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Two of these exceptions apply to the TVTMD, a "specific benefit" and a "specific government <br /> service." Both require that the costs of benefits or services do not exceed the reasonable costs to the <br /> City of conferring the benefits or providing the services. <br /> 1. Specific Benefit <br /> Proposition 26 requires that assessment funds be expended on, "a specific benefit conferred or <br /> privilege granted directly to the payor that is not provided to those not charged,and which does not <br /> exceed the reasonable costs to the local government of conferring the benefit or granting the <br /> privilege."2 The services in this Plan are designed to provide targeted benefits directly to assessed <br /> businesses,and are intended only to provide benefits and services directly to those businesses paying <br /> the assessment. These services are tailored not to serve the general public, businesses in general, or <br /> parcels of land,but rather to serve the specific businesses within the TVTMD.The activities described <br /> in this Plan are specifically targeted to increase demand for room night sales for assessed lodging <br /> businesses within the boundaries of the TVTMD, and are narrowly tailored. TVTMD funds will be <br /> used exclusively to provide the specific benefit of increased demand for room night sales directly to <br /> the assessees. Assessment funds shall not be used to feature non-assessed lodging businesses in <br /> TVTMD programs, or to directly generate sales for non-assessed businesses. The activities paid for <br /> from assessment revenues are business services constituting and providing specific benefits to the <br /> assessed businesses. <br /> The assessment imposed by this TVTMD is for a specific benefit conferred directly to the payors that <br /> is not provided to those not charged. The specific benefit conferred directly to the payors is an <br /> increase in demand for room night sales. The specific benefit of an increase in demand for room <br /> night sales for assessed lodging businesses will be provided only to lodging businesses paying the <br /> district assessment,with marketing&sales and destination development programs promoting lodging <br /> businesses paying the TVTMD assessment. The marketing & sales and destination development <br /> programs will be designed to increase room night sales at each assessed lodging businesses. Because <br /> they are necessary to provide the marketing & sales and destination development programs that <br /> specifically benefit the assessed lodging businesses, the administration and contingency services also <br /> provide the specific benefit of increased demand for room night sales to the assessed lodging <br /> businesses. <br /> Although the TVTMD, in providing specific benefits to payors, may produce incidental benefits to <br /> non-paying businesses,the incidental benefit does not preclude the services from being considered a <br /> specific benefit. The legislature has found that,"A specific benefit is not excluded from classification <br /> as a`specific benefit'merely because an indirect benefit to a nonpayor occurs incidentally and without <br /> cost to the payor as a consequence of providing the specific benefit to the payor.i3 <br /> 2. Specific Government Service <br /> The assessment may also be utilized to provide, "a specific government service or product provided <br /> directly to the payor that is not provided to those not charged, and which does not exceed the <br /> reasonable costs to the local government of providing the service or product."{ The legislature has <br /> recognized that marketing and promotions services like those to be provided by the TVTMD are <br /> government services within the meaning of Proposition 265. Further, the legislature has determined <br /> that "a specific government service is not excluded from classification as a `specific government <br /> 2 Cal.Const.art XIII C§ l(e)(l) <br /> 3 Government Code§53758(a) <br /> Cal.Const.art XIII C§ l(ex2) <br /> 'Government Code§53758(b) <br /> TVTMD Management District Plan VISIT 12 <br /> October 19,2021 ��„ tidrei <br /> 1110, <br /> california <br />