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RES 221287
City of Pleasanton
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RES 221287
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
4/19/2022
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APPENDIX 1 - LAW <br /> ***THIS DOCUMENT IS CURRENT THROUGH THE 2021 SUPPLEMENT*** <br /> (ALL 2020 LEGISLATION) <br /> STREETS AND HIGHWAYS CODE <br /> DIVISION 18.PARKING <br /> PART 7.PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 <br /> CHAPTER 1.General Provisions <br /> ARTICLE 1. Declarations <br /> 36600.Citation of part <br /> This part shall be known and may be cited as the"Property and Business Improvement District Law of 1994." <br /> 36601.Legislative findings and declarations; Legislative guidance <br /> The Legislature finds and declares all of the following: <br /> (a)Businesses located and operating within business districts in some of this state's communities are <br /> economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate <br /> facilities,services,and activities in the business districts. <br /> (b)It is in the public interest to promote the economic revitalization and physical maintenance of business <br /> districts in order to create jobs,attract new businesses,and prevent the erosion of the business districts. <br /> (c)It is of particular local benefit to allow business districts to fund business related improvements, <br /> maintenance,and activities through the levy of assessments upon the businesses or real property that receive <br /> benefits from those improvements. <br /> (d)Assessments levied for the purpose of conferring special benefit upon the real property or a specific <br /> benefit upon the businesses in a business district are not taxes for the general benefit of a city,even if property, <br /> businesses,or persons not assessed receive incidental or collateral effects that benefit them. <br /> (e)Property and business improvement districts formed throughout this state have conferred special benefits <br /> upon properties and businesses within their districts and have made those properties and businesses more <br /> useful by providing the following benefits: <br /> (1)Crime reduction.A study by the Rand Corporation has confirmed a 12-percent reduction in the <br /> incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the <br /> 30 districts studied. <br /> (2)Job creation. <br /> (3)Business attraction. <br /> (4)Business retention. <br /> (5)Economic growth. <br /> (6)New investments. <br /> (f)With the dissolution of redevelopment agencies throughout the state,property and business improvement <br /> districts have become even more important tools with which communities can combat blight, promote <br /> economic opportunities,and create a clean and safe environment. <br /> (g)Since the enactment of this act, the people of California have adopted Proposition 218, which added <br /> Article XIII D to the Constitution in order to place certain requirements and restrictions on the formation of, <br /> and activities,expenditures, and assessments by property-based districts. Article XIII D of the Constitution <br /> provides that property-based districts may only levy assessments for special benefits. <br /> (h)The act amending this section is intended to provide the Legislature's guidance with regard to this act,its <br /> interaction with the provisions of Article XIII D of the Constitution,and the determination of special benefits <br /> in property-based districts. <br /> (1)The lack of legislative guidance has resulted in uncertainty and inconsistent application of this <br /> act, which discourages the use of assessments to fund needed improvements, maintenance, and <br /> activities in property-based districts,contributing to blight and other underutilization of property. <br /> (2)Activities undertaken for the purpose of conferring special benefits upon property to be assessed <br /> inherently produce incidental or collateral effects that benefit property or persons not assessed. <br /> Therefore,for special benefits to exist as a separate and distinct category from general benefits,the <br /> TVTMD Management District Plan VISIT 16 <br /> February 3,2022 AA> <br /> NiNV <br /> california <br />
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