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each government entity applies to "proceeds of taxes," which consist of tax revenues, State <br />subventions and certain other funds, including proceeds from regulatory licenses, user charges <br />or other fees to the extent that such proceeds exceed "the cost reasonably borne by such entity <br />in providing the regulation, product or service." "Proceeds of taxes" excludes tax refunds and <br />some benefit payments such as unemployment insurance. No limit is imposed on the <br />appropriation of funds which are not "proceeds of taxes," such as reasonable user charges or <br />fees, and certain other non -tax funds. Article XIIIB also does not limit appropriation of local <br />revenues to pay debt service on bonds existing or authorized by January 1, 1979, or <br />subsequently authorized by the voters, appropriations required to comply with mandates of <br />courts or the federal government, appropriations for qualified capital outlay projects, and <br />appropriation by the State of revenues derived from any increase in gasoline taxes and motor <br />vehicle weight fees above January 1, 1990 levels. The appropriations limit may also be <br />exceeded in case of emergency; however, the appropriations limit for the next three years <br />following such emergency appropriation must be reduced to the extent by which it was <br />exceeded, unless the emergency arises from civil disturbance or natural disaster declared by <br />the Governor, and the expenditure is approved by two - thirds of the legislative body of the local <br />government. <br />The State and each local government entity has its own appropriations limit. Each year, <br />the limit is adjusted to allow for changes, if any, in the cost of living, the population of the <br />jurisdiction, and any transfer to or from another government entity of financial responsibility for <br />providing services. <br />Proposition 111 requires that each agency's actual appropriations be tested against its <br />limit every two years. If the aggregate "proceeds of taxes" for the preceding two -year period <br />exceeds the aggregate limit, the excess must be returned to the agency's taxpayers through tax <br />rate or fee reductions over the following two years. <br />follows: <br />The City's Article XIIIB appropriations limits for the three most recent Fiscal Years are as <br />Fiscal <br />Appropriations <br />Amount Subject to <br />Year <br />Limit <br />Appropriations Limit <br />2009 -10 <br />$144,076,152 <br />$60,214,990 <br />2010 -11 <br />148,861,890 <br />68,227 <br />2011 -12 <br />153,803,850 <br />74,040 <br />Source: City of San Leandro. <br />Proposition 62 <br />On November 4, 1986, California voters adopted Proposition 62, which requires that (i) <br />any local tax for general governmental purposes (a "general tax ") must be approved by a <br />majority vote of the electorate; (ii) any local tax for specific purposes (a "special tax ") must be <br />approved by a two - thirds vote of the electorate; (iii) any general tax must be proposed for a vote <br />by two - thirds of the legislative body; and (iv) proceeds of any tax imposed in violation of the vote <br />requirements must be deducted from the local agency's property tax allocation. <br />Most of the provisions of Proposition 62, which was a statutory initiative, were affirmed <br />by the 1995 California Supreme Court decision in Santa Clara County Local Transportation <br />Authority v. Guardino, which invalidated a special sales tax for transportation purposes because <br />30 <br />