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MUNICIPAL FINANCING AND TAXATION

Shute, Mihaly & Weinberger LLP advises public agencies on methods for funding public projects, including taxation, assessment districts and development fees.

• The firm assisted the Sacramento Area Flood Control Agency in successfully forming a Proposition 218 assessment district to fund flood control improvements at Folsom Dam and along the American River. The district includes more than 80,000 properties in eight benefit zones. The firm also worked with SAFCA to structure a development fee to be imposed in conjunction with the assessment district, and in forming a Mello-Roos Community Facilities District to finance separate improvements.

• The firm successfully defended an assessment district formed by the City of San Buenaventura to perform dredging and maintenance of boat channels in a waterfront subdivision. The lawsuit included allegations of illegal taxation under Proposition 13. The firm also advised the City throughout the assessment district formation process.

• The firm has advised local jurisdictions and special districts, including the Cities of Sacramento and San Diego, the County of Sacramento, the Sacramento Area Flood Control Agency, and the Tri-City and County Regional Park and Open Space Group, concerning the various mechanisms available to fund programs such as low income housing, operation and maintenance of flood control improvements, and parks and open space acquisition and operation. The firm also has advised special districts regarding open space and other special use taxes, and the implications of various proposed statewide ballot measures that would affect the taxing powers of municipalities and special districts.