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FULL PACKET_2020-09-15
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FULL PACKET_2020-09-15
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City Clerk
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Clerk of the Council
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9/15/2020
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classify properties for purposes of determining the benefit to property of the improvements and activities <br />provided pursuant to this part. <br />(b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit <br />to the businesses within the property and business improvement district. The city council may classify <br />businesses for purposes of determining the benefit to the businesses of the improvements and activities <br />provided pursuant to this part. <br />(c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively <br />presumed not to benefit from the improvements and service funded through these assessments, and shall not <br />be subject to any assessment pursuant to this part <br />36633. Time for contesting validity of assessment <br />The validity of an assessment levied under this part shall not be contested in any action or proceeding unless the action <br />or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section <br />36626. Any appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry <br />of judgment. <br />36634. Service contracts authorized to establish levels of city services <br />The city council may execute baseline service contracts that would establish levels of city services that would continue <br />after a property and business improvement district has been formed. <br />36635. Request to modify management district plan <br />The owners' association may, at any time, request that the city council modify the management district plan. Any <br />modification of the management district plan shall be made pursuant to this chapter. <br />36636. Modification of plan by resolution after public hearing; Adoption of resolution of intention <br />(a) Upon the written request of the owners' association, the city council may modify the management district <br />plan after conducting one public hearing on the proposed modifications. The city council may modify the <br />improvements and activities to be funded with the revenue derived from the levy of the assessments by <br />adopting a resolution determining to make the modifications after holding a public hearing on the proposed <br />modifications. If the modification includes the levy of a new or increased assessment, the city council shall <br />comply with Section 36623. Notice of all other public hearings pursuant to this section shall comply with <br />both of the following: <br />(1) The resolution of intention shall be published in a newspaper of general circulation in the city <br />once at least seven days before the public hearing. <br />(2) A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days <br />before the public hearing, to each business owner or property owner affected by the proposed <br />modification. <br />(b) The city council shall adopt a resolution of intention which states the proposed modification prior to the <br />public hearing required by this section. The public hearing shall be held not more than 90 days after the <br />adoption of the resolution of intention. <br />36637. Reflection of modification in notices recorded and maps <br />Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to <br />Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627. <br />CHAPTER 3.5. Financing <br />36640. Bonds authorized; Procedure; Restriction on reduction or termination of assessments <br />(a)The city council may, by resolution, determine and declare that bonds shall be issued to finance the <br />estimated cost of some or all of the proposed improvements described in the resolution of formation adopted <br />pursuant to Section 36625, if the resolution of formation adopted pursuant to that section provides for the <br />issuance of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) <br />SATMD Management District Plan 21 <br />March 19, 2020 12A-30 <br />
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