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The benefit assessment authorized by this chapter for city businesses (§ 161.05) shall be billed and collected once each fiscal year on September 1st. The city will bill and collect the benefit fees, at no charge to the district, and forward all funds collected to the district within 30 days of said collections. Late payment penalties may be applied to businesses that do not provide their respective benefit fee payments on the dates provided for in this chapter.
(Ord. 1218, passed 10-1-97)
Contributions to the district shall be permitted on a voluntary basis. The boundary of the district shall not be modified as a result of the contribution, nor shall said contributing business be considered a member of the district for voting or other purposes. However, said business making a voluntary contribution may be entitled to participate in the programs of the district upon a finding by the Board of Directors that the district derives a benefit from said business' participation in the program.
(Ord. 1218, passed 10-1-97)
Pursuant to Cal. Sts. and High. Code § 36500 et seq., it shall be necessary for the District Board of Directors to present an annual budget for City Council review and approval prior to the beginning of any fiscal year. The purpose of this process is to comply with the Code provisions regarding public notice and hearing prior to establishing the benefit fees for the next fiscal year. The city shall not adopt, modify or otherwise amend any fiscal year budget of the district that is inconsistent in any way with said fiscal year's budget as agreed to and presented by the District Board of Directors except in the case of a written majority protest (regarding elimination or modification of a specific budget item) from business owners which will pay 50% or more of the benefit fees proposed to be levied as to any specific budget item pursuant to Cal. Gov't. Code § 36525 (b). In such case the written protest regarding any specific budget item shall be grounds to eliminate or modify said expenditure from the district's proposed budget pursuant to the written protest.
(Ord. 1218, passed 10-1-97)
The city specifically finds and declares that the funds derived from the district shall not be used to offset or diminish current maintenance, capital improvement programs, including but not limited to public property and sidewalk cleaning, street cleaning and maintenance, tree maintenance, restroom cleaning and maintenance. The city declares its intent to provide at least the same level and standard of maintenance and repair of public property within the district providing city funds are available from year to year.
(Ord. 1218, passed 10-1-97)
(A) Proceeding to disestablish the district shall be initiated by the City Council following the presentation of a petition to the City Council signed by business owners paying 50% or more of the benefit fees levied in the district. Proceedings to disestablish the district shall follow the procedures set forth in Cal. Gov't. Code § 36550. The City Council shall disestablish the district if, following the public hearing prescribed in § 36550 (b), written protests are not withdrawn as to reduce the protests below the 50% level.
(B) In the event of disestablishment of the district, remaining revenues of the district shall be refunded to paying business owners in a pro-rata manner calculated in the same manner as was used to establish the most recent fees applied in the district.
(Ord. 1218, passed 10-1-97)