HomeMy WebLinkAbout07-019 CC Resolution
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RESOLUTION NO. 07-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA LEVYING AN ASSESSMENT FOR
FISCAL YEAR 2007-2008 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 "06 Annual Report"
and "07 Annual Report: Budget and Marketing Plan" (the "Reports"), and on February
13,2007, Resolution No. 07-11, the City Council preliminarily approved such Report as
filed.
Section 5. On February 13, 2007, the City Council adopted its Resolution of
Intention, Resolution No. 07-12, declaring its intention to levy and collect an assessment
for fiscal year 2007-2008 (March 1, 2007 through February 29, 2008) 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 2007-2008. 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 2007-2008 was heard and considered. The City
Council hereby determines that there was no majority protest within the meaning of the
Act.
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
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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 2007-2008, (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 2007-2008 in accordance with Resolution No. 07-
12, 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 2007-2008. 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 27th day of February, 2007.
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ATTEST:
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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. 07-19 was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 27th day of February, 2007, by the
following vote:
AYES: 3
COUNCIL MEMBERS:
NOES: 0
COUNCIL MEMBERS:
ABSENT: 2
COUNCIL MEMBERS:
ABSTAIN: 0
COUNCIL MEMBERS:
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Edwards, Naggar, Washington
None
Comerchero, Roberts
None
. Jones, MMC
City Clerk
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