Resolution 13379CITY OF ALAMEDA RESOLUTION NO. 13379
DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS
WITHIN CITY OF ALAMEDA COMMUNITY FACILITIES DISTRICT NO. 4
(DEMOLITION AND BACKBONE INFRASTRUCTURE - FISC AND EAST
HOUSING SITES)
RESOLVED, by the City Council (the "Council ") of the City of Alameda (the "City "), as
follows:
WHEREAS, on June 19, 2001, this City Council adopted a Resolution Declaring
Intention to Establish a Community Facilities District and to Authorize the Levy of Special
Taxes (the "Resolution of Intention ") stating its intention to form the City of Alameda
Community District No. 4 (Demolition and Backbone Infrastructure FISC and East Housing
Sites) (the "District "), pursuant to the City of Alameda Special Tax Financing Improvement
Code, constituting Section 3 -70 (Special Tax Financing Improvement Code) of Article IV
(Special Tax Financing) of Chapter III (Finance and Taxation) of the Alameda Municipal Code
(the "Code "); and
WHEREAS, on June 19, 2001 this City Council also adopted a Resolution Declaring
Intention to Incur Bonded Indebtedness of the Proposed Community Facilities District No. 4
(Demolition and Backbone Infrastructure - FISC and East Housing Sites) (the "Resolution of
Intention to Incur Indebtedness ") stating its intention to incur bonded indebtedness within the
boundaries of the District for the purpose of financing certain demolition and backbone
infrastructure work (the "Demolition and Backbone Infrastructure ") specified in the Resolution
of Intention; and
WHEREAS, on July 17, 2001, this City Council opened the public hearing called
pursuant to the Resolution of Intention relative to the determination to proceed with the
formation of the District, the financing of the Demolition and Backbone Infrastructure by the
District and the rate and method of apportionment of the special tax to be levied within the
District to pay the principal and interest on the proposed District indebtedness and the
administrative costs of the City relative to the District, and on this date this City Council held
the continued public hearing; and
WHEREAS, at the hearing all persons desiring to be heard on, all matters pertaining to
the formation of the District, the financing of the Demolition and Backbone Infrastructure and
the levy of the special tax on, property within the District were heard and a full and fair hearing
was held; and
WHEREAS, subsequent to the hearing, this City Council adopted a Resolution Forming
the City of Alameda Community Facilities District No. 4 (Demolition and Backbone
Infrastructure - FISC and East Housing Sites), Authorizing the Levy of a Special Tax Within the
District and Preliminarily Establishing an Appropriations Limit for the District (the "Resolution
of Formation "); and
WHEREAS, also on July 17, 2001, this City Council opened the public hearing called
pursuant to the Resolution of Intention to Incur Indebtedness relative to the issuance of bonds
by the City for the District, and on this date this City Council held the continued public
hearing; and
WHEREAS, no written protests with respect to the matters material to the questions set
forth in the Resolution of Intention to Incur Indebtedness have been filed with the City Clerk
and no oral protests were made at the continued public hearing.
NOW, THEREFORE, it is hereby ORDERED and DETERMINED, as follows:
Section 1. The foregoing recitals are true and correct.
Section 2. This City Council deems it necessary to incur bonded indebtedness in the
maximum aggregate principal amount of $12,000,000 within the boundaries of the District.
Section 3. The indebtedness is to be incurred for the purpose of financing the
Demolition and Backbone Infrastructure, as provided in the Resolution of Intention and the
Resolution of Formation including, but not limited to, the costs of issuing and selling bonds to
finance the Demolition and Backbone Infrastructure and pay the costs of the City in
establishing and administering the District.
Section 4. The whole of the District shall pay for the bonded indebtedness through the
levy of the special tax. The tax is to be apportioned in accordance with the methodology set
forth in Exhibit B to the Resolution of Intention.
Section 5. The maximum amount of bonded indebtedness to be incurred is $12,000,000
and the maximum term of the bonds to be issued shall in no event exceed fifty (50) years.
Section 6. The bonds shall bear interest at rate or rates not to exceed the maximum
interest rate permitted by applicable law at the time of sale of the bonds, payable semiannually
or in such other manner as this City Council or its designee shall determine, the actual rate or
rates and times of payment of such interest to be determined by this City Council or its
designee at the time or times of sale of said bonds.
Section 7. The proposition of incurring the bonded indebtedness herein authorized shall
be submitted to the qualified electors of the District and shall be consolidated with elections on
the proposition of levying special taxes within the District and the establishment of an
appropriations limit for the District pursuant to Section 3 -70.88 of the Code. The time, place
and conditions of said election shall be as specified by separate resolution of this City Council.
Section 8. 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 City of Alameda in a Special Joint City Council,
Community Improvement Commission, and Alameda Public Financing Authority meeting
assembled on the 21st day of August, 2001, 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
22nd day of August, 2001.
Lara Weisiger, Acting City Clerk
City of Alameda