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RES 231391
City of Pleasanton
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RES 231391
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6/5/2023 9:23:00 AM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
5/16/2023
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18 <br /> Other Properties <br /> Article XIIID stipulates that publicly owned properties must be assessed unless there is <br /> clear and convincing evidence that those properties receive no special benefit from the <br /> Assessment. <br /> All properties that are specially benefited are assessed. Other publicly owned property <br /> that is used for purposes similar to private residential, commercial, industrial, or <br /> institutional uses is benefited and assessed at the same rate as such privately owned <br /> property. <br /> Miscellaneous, small, and other parcels such as roads, right-of-way parcels, and <br /> common areas typically do not generate significant numbers of employees, residents, <br /> customers, or guests, who would have access to or use the Improvements. These <br /> miscellaneous parcels therefore receive no benefit from the Improvements and are <br /> assessed an SFE benefit factor of 0 SFEs. <br /> The Assessment Rate does not Increase Annually <br /> It should also be noted that the Maintenance District assessment rates cannot be <br /> increased annually, and the total revenues remain the same year after year, assessing <br /> $473.66 per SFE or parcel, which is the maximum authorized assessment. To increase <br /> the annual assessment rate or to add an annual Consumer Price Index escalator to the <br /> assessment rate, approval of the property owners is required via a Proposition 218 <br /> assessment ballot proceeding. <br /> Appeal of Assessments Levied to Property <br /> Any property owner who feels that the assessment levied on their property is in error as <br /> a result of incorrect information being used to apply the foregoing method of <br /> assessment may file a written appeal with the City of Pleasanton City Engineer or his or <br /> her designee. Any such appeal is limited to correction of an assessment during the then <br /> current Fiscal Year and applicable law. Upon the filing of any such appeal, the City of <br /> Pleasanton City Engineer or his or her designee will promptly review the appeal and any <br /> information provided by the property owner. If the City of Pleasanton City Engineer or <br /> his or her designee finds that the assessment should be modified, the appropriate <br /> changes shall be made to the Assessment Roll. If any such changes are approved after <br /> the Assessment Roll has been filed with the County for collection, the City Engineer or <br /> his or her designee is authorized to refund to the property owner the amount of any <br /> approved reduction. <br /> Assessment Funds Must be Expended Within the Maintenance District Area <br /> The net available Assessment funds, after incidental, administrative, financing, and <br /> other costs, shall be expended exclusively for Improvements within the boundaries of <br /> the Maintenance District and appropriate incidental and administrative costs as defined <br /> in the Plans and Specifications section. <br /> City of Pleasanton <br /> Landscape Maintenance District No. 1994-1, Oak Tree Farm Engineer's Report, Fiscal Year 2023-24 <br />
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