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HomeMy WebLinkAboutCity Council - 6705 RESOLUTION NO. 6 A RESOLUTION OF THE CITY OF HUNTINGTON BEACH DECLARING ITS INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR FISCAL YEAR 1995-96 TO FUND IMPROVEMENTS WITHIN THE HUNTINGTON BEACH AUTO DEALERS BUSINESS IMPROVEMENT DISTRICT WHEREAS, the Parking and Business Improvement Area Law of 1989, codified at Streets and Highways Code §6500 et seq. (the "Act") authorizes cities to establish parking and business improvement areas for the purpose of imposing benefit assessments on businesses for certain purposes; and The City Council has formed a business improvement area, Huntington Beach Improvement District (the "District"), by at the passage of Ordinance 3175 on September 8, 1992. The time has come to continue the existence of the District for fiscal year 1995-96 by levying assessments on those businesses that benefit from the improvements constructed. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve, determine and find s follows: SECTION 1. The City Council of the City of Huntington Beach hereby declares its intent to levy and collect assessments within the District for fiscal year 1995-96. The levy is to apply to small businesses classified by the City of Huntington Beach License Code as Class A Retail Sales, (AI)Auto, New, Used, Parts, including new business of that classification located within the District as shown in Exhibits A-1 and A-2, in the amounts set forth on Exhibit B, which Exhibits are incorporated herein by reference.. SECTION 2. The assessments collected will be used to cover costs to operate and maintain an electronic reader board located within the City of Huntington Beach west of the intersection of Beach Boulevard and Center Avenue and other promotional and advertising activities. SECTION 3. Exhibit B provides the budget and items which describe the activities of the District and the amount to be assessed to those businesses within the District. This information will be on file with the City Clerk. SECTION 4. A public hearing shall be held before the City Council on September 5, 1995, at 7:00 p.m., or as soon thereafter as this matter may be heard, in the Council Chambers of the City Hall, 2000 Main Street, Huntington Beach, California, at which time the Council will hear all interested persons for or against the continuation of the District, the extent of the District, and the furnishing of specified types of improvements or activities. Protests may be made orally or in writing but if written, shall be filed with the City Clerk at or before the time fixed for the hearing and contain sufficient documentation to verify business ownership and validate the particular protest. If written protests are received by the owners of businesses within the District which will pay 50% or more of the total assessments to be levied, no further proceedings to establish the District shall be taken for a period of one year from the date of the finding of a majority protest by the City Council. If the majority protest is only against the furnishing of a 71kfassessIV9195 specified type or types of improvements or activity within the District, those types of improvements or activities shall be eliminated. SECTION 5. Further information regarding the proposed business improvement district may be obtained at the Huntington Beach City Hall, 2000 Main Street, Huntington Beach, California 92648; telephone (714) 536-5582; or from the Huntington Beach Auto Dealers Association, Inc., P.O. Box 2700, Huntington Beach, CA 92648; telephone (714) 831-8458. SECTION 6. The City Clerk will have this resolution of intention to be published once in a newspaper of general circulation in the city at least seven days before the public hearing. SECTION 7. The City Clerk shall mail a complete copy of this resolution of intention by first-class mail to each business owner in this area within seven days after the Council's adoption of this resolution. SECTION 8. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the _ 21st^ _ day of_ August , 1995. &g:,� r ATTE T: Mayor APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND ROVED (7 [ TIATED AND APPROVED: City Administrator Director o conomic Development 2 MdassessA3095 Res. No. 6705 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 21 st of August, 1995 the following vote: AYES: Councilmembers: Harman, Bauer, Leipzig, Dettloff, Green, Garofalo NOES: Councilmembers: None ABSENT: Councilmembers: Sullivan (out of room) 41V;." City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California G/fo11owuplresbkpg