Ordinance 1981CITY OF ALAMEDA ORDINANCE NO. 1981
New Series
AN ORDINANCE PERMITTING THE PREPAYMENT OF DWELLING
UNIT TAX AND PROVIDING FOR A DISCOUNT IN THE EVENT
OF SUCH PREPAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY.OF.ALAMEDA that:
Section 1 . The Alameda Municipal Code is hereby amendod
by adding Article 2 to Chapter 13, Title III thereof, consisting
of Sections 3 -1321 thru 3 -1323, to read as follows:
Article 2 Prepayment of Tax Imposed
Sec. 3 -1321 Prepayment (a) The tax imposed by
Article-1 of this Chapter may be prepaid by a property
owner unless the City Manager determines that prepayment
would not be in the best fiscal interests of the City.
(b) Prepayment shall be applied to a specific area
on a first -in first -out basis and exhausted prior, to non -
prepayments for dwelling units in said area. Successors
in interest to specific areas shall present proof of
assignment of prepayment of a specific number of dwelling
units.
(c) Prepayments shall not exceed a sum sufficient
to pay all dwelling unit taxes for the specified area were
the building permits for said area issued on the thirty-
sixth month after prepayment.
-1-
Sec. 3 -1322 Balance of Prepayments (a) The
balance of the prepayment shall be determined at the
time building permit(s) are issued for the specified
area by applying the following computation P - (N(900 -Mj
(b) "P" shall mean the balance of the prepayment
made for a specified area.
(c) "M" shall mean the number of days, not to
exceed 1095, which have elapsed between the prepayment
and the issuance of building permit(s) for the specific
area multiplied by .24657, rounded off.
(d) "N" shall mean the number of building permits
issued for the specified area.
(e) If, after all dwelling units permissible in
the specified area are completed, any balance remains,
it shall be returned to the payer of the prepayment.
Sec. 3 -1323 Return of Prepayment (a) .City may
remit prepayments not used to satisfy said tax'on or
after three (3) years from prepayment thereof. If re-
mitted, the specific area shall be credited against
future taxes imposed by Article 1 of this Chapter, with
the number of building permits equal to P x R .
900
(b) "R" shall mean the number of days, not to
exceed 1095, which have elapsed between the prepayment
and the issuance of building permit (s) for the specific
area multiplied by .0002739, rounded off.
-2-
(c) If said tax is repealed, or held invalid by
a court of law, prepayments shall be returned without
credits.
Section 2 . Any provisions of this ordinance which are
inconsistent with agreements on the same subject matter shall
be resolved by adopting the provision most favorable to the
City of Alameda. Prepayments may be made before the effective
date of this ordinance.
Section 3 . This ordinance shall be in full force and
effect from and after the expiration of thirty (30) days from
•z
the date of its final passage.
.
U
Attest: Pre��ing Officer of the Council
C' �r`� r x 2 V ? L
City Clerk
-3-
I, the undersigned, hereby certify that the foregoing Ordinance was
ily and regularly adopted and passed by the Council of the City of Alameda
i regular meeting assembled on the 3rd day of July, 1979, by the following
)te, to wit:
AYES: Councilmen Diament, Sherratt, Stone, Tillman, and
President Corica, (5).
NOES: None.
ABSENT: None,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Fficial seal of said City this 5th day of July, 1979.
� _ l
cti: g Ctty Clerk of the City - of' ameda