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HomeMy WebLinkAboutReso 2009-067 - TMBID . . RESOLUTION NO. 2009 - 67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING DECLARING ITS INTENTION TO RENEW THE TOURISM MARKETING BUSINESS IMPROVEMENT DISTRICT (TMBID) AND FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND HEARING THEREON AND GIVING NOTICE THEREOF WHEREAS, the Property and Business Improvement Law of 1994, Streets and Highways Code S 36600 et seq., authorizes cities to establish property and business improvement districts for the purposes of promoting tourism. WHEREAS, the City Council established the Tourism and Marketing Business Improvement District (TMBlD) by adoption of Resolution June 3, 2008. WHEREAS, the TMBID expires on June 30,2009. WHEREAS, Streets and Highways Code S 36600provides that a district that has previously expired may be renewed. WHEREAS, the Redding Hospitality Group drafted a Management District Plan which sets forth the proposed boundary of the TMBID, a service plan and budget, and a proposed means of governance. WHEREAS, a majority of the lodging businesses, as defined within the Plan, who are subject to assessment under the TMBlD have petitioned the City Council to renew the TMBID thereby establishing an assessment retroactive to July 1, 2009 and continuing until the expiration of the term of the TMBID. W~EREAS, the petitions to renew the district are on file with the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT: 1. The recitals set forth herein are true and correct. 2. The City Council finds that the lodging businesses that will pay more than fifty (50) percent of the assessment proposed in the Management District Plan ("Plan") have signed and submitted petitions in support of the formation of the TMBID. The City Council accepts the petitions and adopts this resolution of intention to renew the TMBID and to levy an assessment on all lodging businesses, as defined in the Plan, within the jurisdictional boundaries of the City of Redding in accordance with the Property and Business Improvement District Law of 1994. ~ o 1 .J 3. The City Council finds that the Management District Plan satisfies all requirements of Streets and Highways Code S 36622. 4. The City Council declares its intention to renew the Tourism Marketing Business . . Improvement District and to levy and collect assessments on all lodging businesses, as defined within the Plan, within the jurisdictional boundaries of the City of Redding pursuant to the Property and Business Improvement District Law of 1994. 5. The name of the district shall remain as the Tourism Marketing Business Improvement District. 6. The assessments levied for the TMBID shall be applied towards marketing activities to promote tourism within the City of Redding. Except for the administrative fee set forth in the Plan, the assessments shall not be used for any other activity or to construct improvements within the TMBID. Funds remaining at the end of any year may be used in subsequent years in which TMBID assessments are levied as long as they are used consistent with the requirements of this resolution. 7. The assessments shall be in addition to any assessments currently applicable within the City of Redding. 8. The TMBID assessment is proposed to be levied on all lodging businesses, as defined in the Plan, within the TMBID boundaries and shall be based upon one percent (1 %) of gross short term (stays less than thirty (30) days) room rental revenue per night. The TMBID boundaries encompass the whole of the jurisdictional boundaries of the City of Redding. Gross revenue is defined as total revenue less any local, state or federal sales taxes or transient occupancy taxes. Assessments shall be levied against lodging businesses, as defined within the Plan, and not on real property. No bonds will be issued. 9. The TMBID is to be renewed for a term commencing on July 1, 2009, and terminating on December 31, 2010, unless renewed pursuant to Streets and Highways Code S 36660. 10. It is intended that the renewal of the TMBID shall result in the collection of assessments retroactively to the date of July 1,2009. II. The time and place for the public meeting to receive comment from any interested person is set for July 21, 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard in the City Council Chambers located at 777 Cypress A venue, Redding, California. 12. The time and place for the public hearing to consider renewal of the TMBID and the levy of assessments is set for August 4, 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers located at 777 Cypress A venue, Redding, California. 13. The City Clerk is directed to provide written, mailed notice to the lodging businesses subject to assessment of the date and time of the public meeting and hearing and to provide that notice pursuant to the requirements set forth in Streets and Highways Code S 36623 and Government Code S 54954.6. A copy ofthis Resolution ofIntention shall be included with said notice. Said notice may also be provided by the Director of Support Services. 14. At the public hearing the testimony of all interested persons for or against the establishment ofthe TMBID may be received. If at the conclusion of the public hearing, there are of record 2 . . written protests by the owners of the hotel businesses within the proposed TMBID that will pay fifty (50) percent or more of the estimated total assessment of the entire TMBID, no further proceedings to renew the TMBID shall occur. 15. The complete Management District Plan is on file with the City Clerk, 777 Cypress Ave., Redding, California 96001 and may be reviewed, and a copy provided, upon request. 16. This resolution shall take effect immediately upon its adoption by the City Council. I HEREBY CERTIFY that the foregoing resolution of intention was introduced and adopted at a regular meeting ofthe City Council on the 16th day of June, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: Dickerson, Jones, McArthur, and Bosetti COUNCIL MEMBERS: None COUNCIL MEMBERS: Stegall COUNCIL MEMBERS: None 12/~ 1<V)JU- RICK BOSETTI, Mayor '1'1. ')_ ATTEST: C' } " ..:1 . )~~~, .' ;...- '. .~.' I )".c. .' \,.. J)),;. -. l ~~ ~'..~: ~ON~!E~TIl~~'~"'Cfuk . '-'::'l:,~~. ~-":""\ , \ '.' FORM APPROVED: ~~~ RICHARD A. DUVE Y, City Attorney , 3