Ordinance 2911CITY OF ALAMEDA ORDINANCE NO. 2911
New Series
LEVYING SPECIA TAXES WITHIN COMMTY FACILITIES DISTRICT
COMMTY FACILITIES DISTRICT NO. 03-1 OF THE CITY OF ALAMEDA
(BAYPORT MUCIPAL SERVICES DISTRICT)
WHEREAS , on September 16 , 2003 , this Council adopted a resolution entitled "
Resolution of futention to Establish a Communty Facilities District (the "Resolution of
futention ), has conducted proceedings (the "Proceedings ) to establish Communty Facilities
Distrct No. 03-1 (Bayport Municipal Services Distrct) (the "CFD"), of the City pursuant to the
City of Alameda Special Tax Financing hnprovement Code, commencing at Subsection 3-70.1 of
the Alameda Municipal Code (the "Act") to finance certain muncipal services (the "SerVices
as provided in the Act; and
WHEREAS, pursuant to notice as specified in the Act , and as par ofthe Proceedings , the
Council has held public hearings under the Act relative to the determination to proceed with the
formation of the CFD and the rate and method of apportionment of the special tax to be levied
within the CFD to finance the costs of the Services and at such hearing all persons desirg to
heard on all matters pertaining to the formation of the CFD and the levy of such special taxes
were heard , evidence was presented and considered by this Council and a full and fair hearing
was held; and
WHREAS , upon the conclusion of the hearings , this City Council adopted its
Resolution Formation of Communty Facilities District (the "Resolution of Formation) pursuant
to which it completed the Proceedings for the establishment of the CFD , the authorization of the
levy of a special tax within the CFD and the callng of an ele()tion within the CFD on the
propositions of levyg a special tax and establishing an appropriations limit within the CFD
respectively; and
WHEREAS , on November 4 , 2003 , a special election was held among the landowner
voters within the CFD at which the such voters approved such propositions by the two-thirds
vote required by the Act , which approval has been confirmed by resolution ofthis Council.
NOW , THEREFORE BE IT ORDAID BY THE CITY COUNCIL OF THE CITY OF
ALAMEDA as follows:
1. By the passage of this Ordinance , the Council hereby authorizes and levies special
taxes within the CFD pursuant to the Act , at the rate and in accordance with the rate and method
of apportionment of special tax set forth in the Resolution of Formation which rate and method is
by this reference incorporated herein. The special taxes are hereby levied commencing in fiscal
year 2003-2004 and in each fiscal year thereafter until special taxes are no longer necessar to
pay for the Services as contemplated by the Resolution of Formation and the Proceedings and all
costs of administering the CFD.
8418509.1
2. The Finance Director or designee or employee thereof of the City is hereby
authorized and directed each fiscal year to determine the specific special tax rate and amount to
be levied for the next ensuing fiscal year for each parcel of real propert within the CFD , in themaner and as provided in the Resolution of Formation, and to provide to the Council a report
describing the basis ofthe specific tax rates and amounts to be levied.
3. Exemptions from the levy of the special taxes shall be as provided in the
Resolution of Formation and the applicable provisions of the Act. fu no event shall the special
taxes be levied on any parcel within the CFD in excess of the maximum tax specified in the
Resolution of Formation.
4. All of the collections of the special tax shall be used as provided in the Act and in
the Resolution of Formation, including, but not limited to , the replenishment of any reserves, the
payment of the costs of the City in adminstering the CFD , and the costs of collecting and
administering the special taxes.
5. The special taxes shall be collected in the same maner as ordinary ad valorem
taxes are collected and shall have the same lien priority, and be subject to the same penalties and
the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided
however, that the Council may' provide for other appropriate methods of collection by
resolution(s) of the Council. The Finance Director of the City is hereby authorized and directed
to provide all necessary information to the auditor/tax collector of the County of Alameda in
order to effect proper biling and collection of the special tax , so that the special tax shall be
included on the secured propert tax roll of the County of Alameda for fiscal year 2003-2004 and
for each fiscal year thereafter until special taxes are no longer necessar to pay for the Servces.
6. If for any reason any portion of this Ordinance is found to be invalid, or if the
special tax is found inapplicable to any paricular parcel within the CFD , by a Cour of competent
jursdiction, the balance of this Ordinance and the application of the special tax to the remaining
parcels within the CFD shall not be affected.
7. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be
published imediately after its passage at least once in a newspaper of general circulation
circulated in the City.
8. This Ordinance shall be in full force and effect from and after the expiration of
thirt (30) days from the date of its final
Attest:
1/7::\ .
Lara Weisiger, City C19k
City of Alameda
the undersigned , hereby certify that the foregoing Ordinance was duly and regularly
adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 2
day of December, 2003 by the following vote to wit:
AYES:Councilmembers Daysog, Gilmore , Kerr , Matarese and
Mayor Johnson - 5.
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS , WHEREOF , I h lVe hereunto set my hand and affixed the official seal of said City ths
day of December, 2003.
Lara Weisiger, City
City of Alameda