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AgdaPkt 2012-01-09
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AgdaPkt 2012-01-09
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Last modified
3/6/2012 1:23:44 PM
Creation date
1/5/2012 4:46:23 PM
Metadata
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Regular
Agency Type
City Council and Redevelopment Agency
Date
1/9/2012
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8.A. - Page 40 <br /> and Method and Sections 53317.3 and 53317.5 of the Act.�'� Prepaid Parcels, for which the <br /> respective owner has prepaid and satisfied the Special Tax, are also exempt from further <br /> Special Taxes. See "SPECIAL RISK FACTORS —Exempt Properties." <br /> Termination. When all of the District's Administrative Expenses and Debt Service <br /> obligations are satisfied and no bonds authorized for issuance by the District remain either <br /> unissued or outstanding, the City Council is required to determine that the Specill Tax shall <br /> cease to be levied. Notwithstanding the foregoing, in no event shall the Special Tax be levied <br /> after the Fiscal Year ending June 30, 2022. <br /> County Teeter Plan <br /> The County of San Mateo and the other political subdivisions within its boundaries <br /> operate under the provisions of Sections 4701 through 4717, inclusive, of the Revenue and <br /> Taxation Code of the State of California, commonly referred to as the "Teeter Plan," with <br /> respect to property tax collection and disbursement procedures. These sections provide an <br /> alternative method of apportioning secured taxes whereby agencies levying taxes through the <br /> County roll may receive from the County 100% of their taxes at the time they are levied. The <br /> County treasury's cash position (from taxes) is insured by a special tax loss reserve fund <br /> accumulated from delinquent penalties. <br /> The Board of Supervisors of the County may discontinue the procedures under the <br /> Teeter Plan altogether, or with respect to any tax or assessment levying agency in the County, <br /> if the rate of secured tax and assessment deliilquency in that agency in any year exceeds 3% of <br /> the total of all taxes and assessments levied on the secured rolls for that agency. <br /> The Special Taxes have been and are expected to continue to be collected pursuant to <br /> the procedures described above. Thus, so long as the County maintains its policy of collecting <br /> taxes pursuant to said procedures and the City meets the Teeter Plan requirements, the City <br /> will receive 100% of the annual Special Taxes levied without regard to actual collections; <br /> however, there is no assurance that the County Board of Supervisors will maintlin its policy of <br /> apportioning taxes pursuant to the aforementioned procedures. <br /> �'� Section 53317.3 and 53317.5 of the Act read as follows: <br /> 53317.3. If pro�erty not otherwise exempt from 1 special t1x levied purs��lnt to [the Act] is 1cq��ued by 1 <br /> public entity through a negotiated t�ansaction, or by gift or devise, the special tax shall ... continue to be <br /> levied on fl1e property acquired and shall be enforceable against the public entity Ehat acqtured fl1e <br /> property. However, even if the resolt�tion of formation that authorized creation of the district did not specify <br /> conditions under which the obligation to pay a special tax inay be �repaid and permanently satisfied, the <br /> legislative body of the local agency that created the district may specify conditions under which the public <br /> agency that acquires the property may prepay and satisfy the obligation to pay the tax. The conditions may <br /> be specified only if the local agency that created the district finds and determines that the prepayment <br /> arrangement will fully protect the interests of the owners of the district's b onds. <br /> 53317.5. If property st�bject to a special tax levied pursuant to this chapter is acquired by a public entity <br /> thro��gh emuzent domauz proceedings, the obligation to �ay flze special tax shall be trelted, pursuant to <br /> Section 1265.250 of the Code of Civil Proced�ue, as if it were a special annt�al assessnlent. For this p�upose, <br /> the present value of the obligation to pay a special tax to pay the principal and interest on any indebtedness <br /> inc2ured by the dist�ict prior to the date of apportionment determined ptusuant to Section 5082 of the <br /> Revenue and Taxation Code shall be trelted the saine as a fixed lien special assessment. <br /> -16- <br />
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