SATMD Management District Plan 22
<br />May 14, 2025
<br />mailed to the owners of the businesses proposed to be assessed. A protest may be made orally or in writing
<br />by any interested person. Every written protest shall be filed with the clerk at or before the time fixed for
<br />the public hearing. The city council may waive any irregularity in the form or content of any written
<br />protest. A written protest may be withdrawn in writing at any time before the conclusion of the public
<br />hearing. Each written protest shall contain a description of the business in which the person subscribing the
<br />protest is interested sufficient to identify the business and, if a person subscribing is not shown on the
<br />official records of the city as the owner of the business, the protest shall contain or be accompanied by
<br />written evidence that the person subscribing is the owner of the business or the authorized representative. A
<br />written protest that does not comply with this section shall not be counted in determining a majority protest.
<br />If written protests are received from the owners or authorized representatives of businesses in the proposed
<br />district that will pay 50 percent or more of the assessments proposed to be levied and protests are not
<br />withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed
<br />assessment against such businesses, as contained in the resolution of intention, shall be taken for a period of
<br />one year from the date 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
<br />the property assessment shall comply with subdivision (a), and the notice and protest and hearing procedure
<br />for the business assessment shall comply with subdivision (b). If a majority protest is received from either
<br />the property or business owners, that respective portion of the assessment shall not be levied. The
<br />remaining portion of the assessment may be levied unless the improvement or other special benefit was
<br />proposed to be funded by assessing both property and business owners.
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<br />36624. Changes to proposed assessments
<br />
<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.
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<br />36625. Resolution of formation
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<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
<br />limited 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
<br />description of the exterior boundaries of the proposed district, which may be made by reference to
<br />any plan or map that is on file with the clerk. The descriptions and statements need not be detailed
<br />and shall be sufficient if they enable an owner to generally identify the nature and extent of the
<br />improvements, 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
<br />established 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
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