIVISION I (GENERA
PROVISIONS), ARTICLE IV (SPECIAL TAX FINANCING), OF CHAPTER III
(FINANCE AND TAXATION)
BE IT ORDAIED by the City Council of the City of Alameda that:
Section 1.The Alameda Municipal Code is hereby amended by adding a last paragraph
to Subsection 3-70.6 (Other Financing Powers of a Community Facilities Distrct) of Section 3-
(Special Tax Financing Improvement Code) of Division I (General Provisions) of Aricle
(Special Tax Financing) of Chapter III (Finance and Taxation) thereofto read:
The City may enter into a contract with the owner of two-thirds or more ofthe land
in a community facilities district subjectto the lien of special taxes to do work or
construct facilities financed pursuant to this Aricle without any prior solicitation for
bids for such work , if the City Council finds and determines that the work will be
performed more economically. pursuant to such. contract by reason of all of the
following: (i) the work or facilities are ofan integrated natue with work or facilities
to be done in the community facilities distrct that are notbeingfinancedpursuant
to this Code, (ii) a delay in the timely completion ofthe work or facilities could delay
development ofthe land in the communty facilities distrct, (iii) the timely payment
of bonds issued pursuant to this Aricle could be adversely affected by a delay in the
timely completion of the work or facilities , and (iv) bidding of the work or facilities
would be incongrous or would not result in any advantage to the City. For purposes
ofthe preceding sentence , an owner of two-thirds or moreofthe land in a community
facilities district shall include an entity which has entered into a disposition and
development agreement with respect to , or contract to purchase , two-thirds or more
of the land. in a community facilities district or an agent, assignee or transferee
thereofas permtted under such a disposition and development agreement or contract
to purchase.
Section 2 . The Alameda Municipal Code is hereby amended by amending Subsection
70.(Transfer of Funds; Use of Money; Interest) of Section 3-70 (Special Tax Financing
Improvement Code) of Division I (General Provisions) of Aricle IV (Special Tax Financing) of
Chapter III (Finance and Taxation) there of to read:
70.8 Transfer of Funds; Use of Money; Interest.
The City Council may from time to time transfer moneys to a community facilities
district or to a zone within a community facilities district , for the benefit of the
district or zone , from any funds available to the City, including but not limited to any
tax increment revenues or other contributions of funds by the Community
Improvement Commission of the City which are the subject of a contribution or
reimbursement agreement between the City and the Community Improvement
Commission. The City Council also may appropriate any of the City s available
moneys to a revolving fund to be used for the acquisition of real orpersonal propert,
engineering or other services , or the construction of structures or improvements
needed in whole or in part to provide one or more of the facilities or services of a
community facilities district.
The district may reimburse the City for any amount transferred or
appropriated pursuant to this subsection 3-70., together with interest at the rate per
annum , as determined by the City Council."
Section 3.The Alameda Municipal Code is hereby amended by amending the definitions
of "Landowner or owner or owner of land" in Subsection 3-70.14 (Definitions ) of Section 3-
(Special Tax Financing Improvement Code) of Divis ion I (General Provisions) of Aricle IV (Special
Tax Financing) of Chapter III (Finance and Taxation) thereof to read:
Landowner or owner or owner of land shall mean any person shown as the owner of
land on the last equalized assessment roll or otherwise known to be the owner of the
land by. the City Clerk. Notwithstanding the foregoing, landowner or owner or
owner of land means a) with respect to any land which is the subject of a
condemnation action,. the person entitled to possession of the land; and b) with
respect to any land which is expected to be or has been conveyed by the federal
governent, any deparent thereof or any agency or instrumentality thereof to the
City or the Communty Improvement Commission ofthe City or a joint exercise of
powers authority of which either or both of such entities are members , the City, the
Community Improvement Commission or such joint exercise of powers authority,
as applicable , provided that any special tax authorized to be levied on such land
pursuant to this Code may only be levied following (i) such conveyance to th-e City,
the Community Improvement Commission or suchjoint powers authority and (ii) the
reconveyance by any such public entity to a nongovernental entity. The City
Council has no obligation to obtain other information as to the ownership ofthe land
and its determination of ownership shall be final and conclusive for the purposes of
this Code. The City or any other public agency is not a landowner or o\Vnerof land
for purposes ofthis Code , unless a.) the land owned by the City or any public agency
or any leasehold therein would be subject to a special tax levied pursuant to this
Code , as provided in subsection 3-70.15 or subsection 3-70.16; or b) the provisions
ofthe second sentence of this paragraph apply.
Section 4 The Alameda Municipal Code is hereby amended by amending Subsection
70.98 (Action to Determine Validity of Bonds or Special Tax Levy) of section 3-70 (Special Tax
Financing Improvement Code) of Division I (General Provisions), of Aricle IV (Special Tax
Financing) of Chapter III (Finance and Taxation) thereof to read:
70.98 Action to Determine Validity of Bonds or Special Tax Levy.
An action to determine the validity of bonds issued pursuant to this Code or the
validity of any special taxes levied pursuant to this Code or the validity of any
contribution or reimbursement agreement described in Subsection 3-70.8 or the
validity of any contract referred to in the last sentence of Subsection 3-70.6 may be
brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2
of the California Code of Civil Procedure but shall , notwithstanding the time limits
specified in Section 860 of the California Code of Civil Procedure , be commenced
within thirty (30) days after the voters approve the issuance of the bonds or the
special tax , or the contrbution or reimbursement agreement or contract is approved
and authorized for execution by the City Council , respectively, if the action is
brought by an interested person pursuant to Section 863 of the California Code of
Civil Procedures. Any appeal from a judgment in that action or proceeding shall be
commenced within thirty (30) days after entry of judgment."
Section 5 . The validity of this Ordinance shall not be contested in any action or proceeding
unless such action or proceeding or defense shall have been brought or raised within thirt (30) days
from the date ofthe adoption by the City Council of this Ordinance. Unless an action or proceeding
is commenced or such defense is raised within said period , this Ordinance shall be held valid and
in every respect legal and incontestable.
Section 6 . This Ordinance shall be effective and be in full force and effect from and after
thirty (30) days after its final passage. Notwithstanding the foregoing, proceedings to establish a
community facilities district may be commenced under the City of Alameda Special Tax Financing
Improvement Code , as amended by this Ordinance , before said thirty (30) days shall have elapsed
so long as no resolution of formation of any such community facilities district shall be adopted
pursuant to subsection 3-70.32 of such Code within such thirty (30) day period.
Section 7 . The City Clerk shall certify to the adoption of this ordinance and shall cause the
same to be published in the maner prescribed by law.
Attest:
c7
City Clerk
, the undersigned , hereby certify that the foregoing Ordinance was duly and regularly adopted
and passed by the Council of the City of Alameda in special meeting assembled on the l8th day
of July,2000 , by the following vote to wit:
AYES:Councilmembers Daysog, DeWitt , Johnson , Kerr and
Mayor Appezzato - 5.
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS , WHEREOF , I have hereunto set my hand and affixed the official seal of said City
this 19th day of July,2000.
ane Felsch , City Clerk
City of Alameda