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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />ORDINANCE N0.2004-013 (1413/2993) <br />AN ORDINANCE OF THE CITY OF SAN LEANDRO AMENDING TITLE 2 OF THE SAN <br />LEANDRO M[JNICIPAL CODE TO ADD A NEW CHAPTER 15 ESTABLISHING THE <br />WEST SAN LEANDRO SHUTTLE BUSINESS IMPROVEMENT DISTRICT IN THE CITY <br />OF SAN LEANDRO <br />WHEREAS on March 15, 2004, the City Council of the City of San Leandro adopted <br />Resolution No. 2004-032 entitled "A Resolution of the City Council of the City of San Leandro <br />Declaring the City Council's Intention to Establish the West San Leandro Shuttle Business <br />hmprovement District (BID) and Setting a Public informational Meeting for May 10, 2004 and <br />Setting a Public Hearing Relating Thereto for May 17, 2004," (the "ROI") declaring its intention <br />to establish a Parking and Business Improvement Area known as the West San Leandro Shuttle <br />Business Improvement District (the "BID") to levy a benefit assessment on businesses within the <br />BID, the proceeds of which shall be used for the public purposes herein described to benefit the <br />businesses in the BID, pursuant to the Parking and Business Improvement Area Law of 1989 <br />Section 36500 et seq. of Division 18 of the California Streets and Highways Code (the "Act"); <br />and <br />WHEREAS the ROI was duly published and copies thereof were mailed as provided by <br />law; and <br />WHEREAS as specified in the ROI, a public meeting concerning the formation of the <br />district was held on May 10, 2004 at 7:00 p.m. and a public hearing concerning the formation of <br />the district was held on May 17, 2004 at 7:00 p.m. before this Council in the City Council <br />Chambers at City Hall, 835 East 14"' Street, San Leandro, California; 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 Council determined that there was no majority <br />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 />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 an advisory board is required pursuant to the California Streets and <br />Highway Code and shall be established by the City Council; 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 />1 <br />