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05/01/2000 - Packet Tigard Budget Committee 2000 (Note: Items not completed at scheduled time will be held over to following meetings) May 1, 2000 6:30 p.m. Water Building Auditorium ■ Election of Officers ■ Deliver Budget ✓ Budget Message ✓ Vision Statements ✓ Council Goals ■ Financial Environment ✓ Financial Plan ✓ Upcoming Ballot Measures ■ Major New Initiatives ✓ Photo Radar ✓ Library ✓ Water Rates ✓ Building Funds Condition/Fees ✓ Urban Services Fund Condition ✓ Computer Systems Reserve ■ Public Comment BUDGET COMMITTEE MEETING May 1 , 2000 CITIZEN SIGN-IN 1 . __VA 2. 3. 4. 5. 6. 7. 8. 9. 10. • • • • • • • • rs FY 2000 - 01 Budget • • • 3 • Operating Budget Up 1 . 9% • 2 . 05 Additional FTE • No Operating Property Tax Increases • Assumes 3 % Water Rate Increase (FY 1999-00) recommended by plus IWB _ potential 10% increase in FY 2000-01 • Potential 5 1 % Building Fee increase • • • 3 fi a4, k di �wo, d � F} i • Adds 2 . 5 FTE — 1 position to serve Walnut Islands — 1 position to maintain staffing ratios — .5 position for Photo Radar enforcement • • • • • • • • • • • �a v • Maintainsprograms at FY 1999-00 level • . 3 FTE increase for Volunteer support and computer services • Contributes $400,000 to reserve for new Library . . . . . . 0 0 • • • R 3 'A"', - r3c1?N 3 H, b 5 X -ell • Position reductions to reflect downturn in building activity (3 FTE) • Second year of planned fee increases to maintain services at reduced level • • • � 3 ti • 3 % Rate increase as recommended by the IWB • Potential additional 10% rate increase under review • 1 additional Water Conservationposi ion • 1position transferred to Finance • • • 'Bee • 1position added mid-year FY 1999-00 • . 75p osition transferred from Water • Iposition for Municipal Court. for Photo Radar • • Total OBudget By Category 30,000,000 25,000,000 20,000,000 Cn ` 15,000,000 - - 0 10,000,000 5,000,000 0 Actual Actual Budget Proposed 1997-98 1998-99 1999-00 2000-01 ��—PersonaI Seryices Materials& Seryices Capital Outlay Cotal • • Total FTE 255.00 250.00 i 245.00 240.00 235.00 - 230.00 -- — - - � 225.00 - 220.00 215.00 210.00 Actual Actual Budget Proposed 1997-98 1998-99 1999-00 2000-01 • . . . • • • i Community Services Operating Budget By Department 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 — 2,000,000 - 1,000,000 0 Actual Actual Budget Proposed 1997-98 1998-99 1999-00 2000-01 �-Police -9—Library --A—Social Services/Community Events --X—Parks and Grounds • • • Community Services HE 80.00 70.00 60.00 50.00 40.00 30.00 20.00 ' 10.00 6.5 8:5 9:5 9.50 0.00 Actual . Actual Budget Proposed 1997-98 1998-99 1999-00 2000-01 Police Library ❑ Social Services/Community Events �[] Par�ksand • • Public Works Operating Budget By Division 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 0 Actual Actual Budget Proposed 1997-98 1998-99 1999-00 2000-01 -4-PW Administration -*-Sanitary Sewer --A-Storm Sewer Street Maintenance �Fleet Maintnenace ♦-Property Management �—Water • • Public Works FTE 18.00 1 1 16.00 1 14.00 ' 12.00 1 1 10.00 8.00 6.00 7. 0=r T 0 7. 0 ` 4.00 ,7 2.00 0.00 Actual Actual Budget Proposed 1997-98 1998-99 1999-00 2000-01 PW Administration ■ Sanitary Sewer ❑ Storm Sewer ❑ Street Maintenance Fleet Maintnenace 0 Property Management ■ Water • • • Development Services Operating Budget By Division 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 Actual Actual Budget Proposed 1997-98 1998-99 1999-00 2000-01 �--CD Administration —*—Building Inspection Current Planning —X—Long Range Planning Engineering —+-Street Lights • • Development Services FTE 20.00 18.00 16.00 14.00 1 12.00 10.00 8.00 6.00 ' 6.6 6. 6. 6. 4.00 0' .0 0 .0 2.00 0.000.00 Actual Actual Budget 0.00 Proposed 0.00 1997-98 1998-99 1999-00 2000-01 CD Administration Building Inspection ❑ Current Planning ❑ Long Range PlanningEngineering I Stre=Ughts --- - - • Council & Administration Operating Budget By Divisionf 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 Actual Actual Budget Proposed 1997-98 1998-99 1999-00 2000-01 -4—Mayor & Council —I—City Management --A—Human Resources —X—Network Services —�K—Risk Management • • Council & Administration FTE 6.00 5.00 --- 4.5 4.5 4.5. 4.00 3.5 3.503, 3.5 3.00 ' 3.5 2.00 ` 1.00 0.00 Actual Actual Budget Proposed 1997-98 1998-99 1999-00 2000-01 Mayor & Council 11 City Management 0 Human Resources ❑ Network Services III Risk Management • • Finance Operating Budget By. Division 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 Actual Actual Budget Proposed 1997-98 1998-99 1999-00 2000-01 -4-Finance Administration -2-Financial Operations -.A-Office Services --X-Records -IE-Municpal Court • • Finance FTE 12.00 10.00 8.00 6.00 I 4.00 4.0 4.0 4.0 4. 