A. This Chapter provides an alternative method of financing certain public and private capital facilities and municipal services.

B. Section 4 of Article XIIIA of the California Constitution (Proposition 13) allows two-thirds of the qualified electors of the City to impose a special tax within the City, provided the special tax is not an ad valorem tax on real property or a transaction tax or a sales tax on the sale of real property within the City. The tax imposed by this chapter is a special tax which is authorized for elector approval by Section 4 of Article XIIIA of the California Constitution.

C. The City of Berkeley (the "City") is a municipal corporation and chartered city duly organized and existing under a charter pursuant to which the City has the right and power to make and enforce all laws and regulations in respect to municipal affairs and certain other matters in accordance with and as more particularly provided in Sections 3, 5 and 7 of Article XI of the Constitution of the State of California and Section 115 of the Charter of the City (the "Charter"); and

D. The City Council of the City acting under and pursuant to the powers reserved to the City under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California and Section 115 of the Charter, finds that the public interest and necessity require the establishment by this Chapter of a law for financing certain public and private capital facilities and services. (Ord. 7034-NS § 1, 2008)