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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 businesses 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-IS-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 approve the report as filed by the advisory board or may modify any particular contained in the report and approve it as modified. 2-15-070 Use of Assessments. No portion of the revenues from the assessments within the district shall be used to provide improvements outside of the district for any purpose. The assessments shall be used exclusively to fund the West San Leandro Shuttle, other related transportation activities, and the administrative costs of collecting the assessment, or as modified by the City Council pursuant to compliance with Sections 36534 and 36535 of the California Streets and Highways Code. 2-15-090 Effective Period of Assessment. The assessment imposed by this Ordinance shall remain in effect for five years from the effective date of this Ordinance, unless sooner terminated, as provided in the Act. 2-15-100 Imposition of Assessment. The assessment imposed by this Ordinance is levied on a fiscal year basis upon all businesses within the district and the owner of each business shall be solely responsible for paying all assessments when due. The assessment will be collected annually at the same time, and in the same manner, as the business license tax imposed by Title II, Chapter 2 of this Code. If a new business opens in the district before January 1 of any year in which an assessment is collected, that business will be responsible for paying the full amount of the assessment. If a new business opens in the district after January 1 of any year in which an assessment is collected, that business will be responsible for paying 50% of the assessment. Failure to pay the assessment when due shall be deemed a delinquency, and collection of such delinquency shall be in a manner consistent with the collection of delinquent business license taxes." SECTION 2: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part hereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause and phrase of the Ordinance irrespective of the fact that one or more of them would be declared ORDINANCE NO. 2009-002 3