90-190 RESOLUTION NO. 90R-190
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING A REVISION TO THE BASE YEAR
APPROPRIATIONS LIMITATION
WHEREAS, the voters of California on November 6, 1977
added Article XIII B to the State Constitution placing various
limitations on the appropriations of the state and local
governments; and
WHEREAS, each year the City is required, by resolution,
to establish its appropriations limit and make other necessary
determinations for the following fiscal year pursuant to Article
XIII B of the State Constitution; and
WHEREAS, when the City Council of the City of Anaheim
established the initial 1978-1979 appropriations limit, the
calculation therefor deemed franchise fees paid to the City to be
"proceeds of taxes" as such term is defined in Section 8 of
Article XIII B of the State Constitution and, thus, such fees were
included in the initial calculation; and
WHEREAS, on April 18, 1989 the California Court of Appeal
for the Second District rendered its decision in Santa Barbara
County Taxpayers Association rs. Board of Supervisors for the
County of Santa Barbara (209 Cal. App. 5rd 940), which decision is
now final, holding, among other things, that franchise fees paid
to a governmental entity are not "proceeds of taxes" under the
constitutional provision limiting the amount of tax revenues a
government entity may spend each year and such fees are not
required to be included as funds subject to the appropriations
limit; and
WHEREAS, based upon the Santa Barbara Taxpayers
Association case, it is deemed necessary for the City of Anaheim
to recalculate the base year appropriations limitation in order to
conform to the holding in said case; and
WHEREAS, recalculating the 1978-79 base year
appropriations limits changes the 1989-90 adopted limit from
$121,755,958 (which amount includes franchise fees in its
calculation) to $121,119,474 (which amount excludes franchise fees
in its calculation).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that, in accordance with the findings contained
herein, the Article XlII B of the State Constitution base and
subsequent year appropriations limitation be, and the same is
hereby, recalculated and revised to exclude franchise fees paid to
the City.
BE IT FURTHER RESOLVED, that, based on such
recalculation, the revised appropriation limit for fiscal year
1989-90 is $121,119,474.
AND BE IT FURTHER RESOLVED that, in calculating the
appropriations limitation for years subsequent to 1989-90,
franchise fees shall not be included in such limitation as
"proceeds of taxes."
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 12thday of June, 1¢90.
ATTBST:
CITY CLBRK OF TH Y OF ANAHEI~
ROF:lm
3682L
CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 90R-190 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 12th day of June, 1990, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Ehrle, Daly, Kaywood, Pickler and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 90R-190 on the 13th day of June, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 13th day of June, 1990.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 90R-190, duly passed and
adopted by the Anaheim City Council on June 12, 1990.
CITY CLERK OF THE CITY OF ANAHEIM