Loading...
HomeMy WebLinkAboutReso 2005-164 - Hilltop Hotel Business Improvement District (I e RESOLUTION 2005-164 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING DECLARING THE RESUL 1f'S OF THE MAJORITY PROTEST PROCEEDINGS AND ESTABLISHING THE HILLTOP HOTEL BUSINESS IMPROVEMENT DISTRICT WHEREAS, the Property and Business Improvement District Law of 1994 (Stre:ets and Highways Code ~ 36600 et seq.) authorizes cities to establish property and business improvement districts upon petition by a weighted majority of the business owners located within the boundaries of the District. WHEREAS, a majority ofthe hotel business owners subject to assessment within the: Hilltop Hotel Business Improvement District (HHBID) have petitioned the City Council to establish the HHBID. WHEREAS, each petition has been weighted according to the amount ofthe assessment to be paid by the petitioner. WHEREAS, the hotel business owners who signed the petitions will pay more than fifty (50) percent of the proposed assessment. WHEREAS, an annual amount of$600 per fiscal year maybe charged against the HHBID as the reasonable sum due for costs of administration of the HHBID. The hotel business owners' association, when formed, may petition the City Council to waive said charge. WHEREAS, included with the petitions was a management district plan summary that describes the proposed assessment to be levied on hotel businesses within the HHBID to pay for marketjng activities, landscape maintenance, the construction and/or maintenance of underground utilities, decorative streetlights and banners, median and sidewalk improvements, and those other improvements set forth in Streets and Highways Code ~ 36610. WHEREAS, Streets and Highways Code ~ 36623 provides that the petition procedure shall be the equivalent of a protest ballot procedure for purposes of Article XIII D of the California Consti tution. WHEREAS, the hotel businesses within the HHBID will be benefitted by the activities and improvements set forth in the Management District Plan. ~ ~ '0 " (\'. ~ e e '. WHEREAS, on October 18, 2005, the City Council adopted Resolution 2005-145 which provides that a public hearing on the establishment of the HHBID will be held on December 6,2005, at 7:00 p.m. in the City Council Chambers located at 777 Cypress Avenue, Redding, California. WHEREAS, the public hearing to consider the formation of the HHBID has been properly noticed in accordance with Streets and Highways Code ~ 36623. WHEREAS, at 7:00 p.m. on December 6,2005, in the City Council Chambers, 777 Cypress Avenue, Redding, California, the City Council held a public hearing regarding the establishment of the HHBID, and the City Council heard and received all objections and protests to the establishment of the HHBID and the levy of the proposed assessment. WHEREAS, the City Clerk has determined that the weighted petitions submitted and not withdrawn in opposition to the proposed assessment and the formation ofthe HHBID did not exceed the weighted petitions submitted and not withdrawn in favor of the proposed assessment and formation of the HHBID. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT: I. The recitals set forth herein are adopted by the City Council as findings and they are true and correct. 2. The HHBID is established for a five (5) year term that will expire on December 6, 2010. 3. The activities and improvements set forth in the recitals will be funded by the levy of an assessment on hotel businesses within the HHBID, as described in the Management District Plan that is on file with the City Clerk. 4. The HHBID assessment will be levied on all hotel businesses as defined in the Management District Plan, within the HHBID boundaries and shall be based upon one and one-half(I.5) pcercent of gross short-term (stays less than thirty (30) days) room rental revenue per night and "gross revenue" shall be defined as total revenue less any local, state or federal sales taxes or transient occupancy taxes. Stays by persons who are government employees on government business shall be exempt from the assessment. 5. The assessments shall be used for the purposes set forth in the above recitals and any funds remaining at the end of any year may be used in subsequent years in which HHBID assessments are levied as long as they are used consistent with the requirements set forth herein. 2 e e . , 6. The revenue from the levy of the assessments on hotel businesses within the HHBID may not be used to provide for activities or improvements outside the HHBID or for any purpose other than those specified herein. 7. The assessments to fund the activities and improvements for the HHBID will be collected at the same time and in the same manner as are transient occupancy taxes, and, in accordance with Streets and Highways Code 9 36631, all delinquent payments for assessments levied herein shall be charged interest and penalties in the same manner as are transient oc(:upancy taxes. 8. A hotel business owners' association may provide the improvements or activities d{:scribed in the Management District Plan, and the City is hereby authorized to contract with the hotel business owners' association to provide services. 9. When formed, the hotel business owners' association shall, pursuant to Streets and Highways Code 9 36650, cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements and activities described in the report. The owners' association's first report shall be due after the first year of operation of the district. 10. No bonds shall issue to fund the HHBID. 11. The exterior boundaries of the HHBID are depicted on the map attached and incorporated herein as Exhibit A. 12. The City Manager, or his designee, is directed to take all necessary actions to complete the establishment of the PBID and to levy the assessments. 13. The City Clerk is directed to record in the Shasta County Recorder's Office a notice and assessment diagram, as required by Streets and Highways Code 9 36627. The text of the recorded notice shall state that the assessment is levied only against hotel businesses within the area of the HHBID. 3 e e - 1 14. This resolution shall take effect immediately upon its adoption by the City Council. I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the City Council on the 6th day of December, 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: Dickerson, Mathena, Pohlmeyer, Stegall, and Murray COUNCIL MEMBERS: None COUNCIL MEMBERS: None COUNCIL MEMBERS: None Attest: Approved to Form: )', - ~ '. ..~ CONNIE STRO AYE~'Ci!Y~ ~~~ , RICHARD A. DUVERNAY, City Attorney 4 B7 /~ J HILLTOP HOTEUMOTELS INCLUDED IN PROPOSED r- PROJECT AREA +N W E Legend =- . S r- ~ BEST WESTERN HILLTOP INN C2:J HILLTOP LODGE ~ LA QUINTA ~ HOLIDAY INN ~ RED LION ~ MOTEL 6 ~ OXFORD SUITES ~ GRAND MANOR INN ~ HAMPTON INN \ GJ QUALITY INN nt,,~, ~~'')Il:~ ~ ..,-:;;:1 :sv I-- I I ~z ....I -f--- - - :Jf-- _ W J: () W al . . ,,~. .t":' ':.'h'f ING::nR\~\9Gnrr2" ~: .~~ ~: : ti i I i P:\E.CONOMIC OE'v'\PROJECT5\Hl1.lTOP1MPOISnHILL. TOP JMP _015r ~\ r---= 2 1 - -I~ - REMOR ST -] "-- -~ ~ r- I;; ~l I Z ....If----- 0::: ::> Q.. ~f----- 5 L-0 ~ [~~ I f----- . MERCHANT ST ) c ~ ~~ W 0::: () -'---- Z 0:::. ::> W j ,I c:, 5 I-----' i-----l ~ E CYPRESS AVE I 1- HILLTOP IMPROVEMENT DISTRICT HOTEL/MOTEL LOCA TrONS - ~ ~ c- '-- r ! L-- i . I i I i ! I d . ' - . --- I., e " . -- .. . . .