Resolution 11599CITY OF ALAMEDA RESOLUTION NO. 11599
SUBMITTING TO THE ELECTORATE OF THE CITY OF ALAMEDA
AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON
MARCH 7, 1989, AN ORDINANCE ENTITLED, "AMENDING THE
ALAMEDA MUNICIPAL CODE BY ADDING CHAPTER 16 TO
TITLE III THEREOF RELATING TO POLICE/FIRE SERVICE
CONSTRUCTION TAX"; PROVIDING FOR NOTICE THEREOF;
AND PROPOSING SAID ORDINANCE
WHEREAS, the Council of the City of Alameda hereby
proposes to submit to the voters of said City an ordinance
entitled, "Amending the Alameda Municipal Code by Adding Chapter
16 to Title III Thereof Relating to Police/Fire Service
Construction Tax," to be voted upon at the General Municipal
Election to be held on March 7, 1989;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ALAMEDA that:
Section 1. The Council of the City of Alameda hereby
proposes on its own motion that an ordinance be submitted to the
voters of said City at said election, to read as follows:
• • •
CITY OF ALAMEDA ORDINANCE NO.
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY ADDING
CHAPTER 16 TO TITLE III THEREOF RELATING TO
POLICE/FIRE SERVICE CONSTRUCTION TAX
The People of the City of Alameda ordain as follows:
Section 1. Purpose and Findings. The People of the
City of Alameda find that the growth of the City and new
construction adversely affect the ability of the Alameda
Police Department and the Alameda Fire Department to
provide an adequate level of police, fire and medical
service. As a result, the public safety and welfare is
directly impacted and a critical need for new police and
fire facilities and equipment has arisen.
It is the purpose of this ordinance to require that
new construction within the City of Alameda contribute to
the cost of providing the new police and fire service
facilities and equipment for which it creates a need.
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Section 2. The Alameda Municipal Code is hereby
amended by adding Chapter 16 to Title III thereof to read
as follows:
CHAPTER 16.
POLICE/FIRE SERVICE CONSTRUCTION TAX
Article 1.
Article 2.
Article 3.
Improvement Tax Imposed, 3-1611
Exceptions, 3-1621
Credits, 3-1631
Article 1. Improvement Tax Imposed
Sec. 3-1611. TITLE. This chapter shall be known
as the "Police/Fire Services Construction Tax".
Sec. 3-1612. Imposition of Tax. A tax of one
percent (1.0%) of the valuation of any structure for which
building and/or plumbing permits are required is hereby
imposed upon the application for such permit.
Sec. 3-1613. Amount of Tax. The tax shall be
determined by multiplying 0.01 by the valuation of the
structure for which application is made, as determined by
the valuation schedule in the current Uniform Building
Code. It shall be due and payable at the time of
application for the permit, and as a condition for
issuance of the permit as a tax on the privilege of
obtaining a building permit.
Sec. 3-1614. Police/Fire Facilities Fund. The tax
revenues shall be placed in separate funds to be known as
"1) the Police Facilities and Equipment Fund and 2) the
Fire and Medical Facilities and Equipment Fund," and such
revenues shall be used only for the purpose of funding
construction, reconstruction, or repair of police and fire
facilities, or the acquisition, repair, or maintenance of
police, fire and medical equipment.
Article 2. Exceptions
Sec. 3-1621. Exceptions. The tax imposed by
Section 3-1612 shall not apply to the following:
(a) A building permit for construction where the
work to be done pursuant to the permit will not increase
the square footage of the existing structure by more than
twenty percent;
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(b) A building permit for nonhabitable structures,
provided such structures are situated on a parcel of land
occupied by a habitable structure in a residential zone.
(c) A building permit for reconstruction or repair
of a structure which was damaged by earthquake, fire,
flood or other causes over which the owner had no control,
provided, however, that compliance with any ordinance as
required by the laws in effect and the reconstruction cost
does not exceed fifty percent of the value of the
structure. The exception of this subsection for
reconstruction or repair shall only apply if such
reconstruction or repair is done pursuant to a building
permit issued within one year of such damage or
destruction and provided that the number of square feet in
the building or structure is not increased.
Article 3. Credits
Sec. 3-1631. Credits For Permit Conditions. Any
person or firm owning property which contributes by reason
of conditions placed on discretionary permits, money, land
or equipment which could be purchased from the Police/
Fire Facilities Fund shall be credited the value of such
contributions against the subsequent application of this
tax.
Sec. 3-1632. Credits For Tax Payment. Any person
or firm owning property which has paid the tax required by
this Chapter shall receive a credit therefor against any
contribution required by conditions placed on
discretionary permits of money, land or equipment which
could be purchased from the Police/Fire Facilities Fund.
Section 3. This ordinance shall be in full force
and effect ten (10) days from and after the date of its
adoption.
Section 2. At said election there shall be submitted to
the qualified voters of the City of Alameda the following
measure:
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MEASURE - Proposed Ordinance
Shall an ordinance be adopted
imposing a tax of one percent of
the value of any structure for
which building and /or plumbing
permits are issued, said tax to
be used for police, fire and
medical facilities and equipment
fund?
• • • . . . • • . • • • •
• •
. YES .
•
• NO • •
. • . . . • . . • . . • .
Section 3. The City Clerk of the City of Alameda is
hereby directed upon the passage and adoption of this resolution
to publish a synopsis of the measure in the Alameda Times -Star
once a week for two successive weeks, in compliance with State
Government Code Section 6066 and State Elections Code Section
22835.
Section 4. The City Clerk shall cause copies of said
proposed ordinance to be printed in convenient pamphlet form and
shall mail a copy thereof, enclosed with the sample ballot, to
each voter at least ten (10) days prior to said election. She
shall also, until the day fixed for the election, advertise in
the Alameda Times -Star a notice that such copies may be had at
her office in the City Hall, upon application therefor.
Section 5. If the aforesaid proposed ordinance receives
two - thirds of the votes cast thereon at said election, said
ordinance shall be enacted accordingly and go into effect ten
(10) days after the declaration by the canvassing board of the
result of said election.
Section 6. The City Clerk of the City of Alameda is
hereby authorized and directed to, until the day fixed for said
special municipal election, advertise daily in the ALAMEDA
TIMES -STAR, a newspaper of general circulation in said City, a
notice that copies of the proposed ordinance may be had on
application therefor in the City Clerk's Office. Said notice
shall be substantially in the following form:
NOTICE OF AVAILABILITY OF PROPOSED ORDINANCE
NOTICE IS HEREBY GIVEN to the qualified electors of
the City of Alameda that pamphlet copies of the proposed
measure providing for amendment to the Alameda Municipal
Code by adding Chapter 16 to Title III thereof relating
to police /fire service construction tax, which shall
be mailed to each of the qualified electors of said City,
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are on file in the office of the City Clerk, City Hall,
Alameda, California. Copies of said pamphlet are
available in said office and may be had on application
therefor.
City Clerk of the City of Alameda
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