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RESOLUTION NO. RES-22-0125
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH RENEWING THE MIDTOWN
BUSINESS IMPROVEMENT DISTRICT, FIXING THE
BOUNDARIES THEREOF AND PROVIDING FOR THE
LEVY OF ASSESSMENT
The City Council of the City of Long Beach resolves as follows:
Section 1. This resolution is made and enacted pursuant to the provisions of the Property and Business Improvement District Law of 1994 (Section 36600, et seq. of the California Streets and Highways Code, hereinafter sometimes referred to as "the law").
A. On May 24, 2022, the City Council of the City of Long Beach adopted Resolution No. RES-22-0083, entitled "A Resolution Of Intention of the City Council of the City Of Long Beach Declaring the Intention of the City Council to Renew the Midtown Business Improvement District; Fixing the Time and Place of a Public Hearing and to Receive Petitions; Giving Notice Thereof; Authorizing the City Manager to Sign in Favor and Return the City's Ballot; and to Designate the Owners' Association".
B. Pursuant to California Constitution Article XIII D, ballots were mailed to the property owners within the proposed boundaries of the Midtown Business Improvement District (the "District").
C. Further, pursuant to Resolution of Intention, Resolution No.
RES-22-0083, a public hearing concerning the formation of said District was held before the City Council of the City of Long Beach on July 19, 2022, at the hour of 5:00 p.m. in the City Council Chambers of City Hall of the City of Long Beach.
LEM:kjm A21-00179 7-5-22
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D. All written and oral protests made or filed were duly heard, evidence for and against the proposed action was received, and a full, fair and complete hearing was granted and held.
E. At the conclusion of the public hearing, the tabulation of the ballots was performed and among those ballots returned to the City, a weighted majority of the property owners within the District have approved the formation of the District.
F. That following such hearing, the City Council did and does hereby find that the properties and businesses lying within the property and business improvement district herein created, in the opinion of the City Council, will be benefitted by the expenditures of funds raised by the assessment or charges proposed to be levied hereunder.
G. A copy of the Management District Plan is attached as Exhibit "A" hereto ("Management District Plan").
Section 2. That pursuant to said law a property and business improvement district is hereby renewed for a term of ten years, effective January 1, 2023 through December 31, 2032, in the City of Long Beach as herein set forth and that all properties in the district established by this resolution shall be subject to any amendments made hereafter to the law or to other applicable laws.
Section 3. That the boundaries of the property and business improvement district, the activities and improvements to be funded, and the amount of the proposed assessments shall be as indicated in Exhibit "A". No bonds will be issued under the Management District Plan.
Section 4. That the City Council hereby levies and imposes and orders the collection of an annual assessment to be imposed upon properties in the proposed property and business improvement district described above. Such annual assessment shall be equal to the amounts set forth in Exhibit "A".
Section 5. That the Management District Plan, attached hereto as Exhibit LEM:kjm A21-00179 7-5-22
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1 "A", is hereby approved.
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28 Section 6. That the improvements and activities to be provided in the property and business improvement district shall be funded by the levy of assessments and that the proposed uses to which the proceeds of the annual assessment shall be put are limited to those set forth in California Streets and Highways Code Sections 36600 et seq .. as amended. The revenue from the levy of assessments within the District shall not be used to provide improvements, maintenance, or activities outside the District or for any purpose other than the purposes specified in Exhibit "A".
The City Council of the City of Long Beach shall have sole discretion as to how the revenue derived from said assessments is to be used within the scope of the above purposes; provided, however, it shall consider recommendations as to the use of said revenue made by the Midtown Property and Business Owners Association ("MPBOA"), which has been previously designated as the "Owners' Association" for the District.
Section 7. If any section, subsection, sentence, clause or phrase of this resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause and phrase hereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases hereof be declared invalid or unconstitutional.
Section 8. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify to the vote adopting this resolution.
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I hereby certify that the foregoing resolution was adopted by the City Council of the City of Long Beach at its meeting of _____ J_u�ly�19 ____ , 2022, by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers:
LEM:kjm A21�00179 7·5-22
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Zendejas, Allen, Price, Supernaw, Mungo,
Saro, Uranga, Austin, Richardson.
None.
None.
None.
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