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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />ORDINANCE N0.2009-002 (2993) <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />AMENDING TITLE 2 OF THE SAN LEANDRO MUNICIPAL CODE TO DELETE <br />CHAPTER 15 AND TO ADD A NEW CHAPTER 15 ESTABLISHING THE WEST SAN <br />LEANDRO SHUTTLE BUSINESS IMPROVEMENT DISTRICT IN THE CITY OF SAN <br />LEANDRO <br />WHEREAS on June 21, 2004 the City Council of the City of San Leandro established a <br />Parking and Business Improvement Area known as the West San Leandro Shuttle Business <br />Improvement District (the "BID") to levy a benefit assessment on businesses within the BID, the <br />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 City Council adopted Ordinance No. 2005-017 on October 3, 2005 re- <br />establishing the West San Leandro Shuttle Business Improvement District (BID), and setting an <br />assessment to be levied on businesses within the BID; and <br />WHEREAS, Ordinance No. 2005-017 included a term for the BID assessment to sunset <br />after four years and expire on June 30, 2009; and <br />WHEREAS, the BID funds approximately one-third of West San Leandro Shuttle <br />Service, known as the LINKS Shuttle, administration and operational costs; and <br />WHEREAS, pursuant to state law, the City will submit protest ballots to business <br />owners within the BID, and hold a public hearing on March 16, 2009. <br />WHEREAS, unless a majority protest is received, the BID ordinance will continue in <br />full force and effect; and <br />WHEREAS, in order to do so, the City has determined that the BID needs to be re- <br />established rather than merely amended; and <br />WHEREAS the Resolution of Intention (ROI) adopted by the City Council on February <br />2, 2009 (Resolution no. 2009-014) to re-establish the BID was duly published and copies thereof <br />were mailed as provided by law; and <br />WHEREAS as specified in the ROI a public hearing concerning the formation of the <br />district was held on March 16, 2009 at 7:00 p.m. before this Council in the City Council <br />Chambers at City Hall, 835 East 14th Street, San Leandro, California; and <br />