3.0 3.0 2 2:5 2.00 .5 _ 0.00 Actual Actual Budget Proposed 1997-98 1998-99 1999-00 2000-01 Finance Administration Financial Operations 0 Office Services 0 Records III Municpal Court • • f General Government Operating Budget By Function 300,000 250,000 200,000 150,000 100,000 50,000 0 Actual Actual Budget Proposed 1997-98 1998-99 1999-00 2000-01 �—�—Citywide Support —�—City Attorne� � e e Financial a ! • Forecast for the next five years • Applied standard growth assumptions: Personal Services 5% Materials & Services 2.5% Capital Outlay 3% • Departments projected program changes/additions • Updated forecast with FY 2000-01 Proposed Budget • Focus on General Fund 2 • General Fund fund balance strong over the forecast period, though declining • Water Fund fund balance declining, though remains positive , Assumes regular rate increases • Sewer and Storm Fund strong • Development Funds (Building, Electrical Inspection, & Urban Services) precarious 3 M tion to Taxpayer Protection Initiative 1 F 4 E q o........ .a..... ..... . .. :x.mM13 . . .. ....vim ... ,' . ,. ., • The following information is based on our current understanding. Interpretations may change with further legal review. • The Measure is poorly drafted • Blends the terms "taxes" and "fees" • Other terms are unclear or undefined • Based on incorrect assumptions about existing laws and requirements • Overlaid on existing law (Measure 50, Measure 5, etc.) • Will require legislative action or court interpretation to clarify 2 sy y • Filed by Bill Sizemore March 10, 1999 as Initiative #47 • Certified Ballot Title reads "Amends Constitution : Requires voter approval of most new and increased taxes, fees." • Similar to Measures 5 (1994), 20 (1996), and 1-695 recently approved in Washington. • Main differences from previous measures: — retroactive to December 6, 1998 — inappropriate tax or fee increases subject to refund — raising percentage required for voter approval of measures. 3 3 � J � ? .✓� t,>,4' '/h!„ � ? .. ,�,. ... Wiz-. . .. n. ,� ., r 6„ sew .�. . _, • People's right to approve all taxes "The purpose of this 2000 Amendment is to ensure that new taxes and tax increases, which further deprive citizens of income and property (emphasis added), are hereafter directly approved by the people. . .” • No fee increases without vote — No new tax or fee, or increase in any tax or fee (with certain exceptions) unless approved: • at an election in November of an even numbered year • or at any other election date which the legislature designates for approval of initiative measures. • Increased voter approval percentage — Tax or fee increases must be approved by not less than the percentage of participating voters who voted "Yes" on this 2000 Amendment. 4 M� p/ • Public Safety and Gas Tax Exempted from Super Majority — The following shall require only approval by a majority of those voting in the election: • a measure to renew an expiring tax levy, which levy solely funds police, fire, or 911 emergency services, the rate or amount of which levy is not greater than the rate or amount of the expiring levy. • a measure to increase the state motor vehicle fuel tax. • Removal of tax credits or exemptions considered an increase — Elimination of existing tax exemption, credit, deduction, exclusion, or cost-of-living indexing shall be considered a tax increase and shall be subject to this measure. • Double majority still applies — If the legislature designates additional election dates (i.e. allows additional election dates for initiative measures), double majority provisions of Measure 50 will apply. 5 Ki• Issues/Comments: • Subjects all obvious taxes, fees and charges to voter- approval with new percentage requirement, including local option taxes, utility rates and charges and permit and planning fees. • Unclear whether increased property tax revenues due to increases in value are subject to measure. • Unclear whether increases in taxes paid by property owners for levy- based taxes due to differential growth rates in valuation are covered by this measure. • Currently, measure allows votes only at general elections. Legislature would need to establish an annual date for approving statewide initiatives for more frequent election opportunities to exist. Continued 6 k Z • Issues/Comments (continued) • Public Safety is viewed as the primary mission of government, hence the exemption from the super-majority provision for renewal at the same rate or amount. Public Safety measures are still subject to the super majority if they are new or if they increase the rate or amount. • Exemption for gas tax is inconsistent with the rest of the measure. Why is it here? • If new elections granted, Measure 50 double majority provisions would still apply to new property taxes. � 1 � f TEM y • Ballot Title and Ballot Question Contents — The ballot title for a measure to adopt a new tax, fee, or charge; to approve a bond measure; or to increase an existing tax, fee, or charge, shall begin with the words: • "A `Yes' vote on this measure is a vote to increase taxes" — If the measure is a bond measure, the ballot question must contain a projection of the total cost of the bond, including interest thereon. 