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14
City of Pleasanton
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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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collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits <br /> or 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 regarding <br /> restrictions on assessments they may levy and the proper determination of special benefits. Legislative clarity with <br /> regard to this act will provide districts with clear instructions and courts with legislative intent regarding restrictions <br /> on property-based assessments,and the manner in which special benefits should be determined. <br /> 36602. Purpose of part <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 /> 36603. Preemption of authority or charter city to adopt ordinances levying assessments <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 /> 36603.5. Part prevails over conflicting provisions <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 /> 36604. Severability <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 /> 36606. "Activities" <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 services <br /> supplemental to those normally provided by the municipality. <br /> (f)Other services provided for the purpose of conferring special benefit upon assessed businesses and real property <br /> located in the district. <br /> 36606.5. "Assessment" <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 /> 36607. "Business" <br /> "Business"means all types of businesses and includes financial institutions and professions. <br /> Management District Plan 14 <br /> April21, 2015 <br />
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