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SA-3 - RESO - REFUNDING BONDS
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SA-3 - RESO - REFUNDING BONDS
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Last modified
9/27/2018 2:45:16 PM
Creation date
9/27/2018 2:32:05 PM
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Template:
City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
SA-3
Date
10/2/2018
Destruction Year
2023
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(vii) The amount, if any, to be deposited from the proceeds of such Additional <br />Bonds in the Reserve Account; provided that the amount deposited in or credited to such <br />Reserve Account shall be increased at or prior to the time such Additional Bonds become <br />outstanding to an amount at least equal to the Reserve Account Requirement on all then <br />outstanding Bonds and such Additional Bonds, and that an amount at least equal to the Reserve <br />Account Requirement on all Outstanding Bonds shall thereafter be maintained in or credited to <br />such Reserve Account; <br />(viii) The form of such Additional Bonds; and <br />(ix) Such other provisions, as are necessary or appropriate and not inconsistent with <br />the Indenture. <br />(c) Such Additional Bonds may be issued only for the purpose of refunding bonds or other <br />indebtedness of the Successor Agency or its Former Agency (including, without limitation, refunding <br />Bonds outstanding under the Indenture) in accordance with the Law, including payment of all costs <br />incidental to or connected with such refunding and funding or providing for the funding of related <br />reserves, and the payment of all costs incidental to or connected with such refunding, provided that the <br />issuance of such Additional Bonds shall comply with the terms of California Health and Safety Code <br />Section 34177.5. <br />Nothing contained in the Indenture shall limit the issuance of any tax increment bonds or other <br />obligations of the Successor Agency secured by a lien and charge on Tax Revenues junior to that of the Bonds. <br />PROPERTY TAXATION IN CALIFORNIA <br />Manner in Which Property Valuations and Assessments are Determined (Article XII). On June 6, <br />1978, California voters approved an amendment (commonly known as both Proposition 13 and the Jarvis -Gann <br />Initiative) to the State Constitution which imposes certain limitations on taxes that may be levied against real <br />property. This amendment, which added Article XIIIA to the State Constitution, among other things, defines full <br />cash value of property to mean "the county assessor's valuation of real property as shown on the 1975/76 tax <br />bill under `full cash value,' or, thereafter, the appraised value of real property when purchased, newly <br />constructed, or a change in ownership has occurred after the 1975 assessment." This full cash value may be <br />adjusted annually to reflect inflation at a rate not to exceed 2% per year, or any reduction in the consumer price <br />index or comparable local data, or any reduction in the event of declining property value caused by substantial <br />damage, destruction or other factors. The amendment further limits the amount of any ad valorem tax on real <br />property to 1% of the full cash value of that property, except that additional taxes may be levied to pay debt <br />service on indebtedness approved by the voters prior to July 1, 1978 and on any bonded indebtedness for the <br />acquisition or improvement of real property which is approved after July 1, 1978 by two-thirds of the votes cast <br />by voters voting on such indebtedness. However, pursuant to an amendment to the State Constitution, <br />redevelopment agencies were prohibited from receiving any of the Tax Revenue attributable to tax rates levied <br />to finance bonds approved by the voters on or after January 1, 1989 for the acquisition or improvement of real <br />property. Moreover, Section 34183 of the Dissolution Act effectively eliminates the January 1, 1989 date from <br />such prohibitions and SB 107 further states that pre -1989 tax override rates are no longer distributed to <br />successor agencies except in limited circumstances (see "SECURITY FOR THE BONDS - Tax Revenues," <br />"RISK FACTORS - Factors Which May Affect Tax Revenues - Reduction in Inflationary Rate" and <br />"PROPERTY TAXATION IN CALIFORNIA — Property Tax Rate"). <br />In the general election held November 4, 1986, voters in the State approved two measures, Propositions <br />58 and 60, which further amend the terms "purchase" and "change of ownership," for purposes of determining <br />full cash value of property under Article XIIIA, to not include the purchase or transfer of (1) real property <br />between spouses and (2) the principal residence and the first $1,000,000 of other property between parents and <br />children. Proposition 60 amends Article XIIIA to permit the Legislature to allow persons over age 55 who sell <br />19 <br />SA -3-33 <br />
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