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RDA Reso 2004-005
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RDA Reso 2004-005
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1/26/2009 1:15:52 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
5/3/2004
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PERM
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Secondary Market <br />There can be no guarantee that there will be a secondary market for the Bonds, or, if a <br />secondary market exists, that such Bonds can be sold for any particular price. Occasionally, <br />because of general market conditions or because of adverse history or economic prospects <br />connected with a particular issue, secondary marketing practices in connection with a particular <br />issue are suspended or terminated. Additionally, prices of issues for which a market is being <br />made will depend upon the then prevailing circumstances. Such prices could be substantially <br />different from the original purchase price. <br />Loss of Tax Exemption <br />As discussed under the caption "Tax Matters" herein, interest on the Bonds could <br />become includable in gross income for purposes of federal income taxation retroactive to the <br />date the Bonds were issued as a result of future acts or omissions of the Agency in violation of <br />its covenants contained in the Indenture. Should such an event of taxability occur, the Bonds <br />are not subject to special redemption or any increase in interest rate and may remain <br />outstanding until maturity. <br />LIMITATIONS ON TAX REVENUES <br />Article XIIIA of the California Constitution <br />California voters, on June 6, 1978, approved an amendment (commonly known as <br />Proposition 13) to the California Constitution. This amendment, which added Article XIIIA to <br />the California Constitution, among other things affects the valuation of real property for the <br />purpose of taxation in that it defines the full cash property value to mean "the county <br />assessor's valuation of real property as shown on the 1975-76 tax bill under 'full cash value', or <br />thereafter, the appraised value of real property when purchased, newly constructed, or a <br />change in ownership has occurred after the 1975 assessment." The full cash value may be <br />adjusted annually to reflect inflation at a rate not to exceed 2% per year, a reduction in the <br />consumer price index or comparable local data, or declining property value caused by damage, <br />destruction or other factors including a general economic downturn. The amendment further <br />limits the amount of any ad valorem tax on real property to one percent of the full cash value <br />except that additional taxes may be levied to pay debt service on indebtedness approved by <br />the voters prior to July 1, 1978, and bonded indebtedness for the acquisition or improvement of <br />real property approved on or after July 1, 1978 by two-thirds of the votes cast by the voters <br />voting on the proposition. <br />In the general election held November 4, 1986, voters of the State of California approved <br />two measures, Propositions 58 and 60, which further amend Article XIIIA. Proposition 58 <br />amends Article XIIIA to provide that the terms "purchased" and "change of ownership," for <br />purposes of determining full cash value of property under Article XIIIA, do not include the <br />purchase or transfer of (1) real property between spouses and (2) the principal residence and <br />the first $1,000,000 of other property between parents and children. <br />Proposition 60 amends Article XIIIA to permit the Legislature to allow persons over age <br />55 who sell their residence to buy or build another of equal or lesser value within two years in <br />the same county, and to transfer the old residence's assessed value to the new residence. <br />Pursuant to Proposition 60, the Legislature has enacted legislation permitting counties to <br />implement the provisions of Proposition 60. <br />Challenges to Article XIIIA. On September 22, 1978, the California Supreme Court <br />upheld the amendment over challenges on several state and federal constitutional grounds <br />-29- <br />
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