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08
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2022
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041922
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4/13/2022 1:38:45 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
4/19/2022
EXPIRATION DATE
4/19/2022
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incidental or collateral effects of those special benefits are inherently part of those special benefits. <br /> The mere fact that special benefits produce incidental or collateral effects that benefit property or <br /> persons not assessed does not convert any portion of those special benefits or their incidental or <br /> collateral effects into general benefits. <br /> (3)It is of the utmost importance that property-based districts created under this act have clarity <br /> regarding restrictions on assessments they may levy and the proper determination of special benefits. <br /> Legislative clarity with regard to this act will provide districts with clear instructions and courts with <br /> legislative intent regarding restrictions on property-based assessments, and the manner in which <br /> 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 assessments <br /> within property and business improvement districts, to ensure that those assessments conform to all constitutional <br /> requirements and are determined and assessed in accordance with the guidance set forth in this act.This part does not <br /> affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or <br /> 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 different <br /> method of levying assessments for similar or additional purposes from those set forth in this part. A property and <br /> business improvement district created pursuant to this part is expressly exempt from the provisions of the Special <br /> Assessment Investigation,Limitation and Majority Protest Act of 1931 (Division 4(commencing with 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 /> ARTICLE 2.Definitions <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 <br /> services supplemental to those normally provided by the municipality. <br /> (f)Other services provided for the purpose of conferring special benefit upon assessed real property or <br /> specific benefits upon assessed businesses 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 business <br /> improvement district. <br /> 36607."Business" <br /> TVTMD Management District Plan VISITtrojica <br /> 17 <br /> V <br /> February 3,2022 ISI <br /> california <br />
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