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City of Pleasanton
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050515
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8/18/2015 12:18:15 PM
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4/29/2015 11:54:25 AM
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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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district is not significantly different, the amount proposed to be expended in the initial year and a statement that a <br /> similar amount applies to subsequent years shall satisfy the requirements of this subdivision. <br /> (f)The proposed source or sources of financing, including the proposed method and basis of levying the assessment <br /> in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied <br /> against his or her property or business. The plan also shall state whether bonds will be issued to finance <br /> improvements. <br /> (g)The time and manner of collecting the assessments. <br /> (h)The specific number of years in which assessments will be levied. In a new district, the maximum number of <br /> years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding these <br /> limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments <br /> until the maximum maturity of the bonds. The management district plan may set forth specific increases in <br /> assessments for each year of operation of the district. <br /> (i)The proposed time for implementation and completion of the management district plan. <br /> (j)Any proposed rules and regulations to be applicable to the district. <br /> (k) (1)A list of the properties or businesses to be assessed, including the assessor's parcel numbers for <br /> properties to be assessed, and a statement of the method or methods by which the expenses of a district will be <br /> imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, <br /> to defray the cost thereof. <br /> (2)In a property-based district, the proportionate special benefit derived by each identified parcel shall be <br /> determined exclusively in relationship to the entirety of the capital cost of a public improvement, the maintenance <br /> and operation expenses of a public improvement,or the cost of the activities. An assessment shall not be imposed on <br /> any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special <br /> benefits are assessable, and a property-based district shall separate the general benefits, if any, from the special <br /> benefits conferred on a parcel. Parcels within a property-based district that are owned or used by any city, public <br /> agency, the State of California, or the United States shall not be exempt from assessment unless the governmental <br /> entity can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special <br /> benefit. The value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, <br /> or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from <br /> the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified <br /> parcel. <br /> (I)In a property-based district, the total amount of all special benefits to be conferred upon the properties located <br /> within the property-based district. <br /> (m)In a property-based district,the total amount of general benefits, if any. <br /> (n)In a property-based district, a detailed engineer's report prepared by a registered professional engineer certified <br /> by the State of California supporting all assessments contemplated by the management district plan. <br /> (o)Any other item or matter required to be incorporated therein by the city council. <br /> 36623. Procedure to levy assessment <br /> (a)If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing <br /> procedure shall comply with Section 53753 of the Government Code. <br /> (b)If a city council proposes to levy a new or increased business assessment, the notice and protest and hearing <br /> procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be mailed to the <br /> owners of the businesses proposed to be assessed. A protest may be made orally or in writing by any interested <br /> 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 /> Management District Plan 18 <br /> April 21, 2015 <br />
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