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Pursuant to the Act3, 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 each fiscal year. The purpose of this process is to comply with the Act provisions regarding public notice and hearing prior to establishing the benefit assessments for the following fiscal year. 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 any specific budget item) from business owners which will pay fifty percent or more of the assessments proposed to be levied as to any specific budget item pursuant to GC Section 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. 2104 NCS §2 (part), 2000.)

3Editor’s Note: The Act refers to the Parking and Business Improvement Area Law of 1989, Part 6 (commencing with Section 36500) of Division 18 of the California Streets and Highways Code.