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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