8 E� t vg • Issues/Comments • Language required specifies increasing "taxes," even in cases where measures addresses fees and charges. Governments will be required to tell voters something that is not true. • Projection of bond "cost" may be wildly inaccurate, especially if bonds are not to be sold for an extended period of time or are to be sold in series. • Will the size of the bond measure be limited by the total cost projection? (i.e. If interest rates increase dramatically, the total cost of the bond measure will increase. Will the size of the bond have to be lowered to keep within the total cost projection?) 9 ORNMIFIF 4,1" • Existing General Obligation Bonded Indebtedness Exempt — "Nothing in this section shall affect taxes levied for the repayment of bonded indebtedness approved by voters in an election held prior to Nov. 7, 2000, or the issuance of refunding bonds to pay such bonded indebtedness." 10 Kx s • Issues/Comments • The measure clearly exempts general obligation bonds approved prior to November 7, 2000, but. . . • It raises questions about validity of bonds approved at November 7, 2000 election by less than required percentage or without the proper ballot title wording. • Exemption only applies to "taxes levied for... bonded indebtedness". May not apply to revenue bonds, even if they have been previously approved by the voters. 11 • The following revenues shall not be considered new or increased taxes, fees, or charges. . . — user fees charged by Peoples' Utility Districts or port districts; — mass transit fares; — college or university tuition and fees; — incurred charges and assessments for local improvements (Measure 5); — pass through costs of wholesale inputs that are not government employee labor costs, or otherwise under the charging government's control; — fines or forfeitures for violation of law; — lottery revenue; — fees paid to official business and trade associations by those engaged in that business or occupation; — earnings from interest, investments, donations, or asset sales; and — competitively priced fees or charges for products or services which may be legally obtained from a reasonably available source other than government. 12 1 O � E�r 11 E ,4c / 101 u ' gyp i ,y • Issues/Comments • Incurred charges exemption may be helpful for some fees (development-related, possibly utilities). • Fines/Forfeitures exemption may give incentive to modify charges into fines. • Pass-through of increased wholesale costs -- may allow increases without a vote for costs "passed through" from one government to another (i.e. Portland water). • Exemption for "legally obtained from a source other than government" should apply to some park and recreation services (e.g., swimming pools). 13 #9k EEvh Ea 1x + E s4 E k N P1,71 WIMP,W • Retroactive Provision — Measure retroactive to December 6, 1998 — Any taxes or fees imposed or increased more than 3% during that time must be repealed or referred to a vote of the people "at the next election" — Past elections would now be subject to the new super-majority requirement. — Past elections may be subject to the new Ballot Title and Ballot Question wording requirements. • Refund Provision — If a tax or fee was imposed or increased more than 3% and not subsequently approved by the voters in conformance with this measure, the amount collected must be refunded "to the payer" 14 �E € y E Env f � RM A • Issues/Comments • Local option levies approved after December 6, 1998 and that increased taxes by more than 3% must be refunded unless originally approved by new percentage or subsequently re-approved. • Unclear if previous approval had to use new ballot title language. • Election to validate previous increase may be at. any election, not just general election. Not clear whether double majority provisions apply to re-approval. continued 15 • Issues/Comments (continued) • How will governments refund money to "the payer" when that information is not currently maintained (i.e. water billings, parking meters, etc)? • If revenue bonds are outstanding, increases in rates required by bond covenants to meet coverage ratios may be protected by contracts clause. However, funds collected over what is necessary to meet coverage may be subject to refund provisions. 16 EHa F� £1 Z E � , • Inflationary Increases — Increases since December 6, 1998 okay if they did not exceed 3% — Future increases are allowed "at a rate not greater than the rate of inflation" without a vote of the people. 