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person. Every written protest shall be filed with the clerk at or before the time fixed for the public hearing. The city <br /> council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn <br /> in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of <br /> the business in which the person subscribing the protest is interested sufficient to identify the business and, if a <br /> person subscribing is not shown on the official records of the city as the owner of the business, the protest shall <br /> contain or be accompanied by written evidence that the person subscribing is the owner of the business or the <br /> authorized representative. A written protest that does not comply with this section shall not be counted in <br /> determining a majority protest. If written protests are received from the owners or authorized representatives of <br /> businesses in the proposed district that will pay 50 percent or more of the assessments proposed to be levied and <br /> protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the <br /> proposed assessment against such businesses, as contained in the resolution of intention, shall be taken for a period <br /> of 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 the <br /> property assessment shall comply with subdivision (a), and the notice and protest and hearing procedure for the <br /> business assessment shall comply with subdivision (b). If a majority protest is received from either the property or <br /> business owners, that respective portion of the assessment shall not be levied. The remaining portion of the <br /> assessment may be levied unless the improvement or other special benefit was proposed to be funded by assessing <br /> both property and business owners. <br /> B 36624. Changes to proposed assessments <br /> At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, <br /> reduce,or modify the proposed assessment or the type or types of improvements and activities to be funded with the <br /> 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 or <br /> activities. Any modifications, revisions, reductions,or changes to the proposed assessment district shall be reflected <br /> in the notice and map recorded pursuant to Section 36627. <br /> B 36625. Resolution of formation <br /> (a) If the city council, following the public hearing, decides to establish the proposed property and business <br /> improvement district,the city council shall adopt a resolution of formation that shall contain all of the following: <br /> (1)A brief description of the proposed activities and improvements, the amount of the proposed assessment, a <br /> statement as to whether the assessment will be levied on property,businesses,or both within the district,a statement <br /> about whether bonds will be issued, and a description of the exterior boundaries of the proposed district. The <br /> descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally <br /> identify the nature and extent of the improvements 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 district. <br /> (4)A determination regarding any protests received. The city shall not establish the district or levy assessments <br /> if a majority protest was received. <br /> (5) A statement that the properties, businesses, or properties and businesses in the district established by the <br /> resolution shall be subject to any amendments to this part. <br /> (6)A statement that the improvements and activities to be provided in the district will be funded by the levy of <br /> the assessments. The revenue from the levy of assessments within a district shall not be used to provide <br /> improvements or 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 /> (7)A finding that the property or businesses within the area of the property and business improvement district <br /> will be benefited by the improvements and activities funded by the assessments proposed to be levied. <br /> Management District Plan 18 <br /> December 15, 2014 <br />