HomeMy WebLinkAboutCity Council - 97-56 RESOLUTION NO. 97-56
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH FIXING
THE FISCAL YEAR 1997/1998 TAX RATE
WHEREAS,the City of Huntington Beach will be receiving a pro-rata portion of the one
dollar($1.00) Basic Property Tax.Rate levied by the County Board of Supervisors as a means of
providing revenue for the operation and support of various city departments, offices and
activities; and
In 1966, the electorate of the City of Huntington Beach approved a City Charter
amendment authorizing the collection of a property tax in excess of 1% of the full cash value of
property in order to meet the obligations of the City to pay for employee retirement through the
State Employees Retirement System. This provision was readopted by the electorate in 1978;
and
In Carman v. Alvord(1982) 31 Cal.3d 318, the California Supreme Court held that a tax
to fund a city's obligations to the State Employees Retirement System is exempt from
Proposition 13 (Article XIIIA of the California Constitution)as voter-approved indebtedness;
and
Since 1983-84, the City has fixed the rate of property taxation at Zero and .04930/100ths
Dollars ($.04930)per $100 of assessed value in the City to pay for employees retirement cost;
and
Said tax does not constitute an extension of an existing tax requiring voter approval under
Proposition 218 (Articles XIIIC-D of the California Constitution)because Section 3(a)(1) of
Proposition 218 exempts from the voter approval requirement any tax already valid under
Proposition XIIIA, as interpreted in Carman v. Alvord; and
The tax rate herein is levied pursuant to Section 93 of the Revenue and Taxation Code for
the purpose of paying voter approved indebtedness of the City of Huntington Beach;
SF/s:PCD:Resolution:Taxrate
RLS 97-3$l
6120/97-44
97-56
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Huntington
Beach that the rate of taxation for said city for fiscal year 1997/1998 be fixed at zero and
.04930/100ths dollars ($.04930)per$100 of assessed property value in said city. The said rate
shall be applied as employee retirement costs.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 4th day of August , 1997.
Mayor
ATTEST: APPROVED AS TO FORM:
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Cit Clerk Attorne
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REV APPROVED: INI N ROVED:
City Administrator eputy City dministratorf
Administrative Services
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SF/s TCD:Reso1ution:Taxrate
RLS 97-381
6l20197-44
Res. No. 97-56
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH }
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of
the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,
do hereby certify that the whole number of members of the City Council of the City
of Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at an regular meeting thereof held on the 4th day of August, 1997 by the following
vote:
AYES: Julien, Harman,Dettloff,Bauer, Sullivan, Green, Garofalo
NOES: None
ABSENT: None
l4G
City Clerk and ex-offici Clerk of the
City Council of the City of Huntington
Beach, California
G/resolu[i/resbkpg/97-39