Ordinance 2934CITY OF ALAMEDA ORDINANCE NO. 2934
New Series
AMENDING THE ALAMEDAMUICIP AL CODE BY AMENDING
SUBSECTION 3-28.9 (PAYMENT IN-LIEU OF TAXES - (PILOT);ADDING A NEW SUBSECTION 3-28.10 (RETUR ON
INESTMENT IN ENTERPRISE FUNS) OF SECTION 3-
(PAYMENT OF TAXES) OF CHAPTER III (FINANCE
TAXATION) AND ADDING A NEW SUBSECTION 18-
(EXEMPTIONS). OF SECTION 18-4 (SEWER SERVICE CHARGE) OF
ARTICLE 1 (SEWERS) OF CHATER XVIII (SEWER AN WATER)
BE IT ORDAIND by the Council of the City of Alameda that:
Section 1 . The Alameda Municipal Code is hereby amended by amending
Subsection 3-28.9 (Payment In-Lieu of Taxes - PILOT) of Section 3-28 (Payment of
Taxes) of Chapter III (Finance and Taxation) to read as follows:
28.Payment In-Lieu of Taxes (PILOT).
City Enterprise Funds .shall annually pay one (1 %) percent of fixed assets
in lieu of taxes. The basis for the tax shall be the value affixed assets at June 30th of the
preceding year for the sewer fud and , for all other enterprise fuds , the value of fixed
assets as of June 30 , 1993 adjusted annually for inflation since that date in the amount of
the lesser of 2% or the increase in the Consumer Price Index for All Urban Consumers
for the San Francisco Bay Area published by the Bureau of Labor Statistics of the United
States Deparment of Labor or any successor to that index.
Section 2 . The Alameda Municipal Code is hereby amended by adding a new
Subsection 3-28.10 (Return on Investment in Enterprise Funds) of Section 3-28 (Payment
of Taxes) of Chapter III (Finance and Taxation) to read as follows:
28.Return on Investment in Enterprise Funds.
As permitted by Hansen v. City of San Buena Ventura 42 Ca1.3d 1172
(1986), each of the city s enterprise fuds , other than the sewer service fund , shall make
an annual payment to the General Fund , as a return on the City s investment in the assets
of the enterprise fund , of 1 % of the value of its fixed assets as of June 30 , 2004 adjusted
annually for inflation after that date in the amount of the lesser of 2% or the increase in
the Consumer Price Index for All Urban Consumers for the San Francisco Bay Area
published by the Bureau of Labor Statistics of the United States Department of Labor , or
any successor to that index.
Section 3 . The Alameda Municipal Code is hereby amended by adding a new
Subsection 18-1 0 (Exemptions) to Section 18-4 (Sewer Service Charge) of Aricle I
(Sewers) of Chapter XVIII (Sewer and Water) thereof to read:
18-Exemptions.
(a) The sewer service charge is imposed to recover the cost of providing
sewer services to those who choose to make use of those services , as evidenced by an
active water meter, electric meter, or other evidence of .sewer use deemed reliable by the
Public Works Director. Any person subject to the charge imposed under this Section
may receive a temporary exemption from the sewer service charge imposed by this
Section to the extent that he or she can demonstrate to the satisfaction of the Public
Works Director that the premises with respect to which the charge is imposed are vacant
, for some other reason , no person made use of sewer services on those premises for at
least thirty (30) consecutive days. Evidence that either water or power was not consumed
on the premises for that time shall be sufficient evidence of vacancy to justify an
exemption for that period of non-use under this subsection.
(b) The Public Works Director. may promulgate regulations for the
submission, processing, decision, and appeal of such applications for exemption , which
regulations shall take effect once published in the maner required by Section 3-14 of the
Charer ofthe City of Alameda for publication of ordinances ofthe City.
Section 4 . If any section , subsection , sentence , clause or phrase of this ordinance
, for any reason , held to be invalid or unconstitutional , such decision shall not affect the
validity or constitutionality of the remaining portions of this ordinance. The City Council
of the City of Alameda hereby declares that it would have passed this ordinance , and each
section , subsection, sentence , clause , or phrase hereof, irrespective of the fact that any
one or more sections , subsections , sentences , clauses or phrases hereof be declared
invalid or unconstitutional.
Section 5 . To the extent the provisions of the Alameda Municipal Code as
amended by this ordinance are substantially the same as the provisions of that Code in
effect prior to the adoption of this ordinance , those provisions shall be construed as
continuations of those prior provisions and not as new enactments.
Section 6 . This ordinance shall be in full force and effect from and after theexpiration of thirty (30) days from the date of its final passage as provided in Section 3-
12 of the Charter of the City of Ala
Attest:
ktA
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, the undersigned , hereby certify that the foregoing Ordinance was duly and regularly
adopted and passed by the Council of the City of Alameda in a regular meeting assembled
011 theday of Januar, 2005 by the following vote to wit:
AYES:Councilmembers Daysog, deHaa , Gilmore , and MatalTeSe - 4.
NOES:None.
ABSENT:Mayor Johnson - 1.
ABSTENTIONS:None.
IN WITNESS , WHEREOF , I have hereunto set my hand and affixed the offcial seal of said City
this 19 th day of
Januar, 2005.