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HomeMy WebLinkAbout24115RESOLUTION NO. 24115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH THE PALM SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT TO LEVY ASSESSMENTS WITHIN THE DISTRICT AND SETTING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. WHEREAS, the City of Palm Springs is a charter city organized and existing under the laws of the State of California; and WHEREAS, the City Council desires to establish an tourism business assessment district pursuant to the provisions of Streets and Highways Code sections 36500 et seq. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AS FOLLOWS: 1. The City Council hereby declares its intention to establish a business improvement assessment district area to be called the "Palm Springs Small Hotel Tourism Business Improvement District" (hereinafter "Assessment District") pursuant to Streets and Highways Code Section 36500 et seq. 2. The proposed programs and activities of the district shall be for the promotion of the business activity of these designated motel and hotels. The activities include the promotion of tourism in the district, the promotion of public events that benefit motels and hotels operating in the district, the furnishing of music in any public place in the district, and activities that benefit hotel and motel businesses in the district, and possible physical improvements. 3. The location of the Assessment District is the City boundaries of the City of Palm Springs. 4. Except where funds are otherwise available, an assessment will be levied annually to pay for all improvements and activities within the district area. 5. It is the intention of the City Council that the Assessment District shall be responsible for reimbursing the City of Palm Springs for any and all costs the City has or will incur in establishing and otherwise assisting in the administration of the Assessment District. Accordingly such city costs shall be deemed a debt of the Assessment District which such debt shall be paid from revenue received by the Assessment District. 6. The method and basis of levying the assessment will be an assessment calculated as a percentage of each day's daily gross revenue from room rents. The assessment shall be annually as set by resolution of the City Council. It is proposed Resolution No. 24115 Page 2 that the initial assessment shall be at the rate of 1 % of each day's daily gross revenue of room rents received by hotels and motels subject to the assessment. Only hotels and motels of 49 rooms or less shall be subject to assessment. 7. Pursuant to section 36531, new hotel and motel businesses described above shall not be exempt from the levy of the assessment. 8. A public hearing concerning the proposed establishment of the Palm Springs Small Hotel Tourism Business Improvement District and the levy of a proposed 1 % assessment on hotel and motels of 49 rooms or less shall be held by the City Council on Wednesday. November 2. 2015. at 6:00 o.m.. or as soon thereafter as the matter can be heard, in the Council chambers of the City of Palm Springs located at 32400 E. Tahquitz Canyon Way, Palm Springs, California. 9. Any interested person may give testimony at the public hearing concerning the following: whether the proposed Assessment District should be established; extent of the boundary area; the furnishing of specified types of promotion activities, or improvements. A protest may be made orally or in writing. If written protests are received from the owners of businesses in the proposed area which will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than that 50 percent, then no further proceedings shall be taken to form the district for a period of one year. If a majority protest is only against the furnishing of a specified type or types of activities with the district, those types of activities must be eliminated. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularity or defect to which the objection is made. Written protests shall be filed with the clerk at or before the time fixed for hearing. Each written protest shall contain a description of the business in which the person the protestor is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business. A written protest which does not comply with this section shall not be counted in determining a majority protest. 10. The City Clerk shall give notice of the public hearing by causing this resolution to be published once in a newspaper of general circulation in the City in the manner prescribed by Government Code Section 54954.6. Resolution No. 24115 Page 3 PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 5T" DAY OF OCTOBER, 2016. DAVID H. READY, CI GER ATTEST: MES THOMPSON, CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24115 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on 51" day of October, 2016, by the following vote: AYES: Councilmember Foat, Councilmember Kors, Councilmember Roberts, and Mayor Moon. NOES: None. ABSENT: Mayor Pro Tem Mills. ABSTAIN: None. MES THOMPSON, CITY CLERK City of Palm Springs, California ie/ibl z7 ��j