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9. Coordinate with the City Finance Department to send the annual assessment <br /> information to the County Assessor for inclusion on the subject parcels' property tax <br /> bill (Alameda County must receive annual assessment totals prior to August 1 each <br /> year). <br /> 10. Transfer City administration costs from the Assessment District Account to the City's <br /> General Fund. <br /> 11. Transfer assessments on City-owned parcels from the General Fund to Assessment <br /> District accounts. <br /> Effects of Proposition 218 <br /> Proposition 218, commonly referred to as the "Right to Vote on Taxes Act," was passed <br /> by the voters on November 1996. The Proposition amends the State's Constitution by <br /> adding Articles XIII(C) and XIII(D) to do the following: <br /> Limit the authority of local governments (including cities, counties, special districts, <br /> school districts, and redevelopment agencies) to impose taxes and property <br /> related assessments, fees, and charges. <br /> Establish procedures for implementing annual assessments which includes benefit <br /> assessments, special assessments, and maintenance assessments, etc. The <br /> procedures include a requirement that the City develop an engineering report <br /> which identifies the benefit that will accrue to each individual property as a result <br /> of the assessment. Further, subject to certain exceptions, it establishes that the <br /> majority of the property owners in the assessment district must vote in favor of the <br /> assessment for it to be implemented each year. Fees or charges for sewer, water, <br /> and refuse collection services are exempted from the Proposition. Further, general <br /> tax assessments for police, fire, and emergency medical programs are prohibited. <br /> If an assessment district was formed prior to Proposition 218 and pursuant to a petition <br /> signed by the property owner(s) of all the parcels subject to the assessment, the district <br /> is exempt from the requirement that a majority of the property owners must vote each <br /> year in favor of the assessment. Here, all the existing Lighting and Landscape <br /> Assessment Districts were formed pursuant to such a petition prior to the passage of <br /> Proposition 218. The City is currently following the process set forth in Proposition 218 <br /> to consider increasing the assessments as there have been no increases in the <br /> assessments since 1996 (whereas inflation from 1996 to 2017 has averaged 2.12%) <br /> resulting in a shortfall between available funding and maintenance/improvement <br /> requirements. <br /> Existing assessment districts must comply with Proposition 218's requirement that only <br /> special benefits, not general benefits, may be assessed when evaluating Lighting and <br /> Landscape Maintenance Districts. The definition of a special benefit is "a particular and <br /> distinct benefit over and above general benefits conferred on real property located in the <br /> district or to the public at large." General enhancement of property value does not <br /> constitute "special benefit." To the extent an assessment provides both general benefits <br /> Page 3 of 7 <br />