Section 36716 Of Chapter 2. Formation From California Streets And Highways Code >> Division 18. >> Part 8. >> Chapter 2.
36716
. (a) If the city council, following the public hearing,
decides to establish the proposed district, the city council shall
adopt a resolution of formation that shall contain all of the
following:
(1) A brief description of the proposed activities and
improvements, the amount of the proposed assessment, a statement as
to whether the assessment will be levied on property or businesses
within the district, a statement about whether bonds will be issued,
and a description of the exterior boundaries of the proposed
district. The descriptions and statements do not need to be detailed
and shall be sufficient if they enable an owner to generally identify
the nature and extent of the improvements and activities and the
location and extent of the proposed district.
(2) The number, date of adoption, and title of the resolution of
intention.
(3) The time and place where the public hearing was held
concerning the establishment of the district.
(4) A determination regarding any protests received. The city
shall not establish the district or levy assessments if the
assessment ballots submitted, and not withdrawn, in opposition to the
proposed assessment exceed one-third of the total assessment ballots
submitted, and not withdrawn, weighting those assessment ballots by
the amount of the proposed assessment to be imposed upon the
identified parcel for which each assessment ballot was submitted.
(5) A statement that the properties or businesses in the district
established by the resolution shall be subject to any amendments to
this part.
(6) A statement that the improvements and activities to be
provided in the district will be funded by the levy of the
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 establishment of the district.
(7) A finding that the property or the businesses within the area
of the district will be benefited by the improvements and activities
funded by the assessments proposed to be levied.
(b) The adoption of the resolution of formation and recordation of
the notice and map pursuant to Section 36718 shall constitute the
levy of an assessment in each of the fiscal years referred to in the
management district plan.