17 • Issues/Comments: • With 3% provision, essentially allows for increase of approximately 1 .5% per year during period between December 7, 1998 and December 7, 2000. • Fees may be increased after December 7, 200 by the rate of inflation without a vote of the people. • "Rate of Inflation" is not defined. Depending on index used, this may be more or less useful. 18 k 4 F • Increased Taxes as a Result of Changes in Federal Law Increased Income Not Affected — This section shall not require a vote of the people when increases in government revenue occur solely due to: • a change in federal tax law, • increases in income, • or other changes in the circumstances of individual taxpayers • Existing Property Tax Limitations Still Apply — Nothing in this section shall be construed as authorizing an increase in the tax on a property tax in an amount greater than allowed under Article XI of this Constitution. • Government may temporarily suspend or lower a tax or fee, and then later increase it to the level allowed by this measure without a vote. 19 i Et f rnrn h 1> • Issues/Comments • Exemption for increases in revenue due to increases in income should allow State to collect income tax based on current system. • Not clear whether increases in local government property taxes due to growth in value is exempt under this section. They may not be "change in the circumstances of an individual taxpayer." • Measure does not address change in taxes attributable to annexations. 20 ~� WIN �� . .y N`1 �... • 55014' 1 M MI State Authority to Override — The Legislature and Governor may: • Override this section and call for a special election date other than the date(s) set forth in this section, or • Enact by law particular taxes, or authorize particular local taxes, fees, or charges without a vote of the People. IF • Such taxes are approved by a three-fourths vote in each house and signed into law by the Governor. • The tax authorized is designated for a specific purpose. • The tax shall be in effect no longer than twelve months. • The tax will be subject to referendum. 21 • Issues/Comments: • Ability to achieve 3/4 majority plus Gubernatorial approval seems remote. • Best case is one year tax. • Impractical timing: No provision for dealing with years when Legislature not in session. Section 1 a of Article IX requires waiting 90 days after sine die for a tax measure to be effective. Therefore, delays in collection of additional revenue, may be substantial. • Local tax may be approved, but not clear on collection mechanism and how it is coordinated with other constitutional provisions. Measure 50 limitations still in effect for property taxes. • If the measure is subsequently referred to voter and not approved, the tax or fee will be subject to refund provisions. 22 • Local Authority to Override — A city county, or local taxing district may override this section for a period not exceeding twelve months, — IF — A local emergency is declared by the Governor — The override is approved by not less than a three-fourths vote of the members of the local governing body, — The continuation of the tax for any remainder of the twelve months is approved by voters voting in an election held within ninety_ (90) days of the date the emergency is declared, — The tax or fee is otherwise adopted in conformance with this section. 23 t ii AW} t\* 3t r /y r Ism ii , < � .,t . • Issues/Comments • Election problems - may not be able to -hold an election within 90 days under current law or in an emergency situation. • Voter approval subject to adoption "in conformance with this section," which probably means both the higher percentage and possibly requiring voting at a general election, which would render the local override provision mostly meaningless. • If measure is subsequently not approved by voters, the tax or fee will be subject to refund provisions. 24 w- � k F H y .✓Y"' ,aa y �" s �" 9 sem' :�i �F Ni I MRS • Penalties - 6% Interest, Plus Cost of Living — Amounts collected in violation of this measure shall be refunded, along with: • Interest, computed as the cost of living change plus six percent per year, compounded • In some cases, credits may be substituted for refunds — If the cost of issuing the refund is more than 20% of the amount of the refund, a credit may be issued to the appropriate taxpayers. 25 • Issues/Comments • "Cost of living change" undefined. • Would penalty be assessed for refund of fees, taxes collected during retroactive period when when the collection was allowed? • Issuing credits to taxpayers may not be an option. — If the inappropriate fee is one-time or periodic rather than on- going, how would a credit be issued? — What happens if the payer has moved out of the jurisdiction and will, therefore, have no future charges to credit against? • The money for paying the costs of the refunds or paying the penalties cannot be netted out of the refund. This creates an additional burden on other revenues. 