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FULL PACKET_2020-09-15
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FULL PACKET_2020-09-15
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Clerk of the Council
Date
9/15/2020
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(a) Any district previously established whose term has expired, or will expire, may be renewed by following <br />the procedures for establishment as provided in this chapter. <br />(b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived <br />from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed <br />district includes additional parcels or businesses not included in the prior district, the remaining revenues <br />shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does not <br />include parcels or businesses included in the prior district, the remaining revenues attributable to these parcels <br />shall be refunded to the owners of these parcels or businesses. <br />(c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issue <br />bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, <br />improvements, or activities of a renewed district be the same as the original or prior district. <br />CHAPTER 6. Disestablishment <br />36670. Circumstances permitting disestablishment of district; Procedure <br />(a) Any district established or extended pursuant to the provisions ofthis part, where there is no indebtedness, <br />outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by <br />resolution by the city council in either of the following circumstances- <br />(1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of <br />law in connection with the management of the district, it shall notice a hearing on disestablishment. <br />(2) During the operation of the district there shall be a 30-day period each year in which assessees <br />may request disestablishment of the district. The first such period shall begin one year after the date <br />of establishment of the district and shall continue for 30 days. The next such 30-day period shall <br />begin two years after the date of the establishment of the district Each successive year of operation <br />of the district shall have such a 30-day period. Upon the written petition of the owners or authorized <br />representatives of real property or the owners or authorized representatives of businesses in the <br />district who pay 50 percent or more of the assessments levied, the city council shall pass a resolution <br />of intention to disestablish the district. The city council shall notice a hearing on disestablishment. <br />(b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing <br />required by this section. The resolution shall state the reason for the disestablishment, shall state the time and <br />place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues <br />of the assessments levied within the property and business improvement district. The notice of the hearing <br />on disestablishment required by this section shall be given by mail to the property owner of each parcel or to <br />the owner of each business subject to assessment in the district as appropriate. The city shall conduct the <br />public hearing not less than 30 days after mailing the notice to the property or business owners. The public <br />hearing shall be held not more than 60 days after the adoption of the resolution of intention. <br />36671. Refund of remaining revenues upon disestablishment or expiration without renewal of district; <br />Calculation of refund; Use of outstanding revenue collected after disestablishment of district <br />(a) Upon the disestablishment or expiration without renewal of a district any remaining revenues, after all <br />outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired <br />with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property <br />or businesses then located and operating within the district in which assessments were levied by applying the <br />same method and basis that was used to calculate the assessments levied in the fiscal year in which the district <br />is disestablished or expires. All outstanding assessment revenue collected after disestablishment shall be <br />spent on improvements and activities specified in the management district plan. <br />(b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that <br />was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the <br />amount of any refund. <br />SATMD Management District Plan 23 <br />March 19, 2020 12A-32 <br />
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