Alameda Municipal Code Div. IV Annexation of Territory

The City Council may annex territory to an existing community facilities district as provided in this Division IV. The annexed territory need not be contiguous to territory included in the existing community facilities district.

(Ord. No. 2498 N.S. § 3-1641)

If the City Council determines that public convenience and necessity require that territory be added to an existing community facilities district, or if one or more of the voters residing within certain territory or landowners request the City Council to include territory within the district, the City Council may adopt a resolution of intention to annex the territory.

(Ord. No. 2498 N.S. § 3-1642)

The resolution of intention to annex the territory shall do all of the following:

a. State the name of the existing community facilities district.

b. Generally describe the territory included in the existing district and the territory proposed to be annexed.

c. Specify the types of facilities and/or services provided pursuant to this Code in the existing district and the types of facilities and/or services to be provided in the territory proposed to be annexed; and include a plan for sharing facilities and providing services that will be provided in common within the existing district and the territory proposed to be annexed.

d. Specify any special taxes which would be levied within the territory proposed to be annexed to pay for facilities and/or services provided pursuant to this Code within that territory. A special tax proposed to pay for services to be supplied within the territory proposed to be annexed shall be equal to any special tax levied to pay for the same services in the existing district, except that a higher or lower tax may be levied within the territory proposed to be annexed to the extent that the actual cost of providing the services in that territory is higher or lower than the cost of providing those services in the existing district. A special tax proposed to pay for facilities financed with bonds secured by the existing community facilities district shall be the same as the tax levied in the existing district for that purpose, except that a higher special tax may be levied for that purpose within the territory proposed to be annexed to compensate for the interest and principal previously paid by the existing community facilities district, less any depreciation allocable to the facility as determined by the City Council in its sole discretion.

e. Specify any alteration in the special tax rate levied within the existing community facilities district as a result of the proposed annexation. The maximum tax rate in the existing community facilities district may not be increased as a result of proceedings pursuant to this Division IV.

f. Fix a time and place for a hearing upon the resolution which shall not be less than ten (10) nor more than sixty (60) days after the adoption by the City Council of the resolution of intention to annex territory pursuant to subsection 3-70.59.

(Ord. No. 2498 N.S. § 3-1643)

The City Clerk shall give notice of the hearing in the same manner and within the same time as provided for the giving of notice of a hearing on a resolution of intention to establish a community facilities district, as required by subsection 3-70.59.

The notice shall do all of the following:

a. Contain the text of the resolution adopted pursuant to subsection 3-70.59.

b. State the time and place for the hearing.

c. State that at the hearing the testimony of all interested persons for or against the annexation of territory to the community facilities district or the levying of special taxes within the territory proposed to be annexed will be heard.

(Ord. No. 2498 N.S. § 3-1644)

At the hearing, protests against the proposals described in the resolution of intention may be made orally by any interested person. Any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularities or defects to which objection is made. All written protests shall be filed with the City Clerk prior to the time fixed for the hearing. The City Council may waive any irregularities in the form or content of any written protest and at the hearing may correct minor defects in the proceedings. Written protests may be withdrawn in writing at any time before the conclusion of the hearing.

(Ord. No. 2498 N.S. § 3-1645)

If fifty (50%) percent or more of the registered voters, or six (6) registered voters, whichever is more, residing within the existing community facilities district, or if fifty (50%) percent or more of the registered voters or six (6) registered voters, whichever is more, residing within the territory proposed for annexation, or if the owners of one-half (½) or more of the area of land in the territory proposed to be annexed, file written protests against the proposed addition of territory to the existing community facilities district, and protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be undertaken for a period of six (6) months from the date of decision of the City Council on the issues discussed at the hearing.

(Ord. No. 2498 N.S. § 3-1646)

The hearing may be continued from time to time, but shall be completed within six (6) months. At the conclusion of the hearing, the legislative body may abandon the proceedings or may, after passing upon all protests, submit the question of levying a special tax within the area proposed to be annexed to the existing community facilities district to the qualified electors of the area proposed to be annexed, in the manner specified for elections in Division II.

(Ord. No. 2498 N.S. § 3-1647)

After the canvass of returns of any election conducted in accordance with subsection 3-70.63, the City Council shall determine that the area proposed to be annexed is added to and part of the existing community facilities district with full legal effect, and the City Council may levy any special tax within the annexed territory, as specified in the resolution of intention to annex adopted pursuant to subsection 3-70.58, if two-thirds (⅔) of the votes cast on the proposition are in favor of levying the special tax.

(Ord. No. 2498 N.S. § 3-1648)

After the canvass of returns of any election conducted in accordance with subsection 3-70.63, the City Council shall take no further action on annexing the territory proposed to be annexed to the community facilities district for a period of six (6) months from the date of the election if less than two-thirds (⅔) of the votes cast on the proposition are in favor of levying the special tax.

(Ord. No. 2498 N.S. § 3-1649)

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 3-70.25a 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 3-70.59c 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 3-70.25e. Notice of the public hearing described in subsection 3-70.27 shall serve as the notice of the public hearing required by this subsection 3.70.66d, and shall include the statement described in subsection 3-70.60c.

e. The provisions of subsection 3-70.62 shall apply to the public hearing described in subsection 3-70.66d, 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 3.70.66d 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 XIIIA 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 subsection 3-70.66c).

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 3-70.59d and any applicable tax zone, all as described in subsection 3-70.66c, 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.

(Ord. No. 3172 N.S., § 1, 12-21-2016)