26 • "Other Financing Mechanisms" that do not increases taxes or fees may be subject to a vote — "Because governments have at times been creative at redefining terms, or otherwise creating new funding mechanisms in order to circumvent limitations (emphasis added)... the legislature...and the courts...shall apply the strictest scrutiny to any new or renamed government funding mechanism. . ." — "Certificates of participation and all such funding mechanisms shall be subject to the same limitations and requirements as a bond measure" 27 6 �W ..«:. • Issues/Comments • Certificates of Participation and "other financing mechanisms" are used by governments to finance major equipment and capital facilities at advantageous interest rates over time without increasing taxes. • Does "other financing mechanisms" include revenue bonds? • Suggests that even if certificates of participation, or other "funding mechanisms," have no impact on increasing taxes, fees or charges, still subject to voter approval. 28 R � Mcg F • Standing to bring suit — Any Oregon taxpayer affected by a new or increased tax, fee, or charge has standing to challenge it or the election authorizing it. — Such an action must be started within ninety (90) days after the earlier of • (i) the date on which the election approving the tax, fee, charge or bond is held; or • (ii) the date on which the tax, fee, or charge is first imposed or the bond is approved for issue. • Award of attorney's fees — The court shall award attorney fees to the prevailing taxpayer, or — If the action is found to be frivolous, to a prevailing government party. 29 • Issues/Comments • Language of the measure is unclear. This creates a large potential for suits. • The 90 day provision for legal challenges may cause delay in the issuance of bonds, as issuers may want to let period run after obtaining voter approval before the bonds are issued. • Unequal treatment of attorney's fees encourages citizen litigation. Citizen receives attorney's fees if they prevail; governments receive fees only if the citizen suit is "frivolous." 30 r Jul r Cis .,4. ,: ,;ate gat • The retroactive & refund provisions are a major problem area. — Money was collected legally (under rules that currently exist) and has been spent. — Refunds may be payable from any source — e.g., even if the fee or charge came from the Sewer Fund, the General Fund might have to provide the reimbursement if there are insufficient dollars in the Sewer Fund to do it. — Difficulty in identifying "payer." — Local option taxes approved at any election between December 1998 and December 2000 that increased taxes more than 3% will invalidated if they were not approved by at least the percent that the measure was approved by. 31 d • Typical result: library fines, cafeteria increases, parking meter increases and/or placement of new parking meters; planning fees; permitting fees — are all potentially subject to voter approval. • November 7, 2000 general obligation bond elections may also be invalid — if they are not approved by the same percentage as the measure itself — if measure does not contain the appropriate wording Most bond counsel think that bond measures will be OK if the bonds are sold prior to prior to December 8. However, best case is that municipalities will have to sell all bonds in one month period of time -- a practical impossibility. • Exemption for "incurred charges" may exempt some fees and some utility charges. Under Measure 5, a property tax was exempt from the limits if it could be classified as an incurred charge (avoidable, equal to the actual cost of providing the service). Requires a legal interpretation. 32 )J I I,in l P! I 1 f;F! i i t!:.3AXPAYER PROTECTION INITIATIVE Be it enacted by tie Fseo�eo( the State oCOiegon: The Constitution of the State of Oregon is amended by creating a new, Section 32a in Article 1, which section shall read_ Section 32a. People's right to approve all tames.The purpose of this 2000 Amendment is to ensure that new taxes and tax increases, which further deprive citizens of income and property, are hereafter directly approved by the people. Therefore, except as provided in Section 6 of Article IX,any new tax,fee, or charge,or increase in an existing tax, fee,or charge,shall require approval by the people, as follows: (1)(a) No new tax,fee,or charge shall be imposed, assessed or levied,and no existing tax,fee or charge shall be increased by the state or any local government or taxing district,unless the new tax,fee, or charge,or increase thereof is first approved in an election held on the fust Tuesday after the first Monday of November of an even numberled year,or any other election held on a date which the state legislative assembly has designated as an annual election date on which measures may be placed on the statewide ballot by initiative petition,and the new tax,fee,or charge,or increase thereof is approved by not less than