RES 2026046 - Laserfiche WebLink

Page 22 The above benefit factors, when applied to property in the Maintenance District, specifically increase the utility and usefulness of the property within the Maintenance District. For example, the assessments will provide funding to improve and maintain the public landscaping next to the parcels within the Maintenance District. Such improved and well-maintained landscaping enhances the overall quality, desirability, utility and safety of the properties. General versus Special Benefit Article XIIID, Section 4(a) of the California Constitution requires any local agency proposing to increase or impose a benefit assessment to "separate the general benefits from the special benefits conferred on a parcel." The rationale for separating special and general benefits is to ensure that property owners subject to the benefit assessment are not paying for general benefits. Property may be assessed to fund improvements to the extent of the special benefits conferred by the Improvements; but general benefits are not assessable. Accordingly, a separate estimate of the special and general benefit is given in this section. Article XIIID never defines the term "general benefit." The definition of special benefit in Section 2(i) includes the statement that general enhancement of property value does not constitute special benefit. General benefit may be described as"an indirect,derivative advantage" resulting from the improvements. One infers from Article XIIID that all benefit is either general or special. In other words: Total = General + Special Benefit Benefit Benefit There is no widely-accepted or statutory formula for quantifying the amount of any general benefit that is identified. City of Pleasanton Lighting & Landscape Maintenance District No. 1994-1, SClConsultingGroup Oak Tree Farm Engineer's Report