§ 1403.

PURPOSE

Pursuant to Division 12.5 of the Public Utilities Code, the San Francisco County Transportation Authority, upon the unanimous recommendation of the Expenditure Plan Advisory Committee established by the Authority, has recommended that the Board of Supervisors submit to the voters of the City and County of San Francisco for their approval an ordinance which would, if so approved, continue in effect the existing local transactions and use tax of one-half of one percent approved by the voters as Proposition B at the November 7, 1989 election; authorize implementation of a New Transportation Expenditure Plan setting forth the projects to be funded over the next 30 years with revenues from the continuation of the tax; continue in effect the San Francisco County Transportation Authority; and authorize the San Francisco County Transportation Authority to issue limited tax bonds in a total outstanding aggregate amount not to exceed $1,880,000,000. Hence, this ordinance should be interpreted so as to achieve the purposes set forth herein:

a.

To continue in effect the San Francisco County Transportation Authority.

b.

To continue in effect the existing one-half of one percent transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the California Revenue and Taxation Code and Sections 131100 et seq. of the California Public Utilities Code, which directs the County Board of Supervisors to adopt the tax ordinance for voter approval, exercising the taxing power granted to the San Francisco County Transportation Authority in Public Utilities Code Section 131102 on behalf of said Authority.

c.

To implement a New Transportation Expenditure Plan which supersedes the existing Transportation Expenditure Plan adopted in 1989, sets forth the transportation projects, programs and other improvements to be funded over the next 30 years with the revenues resulting from the continuation of the tax, specifies eligibility and other conditions and criteria under which such revenues shall be made available, and makes provisions for the adoption of future expenditure plan updates.

d.

To incorporate provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.

e.

To impose a transactions and use tax and provide a measure therefor that can be administered and collected by the State Board of Equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the California State Sales and Use Tax.

f.

To authorize administration of a transactions and use tax in a manner that will, to the highest degree possible consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes and at the same time minimize the burden of recordkeeping upon persons subject to taxation under the provisions of this ordinance.

g.

To improve or cause the improvement, construction, maintenance, operation, development of and/or planning for, transportation projects facilities and/or programs contained in the New Transportation Expenditure Plan recommended by the Expenditure Plan Advisory Committee and adopted by the Board of Supervisors of the City and County of San Francisco, which plan is incorporated here by this reference as though fully set forth herein, and as that Plan may be amended from time to time pursuant to applicable law.

h.

To continue this tax pursuant to the authority granted by Section 131102 of the Public Utilities Code, permanently and subject to approval of future updates of the New Expenditure Plan pursuant to Section 131056 of the Public Utilities Code.

i.

To authorize the issuance from time to time of limited tax bonds not to exceed a total outstanding aggregate amount of $1,880,000,000 to finance the projects specified in the Plan.

j.

To establish an expenditure limit for the Authority pursuant to California Constitution Article XIII B.

History

(Added by Ord. 267-89, App. 7/27/89; amended by Proposition K, 11/4/2003)

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