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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO ORDINANCE NO. 2004-021 (2993) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LEANDRO AMENDING TITLE 2, CHAPTER 15 OF THE SAN LEANDRO MUNICIPAL CODE RELATING TO THE WEST SAN LEANDRO SHUTTLE BUSINESS IMPROVEMENT DISTRICT RECITALS WHEREAS, On June 21, 2004, the San Leandro City Council of the City of San Leandro adopted Ordinance No. 2004-013, entitled "An Ordinance of the City of San Leandro Amending Title 2 of the San Leandro Municipal Code to Add a New Chapter 15 Establishing the West San Leandro Shuttle Business Improvement District in the City of San Leandro", which added a new Chapter 15 to Title 2 of San Leandro Municipal Code establishing a Parking and Business Improvement Area known as the West San Leandro Shuttle Business Improvement District (the "BID"). WHEREAS, California Streets & Highways Code Section 36527(j) requires that the ordinance specify the time and manner of collecting the assessments. WHEREAS, this amendment provides the time and manner for collecting the West San Leandro Shuttle BID assessments. NOW, THEREFORE, the City Council of the City of San Leandro does ORDAIN as follows: SECTION 1: Section 2-15-100 of the San Leandro Municipal Code is amended to read as follows: " 2-IS-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 operator 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 the 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.