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File Number: 14-510 <br />Service, known as the LINKS Shuttle, administration and operational costs; and <br />WHEREAS, pursuant to state law, the City has submitted protest ballots to business <br />owners within the BID, and will hold a public hearing on December 15, 2014; and <br />WHEREAS, unless a majority protest is received, the BID ordinance will continue in full <br />force and effect; and <br />WHEREAS, in order to do so, the City has determined that the BID needs to be <br />re-established rather than merely amended; and <br />WHEREAS, the Resolution of Intention (ROI) adopted by the City Council on October <br />20, 2014 (Resolution no. 2014-115) to re-establish the BID was duly published and copies <br />thereof were mailed as provided by law; and <br />WHEREAS, as specified in the ROI a public meeting concerning the formation of the <br />district was held on December 1, 2014 at 7:00 p.m. before this City Council in the City Council <br />Chambers at City Hall, 835 East 14th Street, San Leandro, California, 94577; and <br />WHEREAS, as specified in the ROI a public hearing concerning the formation of the <br />district was held on December 15, 2014 at 7:00 p.m. before this Council in the City Council <br />Chambers at City Hall, 835 East 14th Street, San Leandro, California, 94577; and <br />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 <br />percent (50%) or more of the proposed assessment have not been received; and <br />WHEREAS, the City Council finds that all of the businesses within the BID will benefit <br />by the expenditure of the funds raised and the assessment levied hereby in the manner <br />prescribed herein; and <br />WHEREAS, the existing advisory board established by the City Council may continue <br />to serve as the advisory board as required pursuant to the California Streets and Highways <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 <br />the maximum extent feasible, be levied on the basis of the estimated benefit to the <br />businesses within the BID. <br />NOW, THEREFORE, the City Council of the City of San Leandro does ORDAIN as <br />follows: <br />Page 2 City of San Leandro Printed on 11/25/2014