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50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce
<br /> the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such
<br /> businesses, as contained in the resolution of intention,shall be taken for a period of one year from the date
<br /> of the finding of a majority protest by the city council.
<br /> (c)If a city council proposes to conduct a single proceeding to levy both a new or increased property
<br /> assessment and a new or increased business assessment,the notice and protest and hearing procedure for the
<br /> property assessment shall comply with subdivision(a),and the notice and protest and hearing procedure for
<br /> the business assessment shall comply with subdivision(b). If a majority protest is received from either the
<br /> property or business owners, that respective portion of the assessment shall not be levied. The remaining
<br /> portion of the assessment may be levied unless the improvement or other special benefit was proposed to be
<br /> funded by assessing both property and business 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
<br /> to,all of the following:
<br /> (1)A brief description of the proposed improvements, maintenance, and activities,the amount of
<br /> the proposed assessment, a statement as to whether the assessment will be levied on property,
<br /> businesses,or both within the district,a statement on whether bonds will be issued,and a description
<br /> of the exterior boundaries of the proposed district,which may be made by reference to any plan or
<br /> map that is on file with the clerk.The descriptions and statements need not be detailed and shall be
<br /> sufficient if they enable an owner to generally identify the nature and extent of the improvements,
<br /> 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
<br /> 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
<br /> by the 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
<br /> and properties in the district will be funded by the levy of the assessments. The revenue from the
<br /> levy of assessments within a district shall not be used to provide improvements, maintenance, or
<br /> activities outside the district or for any purpose other than the purposes specified in the resolution
<br /> of intention,as modified by the city council at the hearing concerning establishment of the district.
<br /> Notwithstanding the foregoing, improvements and activities that must be provided outside the
<br /> district boundaries to create a special or specific benefit to the assessed parcels or businesses may
<br /> be provided,but shall be limited to marketing or signage pointing to the district.
<br /> (7)A finding that the property or businesses within the area of the property and business
<br /> improvement district will be benefited by the improvements,maintenance,and activities funded by
<br /> the proposed assessments, and, for a property-based district, that property within the district will
<br /> receive a special benefit.
<br /> (8)In a property-based district, the total amount of all special benefits to be conferred on the
<br /> properties within the property-based district.
<br /> (b)The adoption of the resolution of formation and, if required,recordation of the notice and map pursuant
<br /> to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the
<br /> management district plan.
<br /> TVTMD Management District Plan VISIT 22
<br /> February 3,2022 AA>
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