the percentage of participating voters who voted"Yes"on this 2000 Amendment For purposes of this section and subject to subsection(5)of this section,the following shall require only approval by a majority of those voting in the election: (i)a measure to renew an expiring tax levy, which levy solely funds police,fire,or 911 emergency services,the rate or amount of which levy is not greater than the rate or amount of the expiring levy,and(ii)a measure to increase the state motor vehicle fuel tax. (b)The ballot title and official voters pamphlet explanatory statement for a measure to adopt a new tax,fee,or charge;to approve a bond measure;or to increase an existing tax,fee,or charge,shall begin with the words: A"Yes"vote on this measure is a vote to increase tames. The question submitted to voters also shall clearly describe the proposed new tax, fee;or charge,or increase thereof, if the measure is a bond measure,a projection of the total cost of the bond,including interest thereon;and revenue the measure would produce annually. (c)Nothing in this section shall affect taxes levied for the repayment of bonded indebtedness approved by voters in an election held prior to Nov.7,2000,or the issuance of refunding bonds to pay such bonded indebtedness. This section does not require voter approval for the issuance of,or the levy of taxes to pay,bonds issued to repay bonds issued prior to the effective date of this section or issued in conformance with this section. (2)For purposes of this section,any elimination,limitation, or reduction of a tax exemption, credit,deduction,exclusion,or cost- of-living indexing shall be considered a tax increase. (3)The following revenues shall not be considered new or increased taxes,fees,or charges for the purposes of this section: uses fees charged by Peoples' Utility Districts or port districts;mass transit fares;college or university tuition and fees;incurred charges and assessments for local improvements as defined by Article X1 Section l lb of this Constitution; increases in charges for government products and services solely to pass through increased costs of wholesale inputs that are not government employee labor costs, or otherwise under the charging government's control;fines or forfeitures for violation of law, lottery revenue;fees paid to official business and trade associations by those engaged in that business or occupation;earnings from interest, investments, donations,or asset sales; and fees or charges for products or services which may be legally obtained from a reasonably available source other than government, provided that the new or increased fee or charge for the product or service is not greater than the average private sector charge for the same product or service in the same market- (4)(a) arket(4)(a) If in the two years previous to the effective date of this section, an existing tax,fee, or charge was increased more than three percent(3%), or a new tax, fee, or charge was adopted or first imposed, the increase in the existing tax,fee, or charge, to the extent it exceeded a three percent increase,and any new tax,fee, or charge, shall be either repealed or submitted to the voters for approval at the next election, if the new or increased tax,fee or charge was not approved by at least the percentage of voters required in paragraph(a)of subsection(1)of this section. If a new tax fee or charge was imposed, or an existing tax, fee, or charge increased in the two years previous to the effective date of this section, and the new tax,fee, or charge or increase in an existing tax, fee, or charge, was not approved in conformance with this section, and not approved by voters at the next election, the amount of the new tax, fee, or charge or excessive increase collected shall be refunded to the payer. Taxes to pay voter appsuved bonded indebtedness, and taxes,fees, and charges listed in subsection (3) of this section are exempt from the requirements of tlus paragraph(a) of this subsection (4). (b) Provided that the amount of a fee or charge does not exceed the acetal cost of providing the product or service the following fees and charges may be increased at a rate not greater than the rate of inflation since the effective date of this section,without a public vote: (i)charges and fees in effect on or before December 6, 1998; (ii)charges and fees first adopted or first effective after December 6, 1998, if adopted in accordance with this section_ (5)Nothing in this section shall be construed as nullifying the requirement in Section 11 of Article XI of this Constitution that elections for property tax measures,which are voted on in an election held on a date other than the general election,achieve not less than fifty percent(50%)voter participation to be valid (6)(a)This section shall not require a vote of the people when increases in government revenue