Resolution 13644CITY OF ALAMEDA RESOLUTION NO. 13 6 4 4
A RESOLUTION OF FORMATION OF
A COMhIUNITY FACILITIES DISTRICT
COMMUNITY FACILITIES DISTRICT NO. 03-1 OF THE CITY OF ALAMEDA
(BAYPORT MUNICIPAL SERVICES DISTRICT)
WHEREAS, on September 16, 2003, this Council adopted a resolution entitled "A
Resolution of Intention to Establish a Community Facilities District" (the "Resolution of
Intention "), stating its intention to form Community Facilities District No 03 -1 of the City of
Alameda (Bayport Municipal Services District) (the "CFD ") pursuant to the City of Alameda
Special Tax Financing Improvement Code, commencing with Subsection 3 -70.1 of the Alameda
Municipal Code (the "Act ");
WHEREAS, the Resolution of Intention, incorporating a map of the proposed boundaries
of the CFD and stating the municipal services to be provided, the cost of providing such municipal
services, and the rate and method of apportionment of the special tax to be levied within the CFD
to pay the costs of providing such municipal services, is on file with the City Clerk and the
provisions thereof are incorporated herein by this reference as if fully set forth herein;
WHEREAS, the municipal services stated in the Resolution of Intention are as set forth in
Exhibit A attached hereto and hereby made a part hereof;
WHEREAS, the rate and method of apportionment of the special tax to be levied within
the CFD, as described in the Resolution of Intention, are proposed to be modified as described in
Exhibit B hereto;
WHEREAS, on this date, this Council held a noticed public hearing as required by the Act
and the Resolution of Intention relative to the proposed formation of the CFD;
WHEREAS, at the hearing all interested persons desiring to be heard on all matters
pertaining to the formation of the CFD, the municipal services to be provided therein and the levy
of such special tax were heard and a full and fair hearing was held;
WHEREAS, at the hearing evidence was presented to this Council on the matters before it,
including a report caused to be prepared (the "Report") as to the municipal services to be provided
through the CFD and the costs thereof, a copy of which is on file with the City Clerk, and this
Council at the conclusion of said hearing is fully advised in the premises;
WHEREAS, written protests with respect to the formation of the CFD, the providing of
specified types of municipal services and the rate and method of apportionment of the special
taxes, as proposed to be modified, have not been filed with the City Clerk by fifty percent (50 %)
or more of the registered voters residing within the territory of the CFD or property owners of
one -half (1/2) or more of the area of land within the CFD and not exempt from the proposed
special tax;
WHEREAS, the special tax proposed to be levied in the CFD to pay for the proposed
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municipal services to be provided therein, as set forth in Exhibit B hereto, has not been eliminated
by protest by fifty percent (50 %) or more of the registered voters residing within the territory of
the CFD or the owners of one -half (1/2) or more of the area of land within the CFD and not
exempt from the special tax.
that:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda
1.
Recitals Correct. The foregoing recitals are true and correct.
2. No Majority Protest. The proposed special tax to be levied within the CFD has
not been precluded by majority protest pursuant to subsection 3 -70.30 of the Act.
3. Prior Proceedings Valid. All prior proceedings taken by this City Council ' in
connection with the establishment of the CFD and the levy of the special tax have been duly
considered and are hereby found and determined to be valid and in conformity with the Act.
4. Name of CFD. The community facilities district designated "Community Facilities
District No. 03 -1 of the City of Alameda (Bayport Municipal Services District)" is hereby
established pursuant to the Act.
5. Boundaries of CM. The boundaries of the CFD, as set forth in the map of the
CFD heretofore recorded in the Alameda County Recorder's Office on October 6, 2003 in Book
15 at Pages 82 to 86 of Maps of Assessment and Community Facilities Districts, are hereby
approved, are incorporated herein by reference and shall be the boundaries of the CFD.
6. Description of Services. The type of municipal services proposed to be financed
by the CFD and pursuant to the Act shall consist of those items listed as services in Exhibit A
hereto and by this reference incorporated herein (the "Services ").
a. Except to the extent that funds are otherwise available to the CFD to pay for
the Services or unless, in the discretion of the City Council, a special tax is no longer
necessary to pay for the Services, a special tax (the "Special Tax ") sufficient to pay the
costs thereof, secured by the recordation of a continuing lien against all non - exempt real
property m the CFD, is intended to be levied annually within the CFD, and collected in the
same manner as ordinary ad valorem property taxes or in such other manner as may be
prescribed by resolution of this Council.
b. The proposed rate and method of apportionment of the Special Tax among
the parcels of real property within the CFD, as modified, in sufficient detail to allow each
landowner within the proposed CFD to estimate the maximum amount such owner will
have to pay, are shown in Exhibit B attached hereto and hereby incorporated herein.
