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Finance Highlights 2011 1202
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Finance Highlights 2011 1202
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12/13/2011 6:20:44 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Committee Highlights
Document Date (6)
12/2/2011
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_CC Agenda 2011 1219
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Impact of Sales and Use Tax Redirection <br />As described in "APPENDIX A - City of San Leandro General Demographic and <br />Financial Information," the State will temporarily redirect local sales and use taxes to the State, <br />including 0.25% that would otherwise be available to the City, to pay debt service on its <br />"economic recovery" bonds; the State will increase local governments' share of local property <br />tax by a corresponding amount. <br />However, it should be noted that certain features and consequences of this redirection <br />could impact the availability of City revenues used to pay the principal of and interest on the <br />Bonds. First, there may be a timing issue associated with the "backfill" of redirected sales and <br />use taxes with property tax revenue: while sales and uses taxes are distributed by the State <br />Board of Equalization on a monthly basis, the County would only backfill with property taxes on <br />a semi - annual basis. This timing issue would not only impact the City's cash flow, but would <br />cause the City to lose investment earnings on the sales and uses taxes it otherwise would have <br />received on a monthly basis. <br />Second, it is possible that the fees charged by the County for property tax <br />administration, which are subtracted from property tax revenue collected by the County before it <br />is allocated to the City, could increase as a result of the various tasks required of the County by <br />the redirection. In addition, the State Board of Equalization administration fee is likely to <br />increase as a percentage of local sales and use tax received by the City unless the State Board <br />of Equalization reduces its fee, which it is unlikely to do because the cost of collecting the sales <br />and use taxes on a per- transaction basis will not go down. <br />Third, the redirection of sale and use taxes by the State reflects the vulnerability of local <br />government to the State budget process. If, in the future, the State elects to further reallocate <br />sales and use taxes or property tax revenue, or any other source of revenue used by the City to <br />make debt service payments on the Bonds, the City may not know the exact amount of revenue <br />available to pay debt service on the Bonds. <br />State Law Limitations on Appropriations <br />Article XIIIB of the California Constitution limits the amount that local governments can <br />appropriate annually. The ability of the City to make debt service payments on the Bonds may <br />be affected if the City should exceed its appropriations limit. The State may increase the <br />appropriation limit of cities in the State by decreasing the State's own appropriation limit. The <br />City does not anticipate exceeding its appropriations limit. See "CONSTITUTIONAL AND <br />STATUTORY LIMITATIONS ON TAXES AND APPROPRIATIONS - Article XIIIB of the State <br />Constitution" below. <br />Change in Law <br />No assurance can be given that the State or the City electorate will not at some future <br />time adopt initiatives, or that the State Legislature will not enact legislation that will amend the <br />laws of the State in a manner that could result in a reduction of the City's revenues and <br />therefore a reduction of the funds legally available to the City to make debt service payments on <br />the Bonds. See, for example, "CONSTITUTIONAL AND STATUTORY LIMITATIONS ON <br />TAXES AND APPROPRIATIONS —Article XIIIC and Article XIIID of the State Constitution." <br />27 <br />
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