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RESOLUTION NO. 141-2006
DECLARING THE RESULTS OF THE MAJORITY PROTEST PROCEEDINGS
AND ESTABLISHING THE DANVILLE TOURISM BUSINESS
IMPROVEMENT DISTRICT (DTBID)
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 upon
petition by a weighted majority of the lodging business owners located within the
boundaries of the District; and
WHEREAS, a majority of the lodging business owners subject to assessment within
the Danville Tourism B:usiness Improvement District (DTBID) have petitioned the
Town Council to establish the DTBID; and
WHEREAS, included with the petitions was a Management District Plan summary
that describes the proposed assessment to be levied on lodging businesses within
the DTBID to pay for 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 as set forth in Streets and Highways
Code Section 36610; and
WHEREAS, the lodging businesses within the DTBID will be benefited by. the
activities and improvements set forth in the Management District Plan; and
WHEREAS, on October 3, 2006, the Danville Town Council adopted 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," which provides that a public hearing on the
establishment of the DTBID will be held on November 21, 2006 at 7:30 p.m. in the
Town Meeting Hall located at 201 Front Street, Danville, California 94526; and
WHEREAS, the public hearing to consider the formation of the DTBID has been
properly noticed in accordance with Streets and Highways Code Section 36623; and
WHEREAS, at 7:30 p.m. on November 21, 2006, in the Town Meeting Hall, 201 Front
Street, Danville, California, the Town Council held a public hearing regarding the
establishment of the DTBID, and the Town Council heard and received all objections
and protests to the. establishment of the DTBID and the levy of the proposed
assessment; 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 name of the district shall be the Danville Tourism Business
Improvement District.
Section 3. The DTBID is established for a term of four (4) years and two (2)
months.
Section 4. The activities and improvements set forth in the recitals will be
funded by the levy of an assessment on lodging businesses within the DTBID, as
described in the Management District Plan that is on file with the City Clerk.
Section 5. The DTBID assessment will 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 6. The assessments shall be used for the purposes set forth in the
above recitals and any 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 set forth herein.
Section 7. The revenue from the levy of the assessments on lodging
businesses within the DTBID shall not be used to provide for activities or
improvements outside the DTBID or for any purpose other than those specified
herein.
Section 8. The assessments to fund the activities and improvements for the
DTBID will be collected at the same time and in the same manner as are transient
occupancy taxes, and, in accordance with Streets and Highways Code Section 36631,
all delinquent payments for assessments levied herein shall be charged interest and
penalties in the same manner as are transient occupancy taxes.
PAGE 2 OF RESOLUTION NO. 141-2006
Section 9. It is estimated that 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. Properties within the PBID will be subject to any amendments to
the Property and Business Improvement District Law of 1994, California Streets and
Highways Code Section 36600 et seq.
Section 11. The Town of Danville shall contract with the TVCVB to
administer the DTBID and shall transmit its collected assessments to the TVCVB.
Section 12. 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 13. The TVCVB shall, pursuant to Streets and Highways Code
Section 36650, cause to be prepared a report for each fiscal year, except the first year,
for which assessments are to be levied and collected to pay the costs of the
improvements and activities described in the report. The TVCVB's first report shall
be due after the first year of operation of the district.
Section 14. No bonds shall issue to fund the DTBID.
Section 15. The exterior boundaries of the DTBID are the city limits of the
Town of Danville and are depicted on the map attached and incorporated herein as
Exhibit 1.
Section 16. The City Clerk is directed to record in the Contra Costa County
Recorder's Office a notice and assessment diagram, as required by Streets and
Highways Code Section 36627. The text of the recorded notice shall state that the
assessment is levied only against lodging businesses within the area of the DTBID.
PAGE 3 OF RESOLUTION NO. 141-2006
Section 17. 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 were heard.
Section 18. The Town Council hereby determines that there was not a
majority protest within the meaning of California Streets and Highways Code
Section 36525.
Section 19. Further information regarding the proposed Danville Tourism
Business Improvement District may be obtained from the City Clerk, Town of
Danville, 510 La Gonda Way, Danville, California 94526.
Section 21. 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 November 21, 2006,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Stepper,
None
None
None
Shimansky, Andersen, Arnerich, Doyle
~
APPROVED AS TO FORM:
(r/2{~rB.LU7~
CITY ATTORNEY )-
PAGE 4 OF RESOLUTION NO. 141-2006
Danville Tourism BID Boundaries
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Town of Danville
EXHIBIT 1