Ordinance 2861CITY OF ALAMEDA ORDINANCE NO. 2861
New Series
LEVYING SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT
NO.4 (DEMOLITION AND BACKBONE INFRASTRUCTURE - FISC AND
EAST HOUSING SITES)
WHEREAS, on June 19, 2001, this City Council adopted a Resolution Declaring
Intention to Establish a Community Facilities Dish'ict and to Authorize the Levy of Special
Taxes (the "Resolution of Intention ) stating its intention to establish City of Alameda
Community Facilties District No.4 (Demolition and Backbone Infrash'ucture - 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 II (Finance and Taxation) of the Alameda
Municipal Code (the "Code ), to finance all or a portion of the costs of certain demolition and
backbone infrastructure (the "Demolition and Backbone Infrash'ucture ); and
WHEREAS, notice was published as required by the Code relative to the
intention of this City Council to form the Dish'ict and to finance the Demolition and Backbone
Infrastructure; and
WHEREAS, on July 17, 2001 , this City Council opened a noticed public hearing
as required by Code relative to the determiation to proceed with the formation of the District
and the rate and method of apportionment of the special tax to be levied within the District to
finance the Demolition and Backbone Inrastructure and continued the hearing to August 21
2001; and
WHEREAS, the contiued public hearing was held on August 21, 2001 , and at
the hearing all persons desiring to be heard on all matters pertainig to the formation of the
District and the levy of said special taxes 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 public hearing, this City Council adopted
resolutions (i) Formig 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 Prelimiarily Establishing an Appropriations Limit for the Dish'ict
(the "Resolution of Formation ), (ii) Determiing the Necessity to Incur Bonded Indebtedness
Within City of Alameda Community Facilities District No.4 (Demolition and Backbone
Infrastructure - FISC and East Housing Sites) and (iii) Calling Special Election, which
resolutions established the Dish'ict and authorized the levy of a special tax with the District,
determined the necessity to issue bonds for the District, and called an election within the
District on the proposition of incurring indebtedness , levying a special tax , and establishing an
appropriations limit within the Dish'ict, respectively; and
WHEREAS , an election was held within the Dish'ict in which the eligible
landowner electors approved said propositions by more than the two-thirds vote required by
the Code.
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 Dish'ict pursuant to Code Sections 3-70.40 and 3-70., at the
rate and in accordance with the method of apportionment set forth in Exhibit B to the
Resolution of Intention or as it may be altered from time to time hereafter in accordance with
the provisions of the Code (the "Rate and Method of Apportionment"). The special taxes are
hereby levied commencing in fiscal year 2001-2002 and in each fiscal year thereafter until
payment in full of any bonds of the City issued for the District (the "Bonds ) and all costs of
administering the District.
Section 2 . The Director of Finance of the City is hereby authorized and directed
each fiscal year to determie the specific special tax rate and amount to be levied for the next
ensuing fiscal year for each parcel of real property within the District, in the manner and as
provided in the Rate and Method of Apportionment.
Section 3 . 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.
Section 4 . All of the collections of the special tax shall be used as provided for in
the Code, the Rate and Method of Apportionment, and in the Resolution of Formation
including, but not limited to, the payment of principal and interest on the Bonds, the
replenishment of the reserve fund for the Bonds, the payment of the costs of the City in
admistering the Dish'ict and the costs of collectig and admistering the special tax.
Section 5 . The special taxes shall be collected from time to time as necessary
meet the financial obligations of the District by means of direct biling by the City of the
property owners within the District. The special taxes shall become delinquent if not paid
when due as set forth in any such respective biling to the property owners. 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 Code shall apply to delinquent special tax payments. The City Director
of Finance is hereby authorized and directed to take all actions necessary in order to effect
proper biling 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 Dish'ict in each fiscal year until the Bonds are paid in full and provision has been made for
payment of all of the administrative costs of the Dish'ict.
Notwithstanding the foregoing, the Director of Finance of the City may collect
one or more installments of the special taxes on the secured real property tax roll in the same
manner as ordinary ad valorem taxes are collected, if, in the judgment of the Director of Finance,
such means of collection wil reduce the admistrative burden on the City in administering the
District or is otherwise appropriate in the circumstances,
Section 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 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 7 , The City Clerk shall certify to the adoption of this Ordinance and shall
cause the same to be published in the manner prescribed by law.
Section 8.This ordinance shall be in full force and effect from and after the
expiration of thirty (30) days from the date of its final passage.
Attest:
, 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 September, 200l by the following vote to wit:
AYES:Councilmembers Daysog, DeWitt , Johnson , Kerr and
Mayor Appezzato - 5,
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
IN WITNSS , WHEREOF , I have hereunto set my hand and affxed the offcial seal of said City this
5th day of September , 200 l.
. .
kOlfA LJQt \r'
Lara Weisiger , Acting & Clerk
City of Alameda