HomeMy WebLinkAbout12-022 CC Resolution RESOLUTION NO. 12-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA LEVYING AN ASSESSMENT FOR
FISCAL YEAR 2012-2013 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 "2011-2012 Annual
Report" and "2012-2013 Annual Report: Budget and Marketing Plan" (the "Reports"),
and on February 14, 2012, Resolution No. 12-14, the City Council preliminarily
approved such Report as filed.
Section 5. On February 14, 2012, the City Council adopted its Resolution of
Intention, Resolution No. 12-15, declaring its intention to levy and collect an assessment
for fiscal year 2012-2013 (March 1, 2011 through February 28, 2012) 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 2012-2013. 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 2012-2013 was heard and considered. The City
Council hereby determines that there was no majority protest within the meaning of the
Act.
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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 specially benefited by the expenditure of
funds raised by the assessment for fiscal year 2012-2013, (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 2012-2013 in accordance with Resolution No. 12-14, 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 2012-2013. 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 28th day of February, 2012. " ��?
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'huc Washington, Mayor
ATTEST:
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Susan W Jone , MMC
City CI
[SEAL]
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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. 12-22 was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 28th day of February, 2012, by the
following vote:
AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Roberts,
Washington
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
(�(�-
Susan W. Jones, MMC
City Clerk
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