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HomeMy WebLinkAbout97-22 - Balboa Village Business Improvement DistrictRESOLUTION NO. 97 -2 2 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CONFIRMING THE BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT AND LEVYING THE ASSESSMENT FOR THE 1997 -1998 FISCAL YEAR OF APRIL 1, 1997 TO MARCH 31, 1998. WHEREAS, the Balboa Village Business Improvement District was established pursuant to the Parking and Business Improvement Area Law of 1989, California Streets and Highways Code, Section 36500 et seq., (hereinafter the "Act'), which requires an annual report to be filed and approved by the City Council for each fiscal year; and WHEREAS, on February 27, 1995 the City Council approved the establishment of the Balboa Village Business Improvement District, then known as the Central Balboa Business Improvement District, which commenced on April 1, 1995; and • WHEREAS, on February 26, 1996 the Balboa Village Business Improvement District annual report was filed and approved by the City Council and a resolution of intent to levy assessments was adopted; and on March 11, 1996 the Protest hearing was held prior to the 1996 -1997 fiscal year for the first annual renewal as required by the Act; and WHEREAS, on February 10, 1997 the Balboa Village Business Improvement District annual report was filed and approved by the City Council and Resolution of Intent No. 97 -13 to levy assessments was adopted prior to the 1997 -1998 fiscal year as required by the Act; and • Res 97 -22 WHEREAS, the City Clerk has caused the RESOLUTION OF INTENTION to be • published once in a newspaper of general circulation in the City at least seven days before the public hearing, in compliance with the Act. follows: NOW, THEREFORE, the City Council of the City of Newport Beach resolves as Section 1: The City Council hereby confirms the annual report and approves the renewal of the Balboa Village Business Improvement District for the 1997 -1998 fiscal year pursuant to the Act. Section 2: The location of the District will remain the same: generally on the Balboa Peninsula between Adams Street and Coronado Street as set forth with greater specificity in the map attached as Exhibit A and incorporated herein. • Section 3: The City Council hereby levies, imposes and orders the collection of a benefit assessment upon persons conducting a business in the District. Such benefit assessments shall be equal to City's usual annual business license tax as established pursuant to Chapter 5.08 of the Municipal Code Section 4: The benefit assessments shall be collected by the City in one annual installment, with collections for new businesses in the District on the day of the issuance of a business license by the City. Section 5: The penalty for delinquent payments shall be twenty five percent per month, providing that the penalty to be added shall in no event exceed one hundred percent of the assessment amount due. • Res 97 -22 Section 6: The improvements and activities to be funded by the benefit • assessments shall include only the following: 1. Marketing, advertising and promotion of Balboa Village. 2. Physical improvements within Balboa Village. 3. Tenant improvement and recruitment within Balboa Village. This resolution shall take effect immediately upon adoption. Passed and adopted by the City Council of the City of Newport Beach at a regular meeting held on the 10th dayof March 1997. ATTEST: CITY CLERK ATTACHMENT: Exhibit A - B< F: \USERS \PLMSnARED \I CITYCNC\1997 \0310TRESO.DOC L_I E Balboa Village Business Improvement District Pvb /1c 8e�h /6j6 zot SpQ�es/ Pacific Ocean Newport Bay Park s� yap -coo Balboa Pier Business Improvement District Boundary Exhibit A Park .t; P�b��eooh STATE OF CALIFORNIA } • COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } • I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 97 -22, was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 10th day of March, 1997, and that the same was so passed and adopted by the following vote, to wit: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, and Mayor Debay Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 11th day of March, 1997. (Seal) City Clerk of the City of Newport Beach, California