Chapter 4.42

TAX AND BUDGET PROCEDURE*

Part 2

Sections:

CREDIT FACILITIES FOR SAN JOSÉ CLEAN ENERGY

Sections:

• 4.40.080 Authorization of credit facility.

The City is authorized and empowered to do all of the following:

• A. Obtain one or more Credit Facilities to secure the performance of San José Clean Energy under a Transaction or to provide working capital to fund San José Clean Energy's operations under Title 26 of this Code.

• 4.42.020 Matters preceding Ordinance 2340.

• 4.42.030 Fiscal year established.

• 4.42.040 Budget procedures.

Pursuant to the provisions of Section 62 of the Charter, and Ordinance 2340, adopted November

*State law references— For statutory provisions on the transfer of charter city functions of assessment and tax collection to the county, see Gov. Code § 51540 et seq.; for Charter provisions on the fiscal year and use of the county tax system, see Charter §§ 1200 and 1201.

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SAN JOSÉ CODE

§ 4.42.010

2, 1931, the city hereby elects to avail itself of all the provisions of an act of the Legislature entitled: "An Act to Provide for the Assessment of Property in Cities Governed under Freeholders' Charters, Framed under the Provisions of the Constitution of this State, for the Municipal Taxes of such Cities, and for the Equalization and Correction of Such Assessment by County Officers, for the Collection and Enforcement of the Payment of such Taxes, including Delinquent Taxes, by such Officers, for the Sale and Redemption from Sale of Property Sold for the Non-payment of such Taxes, and for the Performance by County Officers of the Duties of Officers of such Cities respecting said Matters; and to Provide for the Compensation to be paid by such County Officers for such Cities under the Provisions of this Act," approved June 6, 1913, as amended by the acts amendatory thereof, and supplemental thereto, and to have the duties of its officers with respect to the assessment of property in said city for municipal taxes thereof, to the equalization and correction of the written assessment, to the collection, payment and enforcement of such taxes, including delinquent taxes and the redemption of such property from the sale or other penalty, for the nonpayment of such municipal taxes, performed by the officers of the county of Santa Clara, being the county in which said city is situated. (Prior code § 2500.)

Nothing contained in this chapter shall be deemed to impair the power or authority of any officer of the city or of the county to perform any duties of the character set forth in the immediately preceding Section 4.42.010, or any other duties in connection with the matter of taxation, with reference to taxes levied or property assessed prior to the effective date of Ordinance 2340. (Prior code § 2501.)

Pursuant to Section 63 of the Charter, the city council does hereby determine that from and after July 1, 1957, the fiscal year shall commence on July

1st and end on June 30th. The transition from the fiscal year ending on August 31, 1956, to the new fiscal year beginning July 1, 1957, shall be accomplished by, and the council does hereby establish, a ten-months' fiscal year beginning on September 1, 1956, and ending on June 30, 1957. (Prior code § 2502.)

From and after July 1, 1957, the following provisions shall govern the preparation, submission and review of the annual budget and the estimate of revenues and expenditures of the city for the succeeding years:

• A. The city manager shall submit his estimate of revenues and expenditures, pursuant to Section 63 of the Charter, to the city council not later than the first day of June of each fiscal year; and said city manager shall procure, as soon as available each year, a certificate showing the total value of all property assessed for taxation within the limits of the City of San José, and he shall lay the same before the city council prior to its final adoption of the annual budget.

• B. The city council shall hold at least one public hearing for consideration of the budget. At the time that said council finally passes the annual budget, and no later than September 1st of each fiscal year, the council shall adopt an ordinance setting forth the proper levy in cents and mills upon each one hundred dollars of assessed valuation of all taxable property in the city necessary, in conjunction with the revenue derived from such other taxes, licenses and other sources of income as may be authorized by law and ordinance, to raise the amounts estimated to be required in the annual budget.

(Prior code § 2503.)

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REVENUE, FINANCE AND BUSINESS TAXES

§ 4.46.020