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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br /> RESOLUTION NO. 2013-067 <br /> RESOLUTION STATING ITS INTENTION TO ESTABLISH THE <br /> DOWNTOWN SAN LEANDRO COMMUNITY BENEFIT DISTRICT AND TO <br /> LEVY AND COLLECT ASSESSMENTS WITHIN SAID DISTRICT PURSUANT TO <br /> CITY OF SAN LEANDRO ORDINANCE NO. 2012-014 PERTAINING TO THE <br /> FORMATION OF A COMMUNITY BENEFIT DISTRICT, AND <br /> APPOINTING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO <br /> WHEREAS, the City of San Leandro's Community Benefit District Ordinance No. 2012- <br /> 014 (the "Ordinance") authorizes the City to establish a Community Benefit District("CBD") for <br /> up to 20 years to promote the economic revitalization and physical maintenance of business <br /> districts, and mixed use communities in the City; and <br /> WHEREAS, the Ordinance authorizes the City to levy and collect assessments on real <br /> property within such districts for the purpose of providing improvements and promoting <br /> activities that specially benefit real property within such districts; and <br /> WHEREAS,the Ordinance authorizes the City to use the procedures set forth in the <br /> Property and Business Improvement District Law of 1994 (Streets & Highways Code sections <br /> 36600 et seq. (the "PBID Law") as modified by the Ordinance for purposes of forming an <br /> assessment district; and <br /> WHEREAS, Articles XIIIC and XIIID of the California Constitution and Section 53753 <br /> of the California Government Code (Proposition 218 Omnibus Implementation Act) also impose <br /> certain procedural and substantive requirements relating to the notice, protests and hearing <br /> requirements pertaining to new or increased assessments; and <br /> WHEREAS, written petitions have been submitted by property owners within the area of <br /> the proposed CBD in Downtown San Leandro that request the City Council initiate proceedings <br /> pursuant to the Ordinance to establish a Downtown San Leandro CBD for a fifteen year period; <br /> and <br /> WHEREAS, such petitions were signed by property owners in the proposed CBD who <br /> will pay more than thirty percent (30%) of the assessments proposed to be levied; and <br /> WHEREAS, a Management District Plan entitled the"Downtown San Leandro <br /> Community Benefit District 2013 Management District Plan" (the "Management Plan" attached <br /> hereto as Exhibit 1) for the proposed Downtown San Leandro CBD has been prepared and <br /> contains all of the information required by the Ordinance, including, but not limited to, a <br /> description of the boundaries of the proposed CBD, the special benefit improvements and <br /> activities proposed for the CBD, and the cost of such special benefit improvements and activities. <br />