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36670. Circumstances permitting disestablishment of district; Procedure <br /> (a)Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, <br /> outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by <br /> resolution by the city council in either of the following circumstances: <br /> (1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in <br /> connection with the management of the district,it shall notice a hearing on disestablishment. <br /> (2)During the operation of the district, there shall be a 30-day period each year in which assessees may <br /> request disestablishment of the district. The first such period shall begin one year after the date of establishment of <br /> the district and shall continue for 30 days. The next such 30-day period shall begin two years after the date of the <br /> establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon <br /> the written petition of the owners or authorized representatives of real property or the owners or authorized <br /> representatives of businesses in the area who pay 50 percent or more of the assessments levied,the city council shall <br /> pass a resolution of intention to disestablish the district.The city council shall notice a hearing on disestablishment. <br /> (b)The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing <br /> required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place <br /> of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the <br /> assessments levied within the property and business improvement district. The notice of the hearing on <br /> disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner <br /> of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not <br /> less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not <br /> more than 60 days after the adoption of the resolution of intention. <br /> 36671. Refund of remaining revenues upon disestablishment or expiration without renewal of district; <br /> Calculation of refund; Use of outstanding revenue collected after disestablishment of district <br /> (a)Upon the disestablishment or expiration without renewal of a district, any remaining revenues, after all <br /> outstanding debts are paid,derived from the levy of assessments,or derived from the sale of assets acquired with the <br /> revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses <br /> then located and operating within the district in which assessments were levied by applying the same method and <br /> basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished or <br /> expires. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and <br /> activities specified in the management district plan. <br /> (b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was <br /> used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of <br /> any refund. <br /> Management District Plan 23 <br /> April 21, 2015 <br />