INTRODUCED BY COUNcn MEMBER

ORDINANCE NO
2003
JON 26 PH
2 26
CMS
ORDINANCE OFTHE CITY
COUNCll OFTHE CITY
OFOAKLAND
LEVYINGASPECIALTAXFORTHE
FISCALYEAR2003 2004AND
FOLLOWINGFISCALYEARS
SOLELYWITHINANDRELATINGTO
COMMUNITYF ACll ITIES DISTRICTNO
2003 1
WERNER
COURT
VEGETATIONMANAGEMENT
WHEREAS at the time set forthe
publichearing
in
the matterof
Community
Facilities
District No 2003 1 Werner
Court
Vegetation Management
CFD
No 2003 1
by
its
ResolutionofIntention
the
City
Council the
Council conducted the
public hearing
as
scheduled and attheclose ofthe
publichearing
the Council determined
that a
majority protest
under
Section53324ofthe Gove entCode
wasnotmade atthe
hearing
and
WHEREAS
at
the conclusion
ofthe
publichearing
the Council
adopted
its Resolution
ofFormation
pursuant
toSection
53325 1 ofthe Goveent Code
thereby
completing
its
proceedings
forformation
ofCFDNo 2003 1 and
WHEREAS in order
to
proceed
with
1
the
authorized
maintenance
services
2
the
levy
ofthe authorized
special
taxand 3
establishment
ofthe
appropriations
limitationforCFD
No2003
1 as
providedby
theResolutionof
Formation thethree
matterswere submittedtoan
electionofthe
qualified
electors ofCFD No
2003 1 andinsaid
special
electionall
votes
were
castas Yes votesinfavoroftheballot
measure
and the Clerk
having
certified
on
saidbasis
thatthe ballot
measure
has
passed
Nowtherefore
1
ORAlCQUNCn
JUL
I
0 2003
FINANCE
MA E
CMT
JULn
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
OAKLAND
1 Pursuant
to
Government Code Sections
53328 and 53340 and inaccordance
with the Rate and Method of
Apportionment
of
Special
Tax the Rate and Method of
Apportionment
as
set forth inExhibit A
to
that certainresolution
ofthe
City
Council the
Council entitled Resolution ofFormation of
Community
Facilities
District No 2003 1
Werner Court
Vegetation
Management adopted by
the Council
on
July
15 2003 the
Resolution
a
special
tax
is
hereby
levied
onall taxable
property
within
Community
Facilities
DistrictNo 2003 1
Werner
Court
Vegetation
Management
CFD No 2003 1 forthe2003
2004fiscal
year
and forall
subsequent
fiscal
years
in
the amount tobeestablished
annually
in
accordance
with the Rate and Method of
Apportionment
subject
tothe maximumauthorized
special
taxlimit
2 TheDirector of
the Financial Services
Agency
the Finance Director
ofthe
City
ofOakland the
City
isauthorized
and directed withthe aidofthe
appropriate
officers
and
agents
of
the
City
but withoutfurther actionofthe
Council todetermine the
Special
Tax
Requirement
andthe
Special
Tax
for
each
parcel
ofTaxable
Property
within
CFDNo 2003 1
as
said
terms are defined inthe Rate and Method of
Apportionment
to
prepare
or cause tobe
prepared
the
annual
Special
Taxroll inthe
amount
of
the
Special
Taxinaccordance with the
Rate and Methodof
Apportionment
and without further actionof
the Council to
provide
all
necessary
and
appropriate
information
tothe Alameda
County
Auditor
Controllerin
proper
form
andin
proper
time
necessary
toeffectthe
correct
and
timely
billing
andcollectionofthe
Special
Tax
on
the secured
property
taxrollofthe
County
ofAlameda
the
County
provided
tha
as
provided
inthe
ResolutionandGovernment Code
Section53340 thisCouncil
reservesthe
right
to
utilize
any
methodof
collecting
the
Special
Taxwhichit shall fromtime
totime determineto
beinthe
best interests ofthe
City including
but not limitedtodirect
billing by
the
City
tothe
property
owners
and
supplemental billing
3
The
appropriate
officers and
agents
of the
City
are
authorized to make
adjustments
tothe
Special
Taxroll
prior
tothe final
posting
ofthe
Special
Taxestothe secured
property
taxroll ofthe
County
eachfiscal
year
as
may
be
necessary
toachieve acorrect match
ofthe
Special
Tax
levy
with the
assessors
parcel
numbers
finally
utilized
by
the
County
in
sending
out
property
taxbills
4 Iffor
any
cause
anyportion
ofthisordinance isfoundtobeinvalid
or
ifthe
Special
Taxisfound
inapplicable
to
any particular parcelby
acourtof
competent jurisdiction
the balance ofthis ordinance and the
application
ofthe
Special
Taxtothe
remaining parcels
shall notbeaffected
5
This
ordinance
shall
take effectandbeinforce
immediately uponadoption
as
a
tax
measure
IN COUNCIL OAKLAND CALIFORNIA
PASSED BYTHE FOllOWINGVOTE
20
AYES BROOKS BRUNNER CHANGNADEL
QUAN REID WAN AND PRESIDENT DE LAFUENTE
NOES
1
ORA
COUNcn
JUl
I
D
2003
FINANC
EMENT
eMTE
J
603
ABSENT
ABSTENTION
ATTEST
CEDAFLOYD
City
ClerkandClerk
oftheCouncil
ofthe
City
ofOakland Califomia
NoticeandDigest
P7
ORDINANCE OFTHE CITYCOUNCIL
OF
THE
CITYOFOAKLAND
LEVYINGASPECIALTAX
FORTHE FISCALYEAR2003 2004
AND
FOLLOWINGFISCALYEARS SOLELYWITHINAND
RELATINGTO
COMMUNITYFACILITIES
DISTRICTNO 2003 1
WERNERCOURT
VEGETATION
MANAGEMENT
Thisordinance establishesthe
legalauthority
forthe
City
of
Oakland
acting
through
the Director ofthe Financial
Services
Agency
to
annually
levy
the
special
taxofthis
community
facilitiesdistrict
upon
the 21
singlefamily parcels
which
comprise
thedistrict For
tax
year
2003 04 the
special
taxwill beset
by
the
City
Council andthisamount willbeindexed
to
permit
anincrease
each
year
thereafter
by
the increaseinthe
specified
consumer
price
index
the cprofthe
San
FranciscoOaklandSanJoseareaforallurban
consumers
7
ORAlCOUNC
JUL 1
6
2D03
FINANCE
JUL
DOCSSFl
687217 1
41737 11 SS4