HomeMy WebLinkAboutMaintenance District - Prop 218Manny,
Based on what we discussed, it would not be a Prop 218 violation if we
charged churches within the district the 1 EDU rate. There is a case I
found that would allow a city to charge churches, non-profits the lower
rate as long as we are not passing on the difference to the other
property owners within the district. The court ruled that: Discounted
special assessments on nonprofit organizations, for a district created
to levy assessments on properties within district to fund certain
services for those properties, did not violate constitutional
requirement that assessments not exceed “the reasonable cost of the
proportional special benefit conferred on that parcel”; discounted
assessments on non-profits did not cause assessments on remaining
parcels to exceed reasonable cost of proportional special benefit
conferred on those parcels. Dahm’s v. Downtown Pomona Property et. Al.
(2009)
The court reasoned that Article 13D (Prop 218) does not require that the
assessment be no less than the reasonable cost of the proportional
special benefit conferred on the parcel. That is, article 13D leaves
local governments free to impose assessments that are less than the
proportional special benefit conferred—in effect, to allow discounts.
However, a discount on a parcel could run afoul of the constitution, if
it caused assessments on other parcels to exceed the cost of the
proportional special benefit. Let me know if you have any further
questions.
Josh
Joshua H. Rudnick, Esq.
Deputy City Attorney
City of Bakersfield
1600 Truxtun Avenue, 4th Floor
Bakersfield, CA 93301
(661) 326-3627
Fax (661) 852-2020
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