Resolution Setting the City of Livingston’s Gann Appropriation Limit for Fiscal Year 2013-2014.

Meeting Date: March 18, 2014

Agenda Item #12. Resolution Setting the City of Livingston’s Gann Appropriation Limit for Fiscal Year 2013-2014.

Note from TheGardeningSnail: Parts of this page may have been prepared by running a PDF file through a program that converts Image to Print. So there may be a few textual Gremlins that have slipped in. I may also have broken up some of the longer paragraphs, for easier reading.

STAFF REPORT

AGENDA ITEM: Resolution Setting the City of Livingston’s Gann Appropriation Limit for the Fiscal Year 2013-2014

MEETING DATE: March 18, 2014

PREPARED BY: Odi Ortiz, Assistant City Manager/Finance Director

REVIEWED BY: Jose Antonio Ramirez, City Manager

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RECOMMENDATION:

Staff recommends that City Council approve Resolution No. 2014-_, adopting the Annual Gann Appropriations Limit for the City of Livingston’s Fiscal Year 2013/2014.

BACKGROUND:

Revenue and Taxation Code Section 7910 requires each local government to establish its Appropriations Limit by resolution each year at a regularly scheduled meeting or a noticed public meeting.

In November 1979, the voters of the State of California approved Proposition 4, commonly known as the (Paul) Gann Initiative. The Proposition created Article XIII B of the State Constitution placing limits on the amount of revenues, which can be spent by all entities of government. The limit is based on actual appropriations during the 1978/1979 Fiscal Year and increased each year using the growth of population and inflation.

FISCAL IMPACT:

Resolution No. 2014-_ will set the City’s Gann Appropriation Limit at $4,101,741 for the Fiscal Year 2013/2014.

ATTACHMENTS:

1. Resolution No. 2014- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON SETTING THE CITY OF LIVINGSTON’S GANN APPROPRIATION LIMIT FOR THE FISCAL YEAR 2013/2014.

RESOLUTION NO. 2014-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON SETTING THE CITY OF LIVINGSTON’S GANN APPROPRIATION LIMIT FOR THE FISCAL YEAR 2013/2014

WHEREAS, Article XIII B of the California Constitution created by Proposition 4 passed by the voters in 1978, requires that local governments establish spending limits on funds raised through the proceeds of taxes; and

WHEREAS, Proposition 4 established the 1978-79 Fiscal Year as the base year, limiting future spending from the appropriation of taxes to the base year amount, adjusted by the increase in population and the cost of living; and

WHEREAS, Senate Bill 1352, Chapter 1205, 1980, statutes adds Revenue and Taxation Code, Section 7910 which requires each local government to establish its Appropriation Limits by resolution each year at a regularly scheduled meeting; and

WHEREAS, any challenge to the Appropriation Limits as per the above-mentioned government codes must be brought to the City of Livingston’s attention within forty-five (45) days of the effective date of this resolution.

NOW, THEREFORE, BE IT RESOLVED

1. That the City Council of the City of Livingston hereby sets the Appropriation Limit from the proceeds of taxes, at $4,101,741 for the Fiscal Year 2013/2014, as per attached Exhibit "A".

2. All resolutions and parts of resolutions in conflict herewith, including, but not necessarily limited to, such resolutions or parts of resolutions relating to the Appropriation Limit, as may be in conflict herewith are hereby expressly repealed.Passed and adopted this l8th day of March, 2014, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

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Rodrigo Espinoza, Mayor of the City of Livingston

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ATTEST:

I, hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a regular meeting of the City Council of the City of Livingston this 18th day of March, 2014.

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Antonio Silva, City Clerk of the City of Livingston

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