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HomeMy WebLinkAbout10-004 CC Resolution1 1 1 RESOLUTION NO. 10 -04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA LEVYING AN ASSESSMENT FOR FISCAL YEAR 2010 -2011 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Parking and Business Improvement Area Law of 1989, California Streets and Highways Code Section 36500 et seq. (the "Act authorizes the City Council (the "City Council of the City of Temecula (the "City to levy an assessment against businesses within a parking and business improvement area which is in addition to any assessments, fees, charges, or taxes imposed in the City. Section 2. Pursuant to the Act, the City Council adopted Ordinance No. 05 -16 establishing the Temecula Valley Tourism Business Improvement District (the "District in the City. Section 3. The boundaries of the District are the boundaries of the City and include all lodging businesses therein (as defined in Temecula Municipal Code Section 3.40.020). Section 4. In accordance with Section 36533 of the Law, the Advisory Board for the District prepared and filed with the City Clerk reports entitled "2009 -2010 Annual Report" and "2010 -2011 Annual Report: Budget and Marketing Plan" (the "Reports and on December 8, 2009, Resolution No. 09 -100, the City Council preliminarily approved such Report as filed. Section 5. On December 8, 2009, the City Council adopted its Resolution of Intention, Resolution No. 09 -100, declaring its intention to levy and collect an assessment for fiscal year 2010 -2011 (March 1, 2010 through February 28, 2011) against lodging businesses in the District. Section 6. Following notice duly given pursuant to law, the City Council has held a full and fair public hearing regarding the levy and collection of an assessment within the District for fiscal year 2010 -2011. At the public hearing, the testimony of all interested persons regarding the levy of an assessment against lodging businesses within the District for fiscal year 2010 -2011 was heard and considered. The City Council hereby determines that there was no majority protest within the meaning of the Act. R: /Resos 2010 /Resos 10 -04 1 1 1 1 Section 7. Based upon its review of the Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, and other reports and information presented to the City, the City Council hereby finds and determines that (i) the lodging businesses in the District will be benefited by the expenditure of funds raised by the assessment for fiscal year 2010 -2011, (ii) the District includes all of the businesses so benefited; and (iii) the net amount of the assessment levied within the District for fiscal year 2010 -2011 in accordance with Resolution No. 09 -100, the Report, and Chapter 3.40 of the Temecula Municipal Code is apportioned by a formula and method which fairly distributes the net amount in proportion to the estimated benefits to be received by each such lodging business. Section 8. The City Council hereby confirms the Report as originally filed. Section 9. The adoption of this Resolution constitutes the levy of an assessment for fiscal year 2010 -2011. The assessment formula is set forth in Chapter 3.40 of the Temecula Municipal Code. Assessments shall be paid in monthly installments. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of January, 2010. ATTEST: 'Susan Jones, MMC City CI k [SEAL] R: /Resos 2010 /Resos 10 -04 2 Jeff Comerchero, Mayor I 1 1 STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 10 -04 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of January, 2010, by the following vote: AYES: 5 COUNCIL MEMBERS: Edwards, Naggar, Roberts, Washington, Cornerchero NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None R: /Resos 2010 /Resos 10 -04 3 Susa Jones, MMC City Clerk