§ 4.48.140. Establishment of district and levying of assessment.

Not earlier than 30 days after the adoption of the resolution of intention to establish the proposed district and if there is no majority protest as described in Section 4.48.120, and after effective date of the resolution of intention, the City Council shall adopt a resolution establishing the district, consistent with the resolution of intention. The adoption of the resolution establishing the district and levying the assessment, or if the district has been previously established, levying the new assessment, and recordation of the notice and map pursuant to Section 4.48.130, shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan. This resolution shall contain all of the following:

A.

The management district plan;

B.

The number, date of adoption, and title of the resolution of intention;

C.

The time and place where the public hearing was held concerning the establishment of the district or the levying of a new assessment;

D.

A determination regarding any protests received;

E.

A state that a BIMD has been established;

F.

A statement that the improvements and activities to be provided in the district will be funded by the levy of assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the City Council at the hearing concerning the establishment of the district;

G.

A finding that the property within the BIMD will be benefited by the improvements and activities funded by the assessment to be levied.

(Ord. No. 13322, § 2, 7-21-2015; Ord. 12190 § 14, 1999)