occur solely due to a change in federal tax law, increases in income,or other changes in the circumstances of individual taxpayers. Nothing in this section shall be construed as authorizing an increase in the tax on a property tax in an amount greater than allowed under Article)a of this Constitution. (b) If,after the effective date of this section,a government temporarily suspends or voluntarily lowers a tax,fee,or charge;the tax, fee or charge may be increased later,without a public vote,to the rate or amount it would have been under this section had the suspension or reduction not occurred (7)(a) Subject to Section la of Article IX,the Legislative Assembly and Governor may override this section and call for a special election date other than the date(s)set forth in subsection(1)of this section,or may enact by law particular taxes,or authorize particular local taxes,fees,or charges without a vote of the People if such taxes are approved by a three-fourths vote in each house and signed into law by the Governor. Any tax authorized or enacted by such action shall be designated for a specific purpose and shall be in effect no longer than twelve months.Any tax,fee,or charge imposed under this subsection shall be subject to referendum (b) Subject to Section la of Article 1X of this Constitution,if a local Emergency is declared by the Governor,the affected city, county,or local taxing district may override this section for a period not exceeding twelve months,if: (i)the override is approved by not less than a three-fourths vote of the members oethe local governing body,,and(ti)the continuation of the tax for any remainder of the twelve months is approved by voters voting in an election held within ninety(90)days of the date the emergency is declared,and otherwise adopted in conformance with this section. (8) The public shall be given reasonable opportunity to comment on the proposed ballot title for any measure to create a new tax, fee,or charge or increase an existing tax,fee,or charge. The ballot title may be challenged in court;and shall be rejected if it is biased,inaccurate,not easily understood,or does not comply with paragraph(b)of subsection(1)of this section. (9)A government that levies taxes,fees,or charges in violation of this Section 32a shall refund the amount of any tax, fee,or charge collected in violation of this section,plus interest,to taxpayers in the twelve months following the determination of violation. Interest paid shall be computed as the cost of living change plus six percent per year,compounded for the period from collection of the tax,fee,or charge to payment of the refunds. if the cost of issuing the refund is more than twenty pm=nt(201/o) of the amount of the refund,a credit may be issued to the appropriate taxpayers. (10) Because governments have at times been creative at redefining terms,or otherwise creating new funding mechanisms in order to circumvent limitations placed upon them by the people,the legislature,in implementing this section,and the courts in interpreting it,shall apply the strictest scrutiny to any new or renamed government funding mechanism;and shall require in every reasonable circumstance voter approval as required in this section for new or increased taxes,fees,or charges,regardless of the creativity used by the government in designing or naming the funding mechanism. Under this section,certificates of participation and all such funding mechanisms shall be subject to the same limitations and requirements as a bond measure. (11)Any Oregon taxpayer affected by a new or increased tax,fee,or charge or bond issue subject to this Section 32a has standing to challenge it,and/or the election authorizing its imposition,by court action commenced in any county-in which the taxing entity is located If the election is held,a tax,fee,or charge is imposed,or a bond is approved,in material violation of this section or any implementing legislation,the court shall declare the tax,fee,charge or bond void Such an action shall be commenced within ninety(90)days after the earlier of(i)the date on which the election approving the tax,fee,charge or bond is held;or(ii)the date on which the tax,fee, or charge is first imposed or the bond is approved for issue. The court shall award reasonable attorney fees and costs to the prevailing taxpayer,or if the action is found to be frivolous, to a prevailing government party. (12) If any phrase,clause,or part of this Amendment is invalidated by a court of competent jurisdiction, the remaining phrases, clauses, and parts shall remain in full force and effect. If any provision of this Amendment is found to violate or infringe upon a right of any person or group under the U.S. Constitution,the provision shall remain in full force and effect for all other persons or groups for which no infringement has been found CN 1H1S!7\A -liHd