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revenue from the levy of assessments within the district shall not be used to provide programs <br />outside the district or for any purpose other than the purposes specified in the ROI; and <br />WHEREAS the assessments levied on businesses pursuant to this Ordinance shall, to the <br />maximum extent feasible, be levied on the basis of the estimated benefit to the businesses within <br />the BID. <br />NOW, THEREFORE, the City Council of the City of San Leandro does ORDAIN as <br />follows: <br />SECTION 1: Anew Chapter 15 is hereby added to Title 2 of the San Leandro <br />Municipal Code to read as follows: <br />"2-15-010 Purpose. The purpose of this chapter is to establish the West San Leandro <br />Shuttle Business Improvement District. <br />2-15-020 Establishment of the District. Pursuant to the Act, a business improvement <br />district area is hereby created and established and designated as the "West San Leandro Shuttle <br />Business Improvement District" for the area located within one-quarter mile of the West San <br />Leandro Shuttle route excepting therefrom that area within one-half mile of the San Leandro <br />BART Station, as shown on that map attached as "Attachment A" and incorporated herein by <br />this reference into this Ordinance. <br />2-15-030 Amendments. All businesses within the boundaries of the district established by <br />this Ordinance shall be subject to any amendments of the Parking and Business Improvement <br />Area Law of 1989, codified as California Streets and Highways Code Sections 36500 through <br />35551, inclusive. <br />2-15-040 Assessment. The assessment is to be levied on all businesses, existing and future, <br />within the BID in the City of San Leandro based upon a base fee of Twenty-Five and no/100 <br />Dollars ($25.00) per year for all businesses plus Ten and 56/100 Dollars ($10.56) per employee <br />per year per business. The City Council may increase the annual assessment in an amount not to <br />exceed the increase of the consumer price index-all urban consumers, San Francisco, Oakland, <br />San Jose (base period 1982-1984), or its successor index, as part of its review of the annual <br />report specified in Section 2-IS-060. Businesses that have a Home Occupation Permit and <br />businesses with five (5) or less employees are exempt from the assessment. <br />2-15-050 Protests to Formation. All protests, both written and oral, are overruled and <br />denied and the City Council finds that there is not a majority protest within the meaning of <br />Section 36525 of the Act. <br />2-15-060 Review of Annual Report. All of the assessments imposed pursuant to this <br />Ordinance shall be reviewed by the City Council annually, based upon the annual reports <br />prepared by the advisory board appointed pursuant to Sections 36530 and 36533 of the <br />California Streets and Highways Code. Pursuant to Section 36533(c), the City Council may <br />approve the report as filed by the advisory board or may modify any particular contained in the <br />report and. approve it as modified. <br />2 <br />