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c. In the case of any Special Tax to pay for the Services and to be levied
against any parcel used for private residential purposes: (i) the maximum special tax shall
be specified as a dollar amount which shall be calculated and thereby established not later
than the date on which the parcel is first subject to the tax because of its use for private
residential purposes and which amount shall not be increased over time over two percent
per year; (ii) the tax year after which no further Special Tax subject to this sentence shall
be levied or collected shall be as set forth in Exhibit B hereto; and (iii) under no
circumstances will the Special Tax levied against any parcel subject to this sentence be
increased as a consequence of delinquency or default by the owner of any other parcel
within the CFD by more than ten percent. For the purposes hereof, a parcel is used for
"private residential purposes" not later than the date on which an occupancy permit for
private residential use is issued.
8. Increased Demands. It is hereby found and determined that the Services are
necessary to meet increased demands placed upon local agencies as the result of development
occurring in the CFD.
9. Responsible Official. The Finance Director of the City of Alameda, City Hall,
2263 Santa Clara Avenue, Alameda, California 94501, telephone number (510) 748 -4546 is the
officer of the City who will be responsible for preparing annually a current roll of special tax levy
obligations by assessor's parcel number and who will be responsible for estimating future special
tax levies pursuant to the Act.
10. Tax Lien. Upon recordation of a notice of special tax lien under Section 3114.5 of
the Streets and Highways Code of California, a continuing lien to secure each levy of the special
tax shall attach to all nonexempt real property in the CFD and this lien shall continue in force and
effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled
under the Act or until collection of the special tax by the City ceases.
11. Appropriations Limited. Under the Act, the annual appropriations ' limit, as
defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the
CFD is hereby preliminarily established at $10,000,000 and the appropriations limit ` shall be
submitted to the voters of the CFD as hereafter provided. The proposition establishing the annual
appropriations limit shall become effective if approved by ; the qualified electors voting thereon
and shall be adjusted in accordance with the applicable provisions of the Act.
12. Election. Pursuant to the provisions of the Act, 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 CFD at an election the time, place and conditions
of which election shall be as specified by a separate resolution of this Council.
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APPENDIX A
DESCRIPTION OF SERVICES
Maintenance means the furnishing of services and materials for the ordinary and usual maintenance,
operation and servicing of the improvements, including, repair, removal or replacement of all or part
of any of the improvements This includes the furnishing of water for the irrigation and the furnishing
of electric current or energy, for any lights, irrigation facilities, supplies or appurtenant facilities
necessary for the proper operation and maintenance of the improvements and services identified
below.
Initial Services to be provided by the District
Police Services
• Maintenance of the following publicly owned streets including: pavement resurfacing, special
paving, concrete curbs and gutters, street signs, pavement striping, traffic signals, street lights,
street tree pruning and replacement, landscaping and irrigation system, and bus shelters.
o Portion of Atlantic Avenue (Fifth Street to Main Street)
o Fifth Street (Atlantic to Neptune Gardens Avenue)
o Mosley Avenue (Atlantic to Jack London Avenue)
o Coral Sea Street (Atlantic to Neptune Gardens Avenue)
o Jack London Avenue (Coral Sea Street to Mosely Avenue)
o Neptune Gardens (Coral Sea to Fifth Street)
• Maintenance of the paved
park.
• Maintenance of the interim storm drain' detention basin.
alkways providing access from Bayport to the 'Main Street linear
Anticipated Future Services to be added.
• Maintenance of the following publicly owned streets including: pavement resurfacing, special
paving, concrete curbs and gutters, street signs, pavement striping, traffic signals, street lights,
street tree pruning and replacement, landscaping and irrigation system, and bus shelters.
o A portion of Future Tinker, Avenue (From Fifth to Main Street)
o Fifth Street (Neptune Gardens to Future Tinker Avenue)
o Mosley Avenue (Jack London to Future Tinker Avenue)
o Coral Sea Street (Neptune Gardens to Future Tinker Avenue)
• Maintenance of the sanitary sewer pump station and force main near Main Street and Future
Tinker Avenue.
• Maintenance of the four -acre city park.
• Maintenance of the permanent outfall structure.
• Maintenance of the stormwater treatment facilities.
Note: All sidewalks within public and private streets, including those abutting on the project side of
Atlantic, Tinker and Fifth Streets will be maintained by the Home Owners Association per the
Covenants Conditions and Restrictions.
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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 Housing Authority Board of Commissioners meeting
assembled on the 4' day of November, 2003, by the following vote to wit:
AYES: Councilmembers Daysog, Gilmore, Kerr, and Mayor Johnson - 4.
NOES: None.
ABSENT: Councilme
ABSTENTIONS: None.
ber Mat
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official se
5th day of November, 2003.
of said City this
Lara Weisiger, City C
City of Alameda
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