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WHEREAS the programs to be provided in the district by the BID will be funded by the levy of assessments on all businesses within the boundaries except as provided herein. The revenue from the levy of assessments within the district shall not be used to provide programs outside the district or for any purpose other than the purposes specified in the ROI; and WHEREAS the assessments levied on businesses pursuant to this Ordinance shall, to the maximum extent feasible, be levied on the basis of the estimated benefit to the businesses within the BID. NOW, THEREFORE, the City Council of the City of San Leandro does ORDAIN as follows: SECTION 1: Title 2, Chapter 15 is hereby deleted, and a new Chapter 15 is hereby added to Title 2 of the San Leandro Municipal Code to read as follows: " 2-15-010 Purpose. The purpose of this chapter is to establish the West San Leandro Shuttle Business Improvement District. 2-15-020 Establishment of the District. Pursuant to the Act, a business improvement district area is hereby created and established and designated as the "West San Leandro Shuttle Business Improvement District" for the area located within one-quarter mile of the West San Leandro Shuttle route excepting therefrom that area within one-half mile of the San Leandro BART Station, as shown on that map attached as "Attachment A" and incorporated herein by this reference into this Ordinance. 2-15-030 Amendments. All businesses within the boundaries of the district established by this Ordinance shall be subject to any amendments of the Parking and Business Improvement Area Law of 1989, codified as California Streets and Highways Code Sections 36500 through 35551, inclusive. 2-15-040 Assessment. The assessment is to be levied on all businesses, existing and future, within the BID in the City of San Leandro based upon a base fee of $25.00 per year for all businesses plus $10.88 per employee per year per business. The City Council may increase the annual assessment in an amount not to exceed the increase of the consumer price index-all urban consumers, San Francisco, Oakland, San Jose (base period 1982-1984), or its successor index, as part of its review of the annual report specified in Section 2-15-060. Businesses that have a Home Occupation Permit, businesses with five (5) or less employees, businesses that have received Internal Revenue 501(c)(3) tax-exempt status, and business that are exempt from local assessments under state or federal law are exempt from the assessment. 2-15-050 Protests to Formation. All protests, both written and oral, are overruled and denied and the City Council finds that there is not a majority protest within the meaning of Section 36525 of the Act. 2-15-060 Review of Annual Report. All of the assessments imposed pursuant to this Ordinance shall be reviewed by the City Council annually based upon the annual reports prepared by the advisory board appointed pursuant to Sections 36530 and 36533 of the California Streets and Highways Code. Pursuant to Section 36533(c), the City Council may ~~~~~z-1 ORDINANCE NO. 2005-017 2