NVF:KMM:KML
05/18/2023
T-289.001 / 2023076 1
Council Agenda: 06-06-2023
Item No.: 8.2(a)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
RESOLUTION NO. ______________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN JOSE APPROVING THE DOWNTOWN BUSINESS
IMPROVEMENT DISTRICT BUDGET REPORT FOR
FISCAL YEAR 2023-2024, AS FILED OR MODIFIED BY
THE CITY COUNCIL, AND LEVYING THE DOWNTOWN
BUSINESS IMPROVEMENT DISTRICT ASSESSMENTS
FOR FISCAL YEAR 2023-2024
WHEREAS, the City Council of the City of San José established the Downtown Business Improvement District ("BID") pursuant to Ordinance No. 22960 dated October 20, 1988, pursuant to the California Parking and Business Improvement Area Law, California Streets and Highway Code §36500 et seq. ("Improvement Law"); and
WHEREAS, under and pursuant to the Improvement Law, on May 23, 2023 the Council adopted Resolution No. RES2023-158, a resolution declaring the Council's intention to levy the assessments for Fiscal Year 2023-2024 in the BID; and
WHEREAS, said Resolution No. RES2023-158 was duly published, as provided by the Improvement Law; and
WHEREAS, as specified in Resolution No. RES2023-158, a public hearing concerning the levy of assessments for Fiscal Year 2023-2024, was held before the Council on June 6, 2023, at the meeting beginning 11:00 a.m. (to be heard no sooner than 1:30 p.m.) in the Council Chambers of the City of San José, 200 East Santa Clara Street, San José, California, or by teleconference that is open to the public and enables public comment; and
WHEREAS, __ written protests against the levy of assessments or against any specified improvement or activity were filed with the City Clerk; and
NVF:KMM:KML
05/18/2023
T-289.001 / 2023076 2
Council Agenda: 06-06-2023
Item No.: 8.2(a)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
WHEREAS, __ oral protests were made at the hearing against the levy of assessments or against any specified improvement or activity;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE THAT:
1. The Council hereby finds that there were __ written protests against the levy of assessments for Fiscal Year 2023-2024 and/or against any specified improvement or activity in the BID, and that there is no majority protest within the meaning of Section 36525 of Improvement Law.
2. The Budget Report for Fiscal Year 2023-2024 filed with the City Clerk pursuant to Resolution No. RES2023-158 is hereby approved.
3. The Council hereby finds and determines that the businesses lying within the BID will be benefited by the expenditure of the funds raised by the assessments or charges proposed to be levied.
4. The levying of assessments in the BID for Fiscal Year 2023-2024 in accordance with this Resolution is hereby authorized.
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NVF:KMM:KML
05/18/2023
T-289.001 / 2023076 3
Council Agenda: 06-06-2023
Item No.: 8.2(a)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
ADOPTED this _____ day of ___________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk