Ordinance 3125CITY OF ALAMEDA ORDINANCE NO. 3125
New Series
AMENDING AND RESTATING ORDINANCE LEVYING SPECIAL
TAXES WITHIN THE CITY OF ALAMEDA COMMUNITY FACILITIES
DISTRICT NO. 13 -1 (Alameda Landing Public Improvements)
WHEREAS, on December 3, 2013, 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 Landing Public
Improvements" (the "Resolution of Intention "), stating its intention to establish the City of
Alameda Community Facilities District No. 13 -1 (Alameda Landing Public Improvements)
(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 public improvements; and
WHEREAS, notice was published as required by the Law of the public hearing to
occur on January 7, 2014, 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 Facilities; and
WHEREAS, the public hearing was held on January 7, 2014, and 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 "Of Formation of the City of Alameda Community Facilities District
No. 13 -1 (Alameda Landing Public Improvements), 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 "), "Determining the
Necessity to Incur Bonded Indebtedness Within the City of Alameda Community Facilities
District No. 13 -1 (Alameda Landing Public Improvements) and Submitting Proposition to
the Qualified Electors of the District" and "Calling Special Election Within the City of
Alameda Community Facilities District No. 13 -1 (Alameda Landing Public
Improvements)," 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 incurring indebtedness of, levying a special tax on property in, and establishing an
appropriation limit for the District; and
WHEREAS, on January 7, 2014 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; and
WHEREAS, on January 21, 2014, this City Council enacted Ordinance No. 3084
New Series (the "Original Ordinance ") levying the special taxes on property in the District;
and
WHEREAS, pursuant to a Resolution of Consideration to Alter the Facilities to be
Financed by and the Rate and Method of Apportionment of Special Taxes for, and the
Bonded Indebtedness Limit of, Community Facilities District No. 13 -1 (Alameda Landing
Public Improvements) adopted by this City Council on April 7, 2015, this City Council
conducted proceedings (the "Alteration Proceedings ") under the Law to alter the facilities
eligible to be financed by and the rate and method of apportionment of special tax for,
and to increase the bonded indebtedness limit of, the District; and
WHEREAS, this City Council now desires to amend and restate the Original
Ordinance to take into account the Alteration Proceedings and any possible future
alteration of the rate and method of apportionment of special tax for the District.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Alameda
that:
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 rates and in accordance with
the rate and method of apportionment of special taxes for the District approved by the
Resolution of Formation, as modified by the Alteration Proceedings and as it may
subsequently be amended, modified or restated in accordance with proceedings
conducted under the Law. The special taxes are hereby levied commencing in the current
fiscal year and in each fiscal year thereafter until payment in full of any bonds issued by
the City for the District as contemplated by the Resolution of Formation and the Resolution
of Necessity, and payment in full all costs of administering the District.
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 rate and method of
apportionment of special taxes for the District, as in effect on the date of adoption of this
Ordinance, and as it may be amended, modified or restated in the future in accordance
with proceedings conducted under the Law.
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 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.
4. All of the collections of the special tax for the District shall be used as provided
for in the Law, in the Resolution of Formation and otherwise pursuant to the Alteration
Proceedings, including the payment directly of the costs of Facilities authorized to be
funded by the District, the payment of principal and interest on the bonds issued for the
District, the replenishment of the reserves for any such bonds, 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.
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 (including but not limited to the special tax levy for the
current fiscal year) 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.
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.
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.
8. This Ordinance amends and restates the Original Ordinance in full, and on the
effective date of this Ordinance the Original Ordinance shall no longer be in effect.
9. This Ordinance shall be in full force and effect from and after expiration of 30
days from the date of its final passage.
Attest:
Lara Weisiger, City lerk
Presiding Officer of the Council
1, 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 5th day of May, 2015, by the following vote to wit:
AYES: Councilmembers Daysog, Ezzy Ashcraft, Matarrese, Oddie
and Mayor Spencer — 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 6th day of May, 2015.
Lara Weisiger,V Clerk
City of Alamed
APPROVED AS TO FORM
Jane ?.Ke�rn, City
City of Alameda