HomeMy WebLinkAboutCity Council - 98-59 RESOLUTION NO. 98-59
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH FIXING
THE FISCAL YEAR 1998/1999 TAX RATE
WHEREAS, the City of Huntington Beach will be receiving a pro-rata portion of
the one-dollar($1.00) Basic Property Tax Rate levied by the County Board of
Supervisors as a means of providing revenue for the operation and support of various
city departments, offices and activities; and
In 1965, the electorate of the City of Huntington Beach approved a City Charter
amendment authorizing the collection of a property tax in excess of 1% of the full cash
value of property in order to meet the obligations of the City to pay for employee
retirement through the State Employees Retirement System. This provision was re-
adopted by the electorate in 1978; and
In Carman v. Alvord(1982) 31 Cal.3d 318, the California Supreme Court held that
a tax to fund a city's obligations to the State Employees Retirement System is exempt
from Proposition 13 (Article XIIIA of the California Constitution) as voter-approved
indebtedness; and
Since 1983-84, the City has fixed the rate of property taxation at Zero and
.04930/100ths Dollars ($.04930) per$100 of assessed value in the City to pay for
employees retirement cost; and
Said tax does not constitute an extension of an existing tax requiring voter
approval under Proposition 218 (Articles XIIIC-D of the California Constitution) because
Section 3(a)(1) of Proposition 218 exempts from the voter-approval requirement any tax
already valid under Proposition XIIIA, as interpreted in Carman v. Alvord; and
The tax rate herein is levied pursuant to Section 93 of the Revenue and Taxation
Code for the purpose of paying voter approved indebtedness of the City of Huntington
Beach;
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resolt998ftamWJuly 14, 1998
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Huntington Beach that the rate of taxation for said city for fiscal year 1998/1999 be fixed
at zero and .04930/100ths dollars ($.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 3>:d day of August 1998.
ATTEST: '
' May :
_ _
7
City Cleric
APPROVED AS TO FORM:
REVIEWED AND APPROVED:
i A torne j 4-_ 1 ,9
City Adn istrator VED:
Deputy City A n° ini trator/Admi str e
Services
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2
reso11998/tanate/July 14, 1998
Res. No. 98-59
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 a regular meeting thereof held on the 3rd clay of August, 1998 by the following
vote:
AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan
NOES: None
ABSENT: Garofalo
City Clerk and ex-officio eilerk of the
City Council of the City of Huntington
Beach, California
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