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AgdaPkt 2006-01-23
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AgdaPkt 2006-01-23
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1/24/2006 9:21:06 AM
Creation date
1/19/2006 3:28:21 PM
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CC Index
CC Index - Document Type
Agenda Packet
Date
1/23/2006
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<br />7e/3 <br /> <br />made will depend upon then-prevailing circumstances. <br />different from the original purchase price. <br /> <br />Such prices could be substantially <br /> <br />CONSTITUTIONAL AND STATUTORY PROVISIONS AFFECTING CITY REVENUES AND <br />APPROPRIATIONS <br /> <br />Article XIIIA of the California Constitution <br /> <br />Article XIIiA of the State Constitution, also known as Proposition 13, limits the amount of <br />ad valorem taxes on real property to 1 % of "full cash value" as determined by the county <br />assessor. Article XIIIA defines "full cash value" to mean "the county assessor's valuation of <br />real property as shown on the 1975-76 tax roll under 'full cash value,' or thereafter, the <br />appraised value of real property when purchased, newly constructed or a change in ownership <br />has occurred after the 1975 assessment period", subject to exemptions in certain <br />circumstances of property transfer or reconstruction. The "full cash value" is subject to annual <br />adjustment to reflect increases, not to exceed 2% per year, or decreases in the consumer price <br />index or comparable local data, or to reflect reductions in property value caused by damage, <br />destruction or other factors. <br /> <br />Article XIlIA requires a vote of two-thirds of the qualified electorate of a city, county, <br />special district or other public agency to impose special taxes, while totally precluding the <br />imposition of any additional ad valorem, sales or transaction tax on real property. Article XIlIA <br />exempts from the 1 % tax limitation any taxes above that level required to pay debt service <br />(a) on any indebtedness approved by the voters prior to July 1,1978, and (b) as a result of an <br />amendment approved by California voters on June 3, 1986, on any bonded indebtedness <br />approved by two-thirds of the votes cast by the voters for the acquisition or improvement of real <br />property on or after July 1, 1978. In addition, Article XIIiA requires the approval of two-thirds of <br />all members of the State legislature to change any State taxes for the purpose of increasing tax <br />revenues. <br /> <br />The above discussion of Article XIiIA does not imply that the Bonds are payable from <br />taxes; it is presented only to demonstrate that the Gross Revenues are not subject to any of the <br />provisions of Article XIIiA and to describe a prime example of the power of the voters of <br />California to dramatically impact matters relating to government finance through the initiative <br />process. <br /> <br />Article XIIIB of the California Constitution <br /> <br />Article XIiIS of the State Constitution, as amended by Proposition 111 approved by the <br />voters on June 5, 1990, limits the annual appropriations of the State and of any city, county, <br />school district, authority or other political subdivision of the State to the level of appropriations of <br />the particular governmental entity for the prior fiscal year, as adjusted for changes in the cost of <br />living, population and services rendered by the governmental entity. The "base year" for <br />establishing such appropriation limit was originally the 1978-79 fiscal year. Following the <br />approval of Proposition 111, for fiscal years beginning on or after July 1, 1990, the <br />appropriations limit of each entity of government will be the appropriations limit for the 1986-87 <br />fiscal year adjusted for the changes made from that fiscal year under the provisions of <br />Article XIIIB, as amended by Proposition 111. <br /> <br />Appropriations subject to Article XIIIB generally include the proceeds of taxes levied by <br />the State or other entity of local government, exclusive of certain State subventions, refunds of <br /> <br />38 <br />
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