Albany Municipal Code § 4-9 Community Facilities District No. 1 Special Tax

[Ord. #01-02]

On February 23, 2001, this City Council (the "Council") of the City of Albany (the "City"), adopted a resolution entitled "A Resolution of the Albany City Council of Intention to Establish a Community Facilities District" stating its intention to establish Community Facilities District No. 1 of the City (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, sections 53311, et seq., of the California Government Code (the "Act"), to finance the acquisition of certain facilities (the "Facilities") and services (the "Services").

Notice was published as required by the Act relative to the intention of the Council to form the CFD and to provide for the Facilities and Services.

The Council has held a noticed public hearing as required by 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 Facilities and Services.

At said hearing all persons desiring to be heard on all matters pertaining to the formation of the CFD and the levy of said special taxes were heard, substantial evidence was presented and considered by this Council and a full and fair hearing was held.

Subsequent to the hearing, this City Council adopted resolutions entitled "A Resolution of the Albany City Council of Formation of Community Facilities District" (the "Resolution of Formation"), "A Resolution of the Albany City Council Determining the Necessity to Incur Bonded Indebtedness" (the "Resolution Determining Necessity") and "A Resolution of the Albany City Council Calling Special Election," which resolutions established the CFD, authorized the levy of a special tax with the CFD, determined the necessity to incur bonded indebtedness in the CFD and called an election within the CFD on the propositions of incurring indebtedness, levying a special tax, and establishing an appropriations limit within the CFD, respectively; and

On April 2, 2001, a special election was held within the CFD at which the eligible landowner-electors approved such propositions by the two-thirds vote required by the Act.

[Ord. #01-02, § 1]

By the passage of this section the Council hereby authorizes and levies special taxes within the CFD pursuant to the Act, at the rate and in accordance with the formula set forth in the Resolution of Formation which Resolution is by this reference incorporated herein. The special taxes are hereby levied commencing in fiscal year 2003-2004 and in each fiscal year thereafter, as contemplated by the Resolution of Formation and the Resolution Determining Necessity.

[Ord. #01-02, § 2]

The City Administrator 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 property within the CFD, in the manner and as provided in the Resolution of Formation.

[Ord. #01-02, § 3]

Properties or entities of the State, Federal or local governments shall be exempt from any levy of the special taxes as provided in the Resolution of Formation. In 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.

[Ord. #01-02, § 4]

All of the collections of the special tax shall be used as provided for in the Act and in the Resolution of Formation including, but not limited to, the payment of principal and interest on any bonds issued by the City for the CFD (the "Bonds"), the replenishment of the reserve fund for the Bonds, the payment of the costs of the City in administering the CFD, and the costs of collecting and administering the special tax.

[Ord. #01-02, § 5]

The special taxes shall be collected either by direct billing of the property owner(s) or in the same manner 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 resolutions of the Council. In addition, the provisions of Section 53356.1 of the Act shall apply to delinquent special tax payments. The City Administrator 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 billing and collection of the special tax, so that the special tax shall be included on the secured property tax roll of the County of Santa Clara for fiscal year 2003-2004 and for each fiscal year thereafter.

[Ord. #01-02, § 6]

If for any reason any portion of this section is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the CFD, by a court of competent jurisdiction, the balance of this section and the application of the special tax to the remaining parcels within the CFD shall not be affected.