The effect on future property tax assessments is less clear. A dissolved district may not continue to levy and collect property taxes. Under one theory, the increment of property taxes that had been apportioned to the dissolved district would be redistributed among other public agencies within the tax rate area. A second theory holds that this increment would no longer be collected, so that each property’s assessment would be lowered by that amount. There is no definitive case law or Attorney General opinion on this point.
The question of distribution of District assets in the dissolution process needs to be addressed. A credit to taxpayers would be my choice.
Following
courtesy of the 2000-2001 SMC Civil Grand Jury
http://www.sanmateocourt.org/court_divisions/grand_jury/2001reports.php?page=00sequoia.html)
Background:
|
In November of 1946 a ballot issue passed forming the Sequoia Hospital District generally comprising the area from the southern San Mateo County line to northern Belmont. It read:
The campaign literature* accompanying the ballot clearly stated the tax would support the operation of a hospital that would be built from funds generated by subsequent bond issues. The newspaper ads and editorials stated that the district would have a governing board to run the hospital and present a bond issue to build the hospital, and that the tax levies stemming from this ballot measure would be for the maintenance of the district of which the main asset would be the hospital. Since that time there have been multiple bond issues to construct and build additions to the hospital that opened in October 1950. The initial property tax levy in 1947 for the maintenance of the district including the soon to be built hospital was $46,578. Today, tax revenues exceed $4 million annually. It would be helpful if you could provide me with a copy of the Hospital District Law as it existed at that time. Also, would you please request an Attorney General's Opinion on whether the entity known as the Sequoia Healthcare District was properly created with voter approval pursuant to the Healthcare District Law
Jack Hickey
Hickey Graham & Stogner for SHCD 2010
|