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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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Proposition 22. Proposition 22, entitled "The Local Taxpayer, Public Safety and <br />Transportation Protection Act," was approved by the voters of the State in November 2010. <br />Proposition 22 eliminates or reduces the State's authority to (i) temporarily shift property taxes <br />from cities, counties and special districts to schools, (ii) use vehicle license fee revenues to <br />reimburse local governments for State - mandated costs (the State will have to use other <br />revenues to reimburse local governments), (iii) redirect property tax increment from <br />redevelopment agencies to any other local government, (iv) use State fuel tax revenues to pay <br />debt service on State transportation bonds, or (v) borrow or change the distribution of State fuel <br />tax revenues. <br />Unitary Property <br />AB 454 (Chapter 921, Statutes of 1986) provides that revenues derived from most utility <br />property assessed by the State Board of Equalization ( "Unitary Property "), commencing with <br />the 1988 -89 Fiscal Year, are allocated as follows: (i) each jurisdiction will receive up to 102% of <br />its prior year State - assessed revenue; and (ii) if county -wide revenues generated from Unitary <br />Property are less than the previous year's revenues or greater than 102% of the previous year's <br />revenues, each jurisdiction will share the burden of the shortfall or benefit of the excess <br />revenues by a specified formula. This provision applies to all Unitary Property except railroads, <br />whose valuation will continue to be allocated to individual tax rate areas. <br />The provisions of AB 454 do not constitute an elimination of the assessment of any <br />State - assessed properties nor a revision of the methods of assessing utilities by the State <br />Board of Equalization. Generally, AB 454 allows valuation growth or decline of Unitary Property <br />to be shared by all jurisdictions in a county. <br />Future Initiatives <br />Article XIIIA, Article XIIIB, Article XIIIC, Article XIIID, and Propositions 1A of 2004, 22, 26 <br />and 62 were each adopted as measures that qualified for the ballot through California's initiative <br />process. From time to time other initiative measures could be adopted, further affecting the <br />City's revenues. <br />VALIDATION PROCEEDINGS <br />The City, acting pursuant to the provisions of Sections 860 et seq. of the California Code <br />of Civil Procedure, filed a complaint in the Superior Court of the State of California for the <br />County of Alameda seeking judicial validation of the transactions relating to the issuance of the <br />Bonds, and certain other matters (City of San Leandro vs. All Persons Interested, etc., Case No. <br />HG11597018). On November 10, 2011, the court entered default and issued a court judgment <br />to the effect, among other things, that the Bonds are valid and binding obligations of the City <br />under the Constitution and laws of the State. Pursuant to Section 870 of the California Code of <br />Civil Procedure and Rule 2(a) of the California Rules of Court, the period during which a notice <br />of appeal to this judgment could be timely filed expired, no challenge to the judgment was filed, <br />and at that time the judgment became binding and conclusive in accordance with California law. <br />In issuing its approving opinion, Jones Hall, A Professional Law Corporation, has relied, <br />among other things, upon the above - described validation of proceedings. <br />33 <br />
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