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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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CONSTITUTIONAL AND STATUTORY LIMITATIONS ON TAXES AND APPROPRIATIONS <br />Article XIIIA of the State Constitution <br />Article XIIIA of the State Constitution, known as Proposition 13, was approved by the <br />voters in June 1978 and has been amended on occasions, including most recently on <br />November 7, 2000 to reduce the voting percentage required for the passage of school bonds. <br />Section I(a) of Article XIIIA limits the maximum ad valorem tax on real property to 1% of "full <br />cash value," and provides that such tax shall be collected by the counties and apportioned <br />according to State statutes. Section I(b) of Article XI I IA provides that the 1% limitation does not <br />apply to ad valorem taxes levied to pay interest or redemption charges on any (1) indebtedness <br />approved by the voters prior to July 1, 1978, (2) bonded indebtedness for the acquisition or <br />improvement of real property approved on or after July 1, 1978, by two - thirds of the votes cast <br />by the voters voting on the proposition and (3) bonded indebtedness incurred by a school <br />district, community college district or county office of education for the construction, <br />reconstruction, rehabilitation or replacement of school facilities, including the furnishing and <br />equipping of school facilities or the acquisition or lease of real property for school facilities, <br />approved by 55 percent of the voters voting on the proposition. <br />Section 2 of Article XIIIA defines "full cash value" to mean the county assessor's <br />valuation of real property as shown on the 1975 -76 Fiscal Year tax bill, or thereafter, the <br />appraised value of real property when purchased, newly constructed, or a change in ownership <br />has occurred. The full cash value may be adjusted annually to reflect inflation at a rate not to <br />exceed 2% per year, or to reflect a reduction in the consumer price index or comparable data for <br />the taxing jurisdiction, or may be reduced in the event of declining property value caused by <br />substantial damage, destruction or other factors. See "Litigation Relating to Two Percent <br />Limitation" below. Legislation implementing Article XIIIA provides that, notwithstanding any <br />other law, local agencies may not levy any ad valorem property tax except to pay debt service <br />on indebtedness approved by the voters as described above. Such legislation further provides <br />that each county will levy the maximum tax permitted by Article XIIIA, which is $1.00 per $100 of <br />assessed market value. <br />Since its adoption, Article XIIIA has been amended a number of times. These <br />amendments have created a number of exceptions to the requirement that property be <br />reassessed when it is purchased, newly constructed or undergoes a change in ownership. <br />These exceptions include certain transfers of real property between family members, certain <br />purchases of replacement dwellings for persons over age 55 and by property owners whose <br />original property has been destroyed in a declared disaster, and certain improvements to <br />accommodate disabled persons and for seismic upgrades to property. These amendments <br />have resulted in marginal reductions in the property tax revenues of the City. <br />Both the State Supreme Court and the United States Supreme Court have upheld the <br />validity of Article XIIIA. <br />Article XIIIB of the State Constitution <br />In addition to the limits Article XIIIA imposes on property taxes that may be collected by <br />local governments, certain other revenues of the State and most local governments are subject <br />to an annual "appropriations limit" imposed by Article XIIIB which effectively limits the amount <br />of such revenues those entities are permitted to spend. Article XIIIB, approved by the voters in <br />July 1979, was modified substantially by Proposition 111 in 1990. The appropriations limit of <br />29 <br />
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