Ordinance 2998CITY OF ALAMEDA ORDINANCE No. 2998
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING
SUBSECTION 3-28.10 (RETURN ON INVESTMENT IN
ENTERPRISE FUNDS) OF SECTION 3-28 (PAYMENT OF TAXES)
OF CHAPTER III (FINANCE AND TAXATION) TO REDUCE THE
GOLF FUND'S RETURN ON INVESTMENT FROM 1% TO 0.43363%
FOR FISCAL YEARS 06-07 through 09-10, AND EXEMPTING THE
GOLF FUND'S RETURN ON INVESTMENT ENTIRELY, EFFECTIVE
FISCAL YEARS 10-11
BE IT ORDAINED by the Council of the City of Alameda that:
Section 1. The Alameda Municipal Code is hereby amended by amending
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:
3-28.10 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 funds, 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.
Effective Fiscal Years 06-07 through 09-10, the Golf Fund's Return on
Investment in its assets shall be reduced from 1% to 0.43363%. Effective Fiscal
Years 10-11, and thereafter, the Golf Fund shall be entirely exempt from making
an annual payment to the General Fund as a Return on Investment.
Section 2. If any section, subsection, sentence, clause or phrase of this
ordinance is, for any reason, held to be invalid or unconstitutional, such decision
shall not affect the v alidity or constitutionality of the r emaininq 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 3, 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 4. This ordinance shall be in full force effect from and after the
expiration of thirty (30) days from the date of its final passage as provided in
Section 312 of the Charter of the City of Alameda.
Attest:
Lara Weisiger, City
NOES: None.
ABSENT: Councilmember Tam 1.
ABSTENTIONS: None,
siding 0 the ity Counoil
I 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 on the 21 day of July, 2009 by the following vote to wit:
AYES: Councilmembers deHaan, Gilmore, Matarrese, and
Mayor Johnson 4.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of
said City this 22 day of July, 2009.
Lara Weisiger, City Cler
City of Alameda