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SATMD Management District Plan 17 <br />May 14, 2025 <br />special benefits. The mere fact that special benefits produce incidental or collateral effects that <br />benefit property or persons not assessed does not convert any portion of those special benefits or <br />their incidental or collateral effects into general benefits. <br />(3) It is of the utmost importance that property-based districts created under this act have clarity <br />regarding restrictions on assessments they may levy and the proper determination of special <br />benefits. Legislative clarity with regard to this act will provide districts with clear instructions and <br />courts with legislative intent regarding restrictions on property-based assessments, and the manner <br />in which special benefits should be determined. <br /> <br />36602. Purpose of part <br /> <br />The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy <br />assessments within property and business improvement districts, to ensure that those assessments conform to all <br />constitutional requirements and are determined and assessed in accordance with the guidance set forth in this act. <br />This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of <br />improvements or activities or the raising of revenue for these purposes. <br /> <br />36603. Preemption of authority or charter city to adopt ordinances levying assessments <br /> <br />Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a <br />different method of levying assessments for similar or additional purposes from those set forth in this part. A <br />property and business improvement district created pursuant to this part is expressly exempt from the provisions of <br />the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with <br />Section 2800)). <br /> <br />36603.5. Part prevails over conflicting provisions <br /> <br />Any provision of this part that conflicts with any other provision of law shall prevail over the other provision of law, <br />as to districts created under this part. <br /> <br />36604. Severability <br /> <br />This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall <br />remain in full force and effect. Assessments levied under this part are not special taxes. <br /> <br />ARTICLE 2. Definitions <br /> <br />36606. “Activities” <br /> <br />“Activities” means, but is not limited to, all of the following that benefit businesses or real property in the district: <br />(a) Promotion of public events. <br />(b) Furnishing of music in any public place. <br />(c) Promotion of tourism within the district. <br />(d) Marketing and economic development, including retail retention and recruitment. <br />(e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal <br />services supplemental to those normally provided by the municipality. <br />(f) Other services provided for the purpose of conferring special benefit upon assessed real property or <br />specific benefits upon assessed businesses located in the district. <br /> <br />36606.5. “Assessment” <br /> <br />“Assessment” means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and <br />providing activities that will provide certain benefits to properties or businesses located within a property and <br />business improvement district. <br /> <br />36607. “Business” <br /> <br />“Business” means all types of businesses and includes financial institutions and professions.