Ordinance 3178CITY OF ALAMEDA ORDINANCE NO. 3178
New Series
LEVYING SPECIAL TAXES WITHIN THE CITY OF ALAMEDA
COMMUNITY FACILITIES DISTRICT NO. 17 -1 ( ALAMEDA POINT
PUBLIC SERVICES DISTRICT)
WHEREAS, on March 7, 2017, this City Council of the City of Alameda (the
"City ") adopted a resolution "Declaring Intention to Establish a Community Facilities
District and to Authorize the Levy of Special Taxes Therein — Alameda Point Public
Services District" (the "Resolution of Intention "), stating its intention to establish the
City of Alameda Community Facilities District No. 17 -1 (Alameda Point Public
Services District) (the "District ") pursuant to the City of Alameda Special Tax
Financing Improvement Code, Section 3 -70.1 et seq. of the Alameda Municipal Code
(the "Law "), to finance costs of certain municipal services provided to the district (the
"Services "); and
WHEREAS, notice was published as required by the Law of the public hearing
as called pursuant to the Resolution of Intention relative to the intention of this City
Council to form the District to provide for costs of the Services; and
WHEREAS, the Resolution of Intention called for a public hearing on the District
to be held on March 21, 2017; and
WHEREAS, at the public hearing, all persons desiring to be heard on all matters
pertaining to the formation of the District and the levy of special taxes on real property
in the District were heard, substantial evidence was presented and considered by
this City Council and a full and fair hearing was held; and
WHEREAS, subsequent to the close of the public hearing, this City Council
adopted resolutions entitled "Of Formation of the City of Alameda Community
Facilities District No. 17 -1 (Alameda Point Public Services District), Authorizing the
Levy of a Special Tax Within the District, Preliminarily Establishing Appropriations
Limits for the District, and Submitting Levy of the Special Tax and the Establishment
of an Appropriations Limit to the Qualified Electors of the District" (the "Resolution of
Formation ") and "Calling Special Election Within the City of Alameda Community
Facilities District No. 17 -1 (Alameda Point Public Services District)," which resolutions
established the District, authorized the levy of a special tax within the District, and
called an election within the District on the proposition of levying a special tax and
establishing an appropriation limit for the District; and
WHEREAS, on March 21, 2017 an election was held within the District in which
the then eligible landowner electors approved said propositions for the District by more
than a two - thirds vote.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Alameda
that:
Section 1. By the passage of this Ordinance this City Council hereby authorizes and
levies special taxes within the District, pursuant to the Law, at the rate and in
accordance with the rate and method of apportionment of special taxes for the District
approved by the Resolution of Formation which Resolution is by this reference incorporated
herein. The special taxes are hereby levied commencing in fiscal year 2017 -18 and in each
fiscal year thereafter in perpetuity as provided in the rate and method of apportionment of
special taxes for the District.
Section 2. The City Finance Director is hereby authorized and directed each fiscal
year to determine the specific special tax rate and amount to be levied for each parcel
of real property within the District, in the manner and as provided in the Resolution of
Formation.
Section 3. Properties or entities of the State, federal or local governments shall be
exempt from any levy of the special taxes in the District, to the extent set forth in
the rate and method of apportionment of special taxes for the District in the form
attached to the Resolution of Intention. In no event shall the special taxes be levied
on any parcel within the District in excess of the maximum tax specified in the rate
and method of apportionment of special taxes for the District.
Section 4. All of the collections of the special tax for the District shall be used as
provided for in the Law and in the Resolution of Formation including the payment
of costs of the Services authorized to be funded by the District, the payment of the
costs of the City in administering the District and the payment of the costs of collecting
and administering the special tax.
Section 5. The special taxes shall be collected from time to time for the District as
necessary to meet the financial obligations of the District on the secured real
property tax roll in the same manner as ordinary ad valorem taxes are collected. The
special taxes 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. In addition, the provisions of Section 3 -70.90 of the Law shall apply
to delinquent special tax payments. The City Finance Director is hereby authorized and
directed to provide all necessary information to the auditor /tax collector of the County
of Alameda and to otherwise take all actions necessary in order to effect proper billing
and collection of the special tax, so that the special tax shall be levied and collected
in sufficient amounts and at the times necessary to satisfy the financial obligations of
the District in each fiscal year.
Notwithstanding the foregoing, the City Finance Director may collect one or more
installments of the special taxes on any one or more parcels in the District by means
of direct billing by the City of the property owners within the District, if, in the judgment
of the City Finance Director, such means of collection will reduce the administrative
burden on the City in administering the District or is otherwise appropriate in the
circumstances. In such event, the special taxes shall become delinquent if not paid
when due as set forth in any such respective billing of the applicable property owners.
Section 6. The City Finance Director is hereby directed to establish an account for the
District (which need not be a separate deposit account, but may be a separate general
ledger account so long as funds for the District can be separately accounted for, or
may be an account held by a fiscal agent on behalf of the City) into which proceeds
of the special tax levied for the District will be deposited, and the City Finance
Director is hereby directed to file an annual report with this City Council for the
District as required by Section 50075.3 of the California Government Code.
Section 7. If for any reason any portion of this Ordinance is found to be invalid,
or if the special tax is found inapplicable to any particular parcel within the District,
by a Court of competent jurisdiction, the balance of this Ordinance, and the application
of the special tax to the remaining parcels within the District shall not be affected.
Section 8. This Ordinance shall be in full force and effect from and after expiration
of 30 days from the date of its final passage.
are i c e r of the Council
Attest:
Lara Weisiger, City C,'tdrk
I, 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 4th day of April, 2017, by the following vote to wit:
AYES: Councilmembers Ezzy Ashcraft, Matarrese, Oddie, Vella and
Mayor Spencer — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of
said City this 5th day of April, 2017.
Lara Weisiger, City
Clerk City of Alameda
Approved as to form:
C'-rr ,
ianaf,6. Kern, City Attorney
City of Alameda