|
50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce
<br />the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such
<br />businesses, as contained in the resolution of intention, shall be taken for a period of one year from the date
<br />of the finding of a majority protest by the city council.
<br />(c) If a city council proposes to conduct a single proceeding to levy both a new or increased property
<br />assessment and a new or increased business assessment, the notice and protest and hearing procedure for the
<br />property assessment shall comply with subdivision (a), and the notice and protest and hearing procedure for
<br />the business assessment shall comply with subdivision (b). If a majority protest is received from either the
<br />property or business owners, that respective portion of the assessment shall not be levied. The remaining
<br />portion of the assessment may be levied unless the improvement or other special benefit was proposed to be
<br />funded by assessing both property and business owners.
<br />36624. Changes to proposed assessments
<br />At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or
<br />modify the proposed assessment or the type or types of improvements, maintenance, and activities to be funded with
<br />the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the
<br />public hearing, the city council may only make changes in, to, or from the boundaries of the proposed property and
<br />business improvement district that will exclude territory that will not benefit from the proposed improvements,
<br />maintenance, and activities. Any modifications, revisions, reductions, or changes to the proposed assessment district
<br />shall be reflected in the notice and map recorded pursuant to Section 36627.
<br />36625. Resolution of formation
<br />(a) If the city council, following the public hearing decides to establish a proposed property and business
<br />improvement district, the city council shall adopt a resolution of formation that shall include, but is not limited
<br />to, all of the following:
<br />(1) A brief description of the proposed improvements, maintenance, and activities, the amount of
<br />the proposed assessment, a statement as to whether the assessment will be levied on property,
<br />businesses, or both within the district, a statement on whether bonds will be issued, and a description
<br />of the exterior boundaries of the proposed district, which may be made by reference to any plan or
<br />map that is on file with the clerk. The descriptions and statements need not be detailed and shall be
<br />sufficient if they enable an owner to generally identify the nature and extent of the improvements,
<br />maintenance, and activities and the location and extent of the proposed district.
<br />(2) The number, date of adoption, and title of the resolution of intention.
<br />(3) The time and place where the public hearing was held concerning the establishment of the
<br />district.
<br />(4) A determination regarding any protests received. The city shall not establish the district or levy
<br />assessments if a majority protest was received.
<br />(5) A statement that the properties, businesses, or properties and businesses in the district established
<br />by the resolution shall be subject to any amendments to this part
<br />(6) A statement that the improvements, maintenance, and activities to be conferred on businesses
<br />and properties in the district will be funded by the levy of the assessments. The revenue from the
<br />levy of assessments within a district shall not be used to provide improvements, maintenance, or
<br />activities outside the district or for any purpose other than the purposes specified in the resolution
<br />of intention, as modified by the city council at the hearing concerning establishment of the district.
<br />Notwithstanding the foregoing, improvements and activities that must be provided outside the
<br />district boundaries to create a special or specific benefit to the assessed parcels or businesses may
<br />be provided, but shall be limited to marketing or signage pointing to the district
<br />(7) A finding that the property or businesses within the area of the property and business
<br />improvement district will be benefited by the improvements, maintenance, and activities funded by
<br />the proposed assessments, and, for a property -based district, that property within the district will
<br />receive a special benefit.
<br />(8) In a property -based district, the total amount of all special benefits to be conferred on the
<br />properties within the property -based district.
<br />(b) The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant
<br />to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the
<br />management district plan.
<br />SATMD Management District Plan 19
<br />March 19, 2020 12A-28
<br />
|