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HomeMy WebLinkAbout124-06 RESOLUTION NO. 124-2006 DECLARING THE INTENTION TO ESTABLISH THE DANVILLE TOURISM BUSINESS IMPROVEMENT DISTRICT (DTBID), FIXING THE TIME AND PLACE OF A PUBLIC HEARING THEREON, AND GIVING NOTICE THEREOF WHEREAS, the lodging establishment in the Town of Danville and the Tri-Valley Convention & Visitors Bureau (TVCVB) are interested in establishing a Danville Tourism Business Improvement District (DTBID) and levying an assessment on certain lodging business(es) within the proposed Danville Tourism Business Improvement District; and WHEREAS, the Property and Business Improvement District Law of 1994, California Streets and Highways Code Section 36600 et seq., ("PBID Law") authorizes cities to establish property and business improvement districts for the purpose of promoting tourism; and WHEREAS, certain lodging business(es) within the proposed Danville Tourism Business Improvement District have requested that the Danville Town Council establish such an improvement district; and WHEREAS, the Town of Danville desires to have the TVCVB manage the activities provided by the proposed DTBID; now, therefore, be it RESOLVED, that the Danville Town Council does hereby resolve, determine and find as follows: Section 1. The recitals set forth herein are true and correct. Section 2. The Town Council finds that the lodging businesses that will pay more than 50% of the assessment proposed in the Management District Plan have signed petitions in support of the formation of the DTBID. The Town Council accepts the petitions and adopts this resolution of intent to establish the DTBID and to levy an assessment on certain lodging businesses within the DTBID boundaries in accordance with the Property and Business Improvement District Law of 1994. Section 3. The Town Council finds that the Management District Plan satisfies all requirements of Streets and Highway Code sections 36622 and 36660. Section 4. The Town Council declares its' intention to establish the Danville Tourism Business Improvement District and to levy and collect assessments within the DTBID boundaries pursuant to the Property and Business Improvement District Law of 1994, California Streets and Highways Code Section 36600 et seq. The boundaries of the DTBID shall be the city limits of the Town of Danville as illustrated on the attached map (Exhibit A). The DTBID shall include all lodging businesses located within these boundaries with 35 rooms or more that are available to the public. Section 5. The name of the district shall be the Danville Tourism Business Improvement District. Section 6. The TVCVB proposes to administer marketing programs to promote Danville as a tourism destination and to fund projects, programs, and activities that benefit lodging businesses within the boundaries of the District. Section 7. The DTBID assessment is proposed to be levied on all lodging businesses within the DTBID boundaries that have 35 rooms or more and are available to the public based upon a flat rate of $1.00 per paid occupied room per night. The Town of Danville shall be responsible for collecting the assessments from the lodging businesses subject to the assessment. Lodging businesses within the boundaries of the DTBID with 35 rooms or more that are available to the public that begin operation after the formation of the DTBID shall be subject to the assessment. Assessments pursuant to the DTBID shall not be included in gross room rental revenue for purpose of determining the amount of the transient occupancy tax. Section 8. The DTBID will have a term of four years and two months. Section 9. It is estimated thc;t.t the annual assessments will be approximately $14,500. The funds raised shall be spent within the boundaries of the DTBID on marketing and promotions to increase tourism and market Danville as a tourist, meeting, and event destination. Funds remaining at the end of any year may be used in subsequent years in which DTBID assessments are levied as long as they are used consistent with the requirements of this Resolution. If the term of the DTBID is not extended beyond its initial term or if the district is terminated before the end of its term pursuant to the PBID Law and there are funds remaining at the end of the term, such funds may be used for purposes consistent with the requirements of this Resolution. Section 10. The Town of Danville shall contract with the TVCVB to administer the DTBID and shall transmit its collected assessments to the TVCVB. Section 11. No bonds will be issued for the DTBID. PAGE 2 OF RESOLUTION NO. 124-2006 Section 12. The time and place for the public hearing to establish the DTBID and the levy of the assessments is set for November 21, 2006 at 7:30 p.m. at the Town of Danville, Town Meeting Hall, 201 Front Street, Danville, California 94526. The Danville City Clerk is to provide written notice to the lodging business(es) of the date and time of the public hearing. Section 13. At the public hearing the testimony of all interested persons for or against the establishment of the District, the boundaries of the District, or the furnishing of specified types of improvements or activities will be heard. Section 14. A protest against the establishment of the DTBID, the boundaries of the DTBID, and the furnishing of a specified type of improvement or activity, as provided in Section 36623, may be made in writing. To count in the majority protest against the DTBID, a protest must be in writing. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a written description of the lodging business in which the person signing the protest is interested, sufficient to identify the lodging business and its address. If the person signing the protest is not shown on the official records of the Town as the owner of the lodging business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the lodging business. If the owner of the lodging business is a corporation, LLC, partnership or other legal entity, the authorized representative for the entity shall be authorized to sign the protest. Any written protest as to the regularity or evidence of the proceedings shall be in writing and clearly state the irregularity or defect to which objection is made. Written protests must be received by the City Clerk of the Town of Danville before the close of the hearing scheduled herein and may be delivered or mailed to the City Clerk, Town of Danville, 510 La Gonda Way, Danville, California 94526. Section 15. If at the conclusion of the public hearing, there are of record, written protests by the owners of the lodging businesses within the proposed DTBID that will pay fifty percent (50%) or more of the estimated total assessments of the entire DTBID, no further proceedings to establish the DTBID shall occur. If the majority of written protests is only as to an improvement or activity proposed, then that type of improvement or activity shall not be included in the District Management Plan. Section 16. Further information regarding the proposed Danville Tourism Business Improvement District may be obtained from the City Oerk, Town of Danville, 510 La Gonda Way, Danville, California 94526. PAGE 3 OF RESOLUTION NO. 124-2006 Section 17. This resolution shall take effect immediately upon its adoption by the Town Council, and the City Clerk shall certify the vote adopting this resolution. APPROVED by the Danville Town Council at a regular meeting on October 3, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Stepper, None None None Shimansky, Andersen, Arnerich, Doyle ~~ APPROVED AS TO FORM: 72w.c13 ~ CITY ATTORNEY J PAGE 4 OF RESOLUTION NO. 124-2006