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process is to comply with the Act provisions regarding public notice and hearing prior to <br /> establishing the benefit assessments for the following Fiscal Year. City shall not adopt, <br /> modify, or otherwise amend any Fiscal Year budget of the District that is inconsistent in <br /> any way with said Fiscal Year's budget as agreed to and presented by the District Board <br /> except in the case of a written majority protest (regarding elimination or modification of <br /> any specific budget item) from business owners which will pay 50% or more of the <br /> assessments proposed to be levied as to any specific budget item pursuant to Streets and <br /> Highways Code Section 36525(14. In such case the written protest regarding any specific <br /> budget item shall be grounds to eliminate or modify said expenditure from the District's <br /> proposed budget pursuant to the written protest. <br /> SECTION 2 -14 -155. DECISIONS REGARDING EXPENDITURE OF FUNDS. <br /> Decisions of the District Board regarding expenditure of all funds generated under this <br /> program shall be final. <br /> SECTION 2 -14 -160. DISTRICT PROCEEDS DO NOT OFFSET CITY SERVICES. <br /> City specifically finds and declares that the funds derived from the District shall not be <br /> used to offset or diminish current maintenance, capital improvement programs, including <br /> but not limited to, public property and sidewalk cleaning, street cleaning and <br /> maintenance, tree maintenance, restroom cleaning, and maintenance. The City declares <br /> its intent to provide at least the same level and standard of maintenance and repair of <br /> public property within the District providing City funds are available from year to year. <br /> SECTION 2 -14 -165. DISESTABLISI-IMENT OF THE DISTRICT. Proceeding to <br /> disestablish the District shall be initiated by the City Council following the presentation <br /> of a petition to the City Council signed by business owners paying 50% or more of the <br /> assessments levied in the District. Proceedings to disestablish the District shall follow <br /> the procedures set forth in Streets and Highways Code Section 36550. The City Council <br /> shall disestablish the District if, following the public hearing prescribed in Section <br /> 36550(b), written protests are not withdrawn as to reduce the protests below the 50% <br /> level. In the event of disestablishment of the District, remaining revenues of the District <br /> shall be refunded to paying business owners in a pro -rata manner calculated in the same <br /> manner as was used to establish the most recent assessments applied in the District. <br /> SECTION 2 -14 -170. DISTRICT BALLOT. Notwithstanding the provisions of Section <br /> 2 -14 -165, the Board shall conduct a neutral ballot of all businesses within the District no <br /> later than March 31, 2001, to determine whether or not the District shall be <br /> disestablished. The results of the ballot shall be presented to the City Council. <br /> Section 3. If any section, subsection, sentence, clause, or phrase of this ordinance is, for <br /> any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality <br /> shall not affect the validity or constitutionality of the remaining portions of this <br /> ordinance, it being expressly declared that this ordinance and each section, subsection, <br /> 6 <br />