Ordinance 3172CITY OF ALAMEDA ORDINANCE NO. 3172
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING
DIVISION IV (ANNEXATION OF TERRITORY) OF SECTION 3-70
(SPECIAL TAX FINANCING IMPROVEMENT CODE), OF DIVISION I
(GENERAL PROVISIONS), OF ARTICLE IV (SPECIAL TAX
FINANCING), OF CHAPTER III (FINANCE AND TAXATION)
BE IT ORDAINED by the City Council of the City of Alameda that:
Section 1. Division IV (Annexation of Territory) of Section 3-70 (Special Tax
Financing Improvement Code) of Division I (General Provisions) of Article IV (Special Tax
Financing) of Chapter III (Finance and Taxation) is hereby amended by adding thereto a
new Subsection 3.70-66 to read as follows:
3.70-66 — Alternative Procedures for Annexation of Territory.
As a complete alternative to the procedures for annexation of territory to a
community facilities district set forth in subsections 3-70.58 through 3-70.64, the
City Council may provide for the future annexation of territory to a community
facilities district, during the proceedings to form a community facilities district, by
means of the following procedures:
a. The resolution of intention to establish the community facilities district
described in subsection 3-70.25 shall include a determination by the City
Council that territory be added to the community facilities district in the future,
upon compliance with the procedures set forth in this subsection 3.70-66.
b. The map of the boundaries of the proposed community facilities district
described in subsection 3-70.25 a. shall include an area designated as a "future
annexation area."
c. The resolution of intention to establish the community facilities district otherwise
described in subsection 3-70.25 shall include the matters described in
subsection 3-70.59 c. and d. as applicable to the future annexation area
delineated on the map of the boundaries of the proposed community facilities
district. The City Council may specify one or more tax zones applicable to the
area to be annexed in the rate and method of apportionment of special taxes
for the proposed community facilities district, including tax zones with special
tax rates to be determined in connection with the approval by the property
owner(s) for the annexation described in subsection 3.70-66 f.
d. The resolution of intention to establish the community facilities district otherwise
described in subsection 3-70.25 shall provide for a public hearing regarding the
future annexation of territory to the community facilities district, which shall be
combined with the public hearing described in subsection 3-70.25 e. Notice of
the public hearing described in subsection 3 -70.27 shall serve as the notice of
the public hearing required by this subsection 3.70.66 d., and shall include the
statement described in subsection 3 -70.60 c.
e. The provisions of subsection 3 -70.62 shall apply to the public hearing described
in subsection 3 -70.66 d., except that the term "existing community facilities
district" shall instead refer to the "proposed community facilities district
(exclusive of the future annexation area)," and the provisions of the first
sentence of subsection 3 -70.63 shall apply to the public hearing.
f. Following the public hearing described in subsection 3.70.66 d. and e., and if
there is no protest of the nature described in subsection 3- 70.62, following the
formation of the related community facilities district pursuant to Division II all or
any portion of the property in the future annexation area identified on the map
of the community facilities district may from time to time be annexed to the
community facilities district upon the unanimous approval of the owner or
owners of each parcel or parcels in the future annexation area then to be
annexed, without additional hearings. The unanimous approval shall constitute
a vote (for purposes of Article XI IIA of the California Constitution) in favor of the
annexation, and shall designate any tax zone, if applicable, into which the
property is to be included for purposes of the rate and method of apportionment
of special taxes for the community facilities district (as may be applicable
pursuant to Section 3 -70.66 c.).
g. After receipt of the unanimous approval of the owner or owners of a parcel or
parcels to be annexed to a community facilities district as described in
subsection 3.70-66f., the City Council may levy the special tax within the
annexed territory pursuant to the rate and method of apportionment of special
taxes for the community facilities district to which the property was annexed, as
it may have been altered as provided in subsection 3 -70.59 d. and any
applicable tax zone, all as described in subsection 3 -70.66 c., and the City shall
record or cause to be recorded an amendment to the notice of special tax lien
for the community facilities district described in subsection 3- 70.41, as specified
in Section 3117.5 of the California Streets and Highways Code.
Section 2. The validity of this Ordinance shall not be contested in any action or
proceeding unless such action or proceeding shall have been brought within thirty (30)
days from the date of the adoption by the City Council of this Ordinance. Unless an action
or proceeding is commenced within said period, this Ordinance shall be held valid and in
every respect legal and incontestable.
Section 3. This Ordinance shall be effective and be in full force and effect from
and after the date which is thirty (30) days after the date of its final passage.
Section 4. 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.
Attest:
Lara Weisiger, City 6lerk
City of Alameda
Presiding Officer of the City Council
1, the undersigned, hereby certify that the foregoing Ordinance was duly and
regularly adopted by the Council of the City of Alameda in a regular meeting assembled
on the 201h day of December, 2016, by the following vote to wit:
AYES: Councilmembers Ezzy Ashcraft, Matarrese, Oddie, Vella 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 the City of Alameda this 21 s' day of December, 2016.
Lara Weisiger, Citolerk
City of Alameda
Approved as to Form:
e
JanEo, Kern, City Attorney
City of Alameda