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SA-3 - RESO - REFUNDING BONDS
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10/02/2018
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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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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
SA-3
Date
10/2/2018
Destruction Year
2023
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their residence and buy or build another of equal or lesser value within two years in the same county (or in <br />certain cases, another county), to transfer the old residence's assessed value to the new residence. <br />Proposition 8 Adjustments. Proposition 8, approved in 1978, provides for the assessment of real <br />property at the lesser of its originally determined (base year) full cash value compounded annually by the <br />inflation factor, or its full cash value as of the lien date, taking into account reductions in value due to damage, <br />destruction, obsolescence or other factors causing a decline in market value. Reductions based on Proposition 8 <br />do not establish new base year values, and the property may be reassessed as of the following lien date up to the <br />lower of the then -current fair market value or the factored base year value. The State Board of Equalization has <br />approved this reassessment formula and such formula has been used by county assessors statewide, and such <br />methodology has been upheld by the California courts. During the recent recession, the County made significant <br />blanket assessed value reductions throughout the County pursuant to Proposition 8 from the maximum amount <br />that could be assessed on property. <br />Unsecured and Secured Property. In California, property which is subject to ad valorem taxes is <br />classified as "secured" or "unsecured." The secured classification includes property on which any property tax <br />levied by a county becomes a lien on that property. A tax levied on unsecured property does not become a lien <br />against the taxed unsecured property, but may become a lien on certain other property owned by the taxpayer. <br />Every tax which becomes a lien on secured property, arising pursuant to State law, has priority over all other <br />liens on the secured property, regardless of the time of the creation of the other liens. <br />Property in the Project Area is assessed by the Orange County Assessor except for public utility <br />property which is assessed by the State Board of Equalization. <br />The valuation of secured property is determined as of January 1 each year for taxes owed with respect to <br />the succeeding Fiscal Year. The tax rate is equalized during the following September of each year, at which time <br />the tax rate is determined. Secured and unsecured property is entered on separate parts of the assessment roll <br />maintained by the county assessor. The method of collecting delinquent taxes is substantially different for the <br />two classifications of property. <br />Property taxes on the secured roll are due in two installments, on November 1 and February 1 of the <br />fiscal year. If unpaid, such taxes become delinquent on September 10 and April 10, respectively, and a 10% <br />penalty attaches to any delinquent payment in addition to a $20 cost on the second installment. On July 1 of <br />each fiscal year any property which is delinquent will become defaulted. Such property may thereafter be <br />redeemed by payment of the delinquent taxes and the delinquency penalty, plus a redemption penalty of 11/2% <br />per month to the time of redemption, together with any other charges permitted by law. If taxes are unpaid for a <br />period of five years or more, the property is subject to sale by the County Tax Collector. The exclusive means of <br />enforcing the payment of delinquent taxes with respect to property on the secured roll is the sale of the property <br />securing the taxes for the amount of taxes which are delinquent. <br />The County has adopted the Alternative Method of Distribution of Tax Levies and Collections and of <br />Tax Sale Proceeds (known as the "Teeter Plan"), as provided for in Section 4701 et seq. of the Revenue and <br />Taxation Code of the State. Under the Teeter Plan, the County Auditor -Controller distributes 100% of tax <br />increment revenues allocated to each successor agency in the County without regard to delinquencies in the <br />payment of property taxes. As a result of this allocation method, the Successor Agency receives no adjustments <br />for redemption payments on delinquent collections. <br />Property taxes on the unsecured roll become delinquent, if unpaid on August 31. A 10% penalty <br />attaches to delinquent taxes on property on the unsecured roll, and an additional penalty of 11/2% per month <br />begins to accrue on November 1 of the fiscal year. The County has four ways of collecting delinquent unsecured <br />personal property taxes: (1) a civil action against the taxpayer; (2) filing a certificate in the office of the County <br />Clerk specifying certain facts in order to obtain a judgment lien on certain property of the taxpayer; (3) filing a <br />certificate of delinquency for record in the County Recorder's Office, in order to obtain a lien on certain <br />20 <br />SA -3-34 <br />
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