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HomeMy WebLinkAbout17955 - RESOLUTIONS - 10/7/1992RESOLUTION NO. 17955 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR r THE LEVY OF AN ASSESSMENT FEE ON ALL BUSINESSES CONDUCTED WITHIN SUCH DISTRICT, DESCRIBING THE', BOUNDARIES OF THE PROPOSED AREA, THE PROPOSED USES TO WHICH THE REVENUE SHALL BE PUT, THE INITIAL RATE', OF FEES TO BE LEVIED UNDER THE ASSESSMENT, FIXING THE TIME AND PLACE OF A HEARING AND DIRECTING THE GIVING OF NOTICE OF SUCH HEARING. WHEREAS the businesses in the downtown central business district are disadvantaged and under utilized and unable to attract customers due to inadequate facilities, services, activities and funding in the downtown area; and WHEREAS the City Council also finds and declares that it is in the public interest to promote the economic: revitalization and physical maintenance of the downtown business district in order to create jobs, attract new businesses and prevent erosion of the district; and WHEREAS the City Council also finds and declares that assessments levied for the purposes of providing improvements and promoting activities which benefit both individual businesses may also benefit the property within the area directly or indirectly and are not taxes for the general benefit of the City of Palm Springs, but confer special benefits upon the businesses for which the improvements and activities acre provided; and WHEREAS the Parking and Business Improvement Area Laws of 1979, and the Parking and Business Improvement Area Law of 1989, (Streets and Highway ' Code, Sections 36500 et seq.) allow an additional levy to be imposed on businesses within the area to provide revenue to improve business within the established areas; and r WHEREAS the law requires a resolution of intention to levy an annual assessment for the fiscal year 1992-93 and the holding of a public hearing. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, California, that it intends to levy an annual assessment fee within the provisions established by the Parking and Business Improvement Act Laws of 1979 and 1989, commencing with Section 36500 of the Streets and Highways Code and under the following conditions: ' Section 1. That the boundaries of the area shall continue to '.be defined as all property and businesses within the delineated area as shown on the map marked Exhibit "A"„ incorporated herein by reference and on file in the office of 'the City Clerk showing the proposed area. Section 2. The District shall continue to be designated the "Downtown Business Improvement District, of Palm Springs" (DBI:D of Palm Springs). + Section 3. That Wednesday, October 7, 1992 at 7:30 P.M. in the Council Chambers of the Palm Springs City Hall, 3200 Tahquitz Canyon, ' Palm Springs, California, is hereby fixed and designated as the date, hour and place of a hearing to be held by the r � Res. No. 17955 )� r Page 2 Palm Springs City Council to consider the establishment of such business improvement area, the boundaries thereof, the proposed uses to which the revenue shall be put, the rate of the fee and the breakdown by class of businesses and all related and pertinent matters, including protests to any of the foregoing. Section 4. That the proposed uses to which the revenue shall be put are as follows: A. The general promotion of retail trade activities in the area; B. Development and promotion of the general image of downtown; . C. Promotion of public events which benefit businesses in the area and which take place on or in public places within the area; D. Furnishing of music in any public place in the area; E. Decoration of any public place in the area; F. Those improvements decided by the district for the betterment of the Central Business District; G. The general promotion and administration of business activities in the area. • Section 5. That the rate of levy for the Assessment District, with a ' breakdown by class of business, shall continue to be as is set forth in Exhibit "B", incorporated herein by reference and on file with the City Clerk. Gross receipts shall be " calculated using a fiscal year ending June 30. The minimum assessment is $90. Section 6. That additional revenue may be derived from businesses not subject to the levy on a voluntary basis. Section 7. That at the public hearing written and oral protest may be made pursuant to Section 36524 and 36525 of the Streets and Highway Code, Parking and Business Improvement Area Law of 1989. Section 8. That the fiscal year for the "Downtown Business Improvement District" shall continue to be from and after October 1 through and including September 30 and that new businesses entering the district during the year pay a flat fee of $90. Any business commencing on or between the dates of August 1 through October 31 will not be assessed until November 1, and will then only be assessed for the Fiscal year commencing November 1. ` Section 9. That the City Clerk shall give notice of the time, place and purpose of said hearing by publication of this resolution once in a newspaper of general circulation in the City seven (7) days prior to the time of the hearing. Section 10. That a full detailed copy of the report for 1992-93 fiscal year is on file with the City Clerk. Res. No. 17955 Page 3 Section 11. That the City Clerk: certify to the adoption of this Resolution. Adopted this 7th day of October , 1992.. AYES: Coucnilmembers Hodges, Lyons, Reller, Schlendorf and Mayor Maryanov NOES: None ABSENT: None ATTEST: CITY OF PALI GS, CALIFORNIA BC(' y� City Clerk i v Managl r REVIEWED & APPROVED /6-3