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    News

    LBReport.com Learns Calling Special Nov. 08 Citywide Election For Parcel Property Tax Would Cost Over $400,000...And Howard Jarvis Taxpayers Ass'n Says Proposed Measure Is Unconstitutional & Will Sue If It's Enacted


    (July 15, 2008) -- LBReport.com has learned that calling a special citywide election (consolidated with the November General Election) to put Mayor Bob Foster's desired parcel property tax on the ballot would cost LB taxpayers roughly $400,000. The information comes via the City Clerk's office.

    Calling a near half-million dollar special citywide election isn't required if City Hall simply waits until the next regularly scheduled citywide election in April 2010.

    As previously reported by LBReport.com, calling a costly special election requires (under Prop 218) a unanimous Council vote declaring that an "emergency" exists.

    LBReport.com has separately learned that the Howard Jarvis Taxpayers Association, which has examined City Hall's proposed parcel property tax ordinance, says it considers the measure unconstitutional...and indicates it will take City Hall to court if the measure is enacted.

    Jon Coupal, President of the Howard Jarvis Taxpayers Association, told LBReport.com:

    "This proposed ordinance is clearly unconstitutional...[It violates] Article XIII of the California Constitution requiring property taxes to be based on an ad valorem basis...It would take a very short time to get a court to throw this out, even if approved by the voters...All [legal] parcel taxes are for a special purpose requiring a two-thirds vote. They therefore qualify as "special taxes" under Prop 13. What is illegal is a non-ad valorem property tax for a general purpose."


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