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(c)If a city council proposes to conduct a single proceeding to levy both a new or increased property assessment and
<br /> a new or increased business assessment, the notice and protest and hearing procedure for the property assessment
<br /> shall comply with subdivision(a),and the notice and protest and hearing procedure for the business assessment shall
<br /> comply with subdivision (b). If a majority protest is received from either the property or business owners, that
<br /> respective portion of the assessment shall not be levied. The remaining portion of the assessment may be levied
<br /> unless the improvement or other special benefit was proposed to be funded by assessing both property and business
<br /> owners.
<br /> 36624. Changes to proposed assessments
<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.
<br /> 36625. Resolution of formation
<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 limited to,all
<br /> of the following:
<br /> (1)A brief description of the proposed improvements, maintenance, and activities, the amount of the
<br /> proposed assessment,a statement as to whether the assessment will be levied on property,businesses,or both within
<br /> the district,a statement on whether bonds will be issued,and a description of the exterior boundaries of the proposed
<br /> district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and
<br /> statements need not be detailed and shall be sufficient if they enable an owner to generally identify the nature and
<br /> extent of the 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 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 established by the
<br /> 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 and
<br /> properties in the district will be funded by the levy of the assessments. The revenue from the levy of assessments
<br /> within a district shall not be used to provide improvements, maintenance, or activities outside the district or for any
<br /> purpose other than the purposes specified in the resolution of intention,as modified by the city council at the hearing
<br /> concerning establishment of the district.
<br /> (7)A finding that the property or businesses within the area of the property and business improvement
<br /> district will be benefited by the improvements,maintenance,and activities funded by the proposed assessments,and,
<br /> for a property-based district,that property within the district will receive a special benefit.
<br /> (8)In a property-based district, the total amount of all special benefits to be conferred on the properties
<br /> within the property-based district.
<br /> (b)The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to
<br /> Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management
<br /> district plan.
<br /> 36626. Resolution establishing district
<br /> If the city council, following the public hearing, desires to establish the proposed property and business
<br /> improvement district, and the city council has not made changes pursuant to Section 36624, or has made changes
<br /> that do not substantially change the proposed assessment, the city council shall adopt a resolution establishing the
<br /> district.The resolution shall contain all of the information specified in Section 36625.
<br /> Management District Plan 19
<br /> April 21,2015
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