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8/18/2015 12:18:15 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
5/5/2015
DESTRUCT DATE
15Y
DOCUMENT NO
14
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APPENDIX 1 — LAW <br /> Property and Business Improvement District Law of 1994 <br /> ***This document is current through the 2015 Supplement*** <br /> (All 2014 legislation) <br /> 36600. Citation of part <br /> This part shall be known and may be cited as the"Property and Business Improvement District Law of 1994." <br /> 36601. Legislative findings and declarations <br /> The Legislature finds and declares all of the following: <br /> (a)Businesses located and operating within business districts in some of this state's communities are economically <br /> disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and <br /> activities in the business districts. <br /> (b)it is in the public interest to promote the economic revitalization and physical maintenance of business districts <br /> in order to create jobs, attract new businesses,and prevent the erosion of the business districts. <br /> (c)It is of particular local benefit to allow business districts to fund business related improvements, maintenance, <br /> and activities through the levy of assessments upon the businesses or real property that receive benefits from those <br /> improvements. <br /> (d)Assessments levied for the purpose of conferring special benefit upon the real property or businesses in a <br /> business district are not taxes for the general benefit of a city, even if property or persons not assessed receive <br /> incidental or collateral effects that benefit them. <br /> (e)Property and business improvement districts formed throughout this state have conferred special benefits upon <br /> properties and businesses within their districts and have made those properties and businesses more useful by <br /> providing the following benefits: <br /> (1)Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the <br /> incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30 districts <br /> studied. <br /> (2)Job creation. <br /> (3)Business attraction. <br /> (4)Business retention. <br /> (5)Economic growth. <br /> (6)New investments. <br /> (f)With the dissolution of redevelopment agencies throughout the state,property and business improvement districts <br /> have become even more important tools with which communities can combat blight, promote economic <br /> opportunities,and create a clean and safe environment. <br /> (g)Since the enactment of this act,the people of California have adopted Proposition 218,which added Article XIII <br /> D to the Constitution in order to place certain requirements and restrictions on the formation of, and activities, <br /> expenditures, and assessments by property-based districts. Article XIII D of the Constitution provides that property- <br /> based districts may only levy assessments for special benefits. <br /> (h)The act amending this section is intended to provide the Legislature's guidance with regard to this act, its <br /> interaction with the provisions of Article XIII D of the Constitution, and the determination of special benefits in <br /> property-based districts. <br /> (1)The lack of legislative guidance has resulted in uncertainty and inconsistent application of this act, <br /> which discourages the use of assessments to fund needed improvements, maintenance, and activities in property- <br /> based districts,contributing to blight and other underutilization of property. <br /> (2)Activities undertaken for the purpose of conferring special benefits upon property to be assessed <br /> inherently produce incidental or collateral effects that benefit property or persons not assessed.Therefore, for special <br /> benefits to exist as a separate and distinct category from general benefits,the incidental or collateral effects of those <br /> special benefits are inherently part of those special benefits. The mere fact that special benefits produce incidental or <br /> emu,,...... <br /> Management District Plan 13 <br /> April 21, 2015 <br />
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