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10D Action 2009 0406
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10D Action 2009 0406
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4/3/2009 10:52:47 AM
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4/3/2009 10:52:47 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
4/6/2009
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_CC Agenda 2009 0406
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2009\Packet 2009 0406
Ord 2009-002
(Reference)
Path:
\City Clerk\City Council\Ordinances\2009
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WHEREAS at the hearing all protests, both written and oral, made or filed, were <br />considered and duly overruled and denied and this City Council determined that there was no <br />majority protest within the meaning of Section 36523 of the Act; and <br />WHEREAS protests in writing from businesses in the proposed BID paying fifty percent <br />(50%) or more of the proposed assessment have not been received; and <br />WHEREAS the City Council finds that all the businesses within the BID will benefit by <br />the expenditure of the funds raised and the assessment levied hereby in the manner prescribed <br />herein; and <br />WHEREAS the existing advisory board established by the City Council may continue to <br />serve as an advisory board as this is required pursuant to the California Streets and Highway <br />Code; and <br />WHEREAS the programs to be provided in the district by the BID will be funded by the <br />levy of assessments on all businesses within the boundaries except as provided herein. The <br />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: Title 2, Chapter 15 is hereby deleted, and a new Chapter 15 is hereby <br />added to Title 2 of the San Leandro 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 $25.00 per year for all <br />businesses plus $10.88 per employee per year per business. The City Council may increase the <br />ORDINANCE NO. 2009-002 2 <br />
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