NVF:KMM:KMF
11/20/2024
T-289.007/2159441 1
Council Agenda: 12/10/2024
Item No.: 8.1(b)
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 BUDGET REPORT OF THE
MONTEREY CORRIDOR BUSINESS IMPROVEMENT
DISTRICT AND LEVYING ASSESSMENTS FOR THE
REMAINDER OF FISCAL YEAR 2024-2025
WHEREAS, on December 10, 2024, the City Council of the City of San José (“City”) approved Ordinance No. _______ to establish the Monterey Corridor Business Improvement District ("MCBID") pursuant to Streets and Highways Code Section 36500 et seq, commonly referred to as the Property and Business Improvement Area Law of 1989 (“’89 Law”); and
WHEREAS, on October 8, 2024, the City Council adopted Resolution No. RES2024- 355 declaring its intention to levy assessments, subject to the establishment of the MCBID, for the remainder of fiscal year 2024-2025 and set December 10, 2024 as the date of the public hearing on the levy of the proposed assessments; and
WHEREAS, notice of the public hearing was duly published as provided in Section 36534 of the ‘89 Law; and
WHEREAS, all businesses operating within the TREBID will be charged an assessment rate of $250.00 annually; and
WHEREAS, the total budgeted revenue based on projected collections for Fiscal Year 2024-2025 will be approximately $252,000; and
WHEREAS, as specified in Resolution No. RES2024-355, the City Council conducted a public hearing concerning the levy of assessments for the remainder of fiscal year 2024- 2025 on December 10, 2024, at the City Council meeting beginning at the hour of 1:30 NVF:KMM:KMF
11/20/2024
T-289.007/2159441 2
Council Agenda: 12/10/2024
Item No.: 8.1(b)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
p.m. in the Council Chambers of the City of San José, located at 200 East Santa Clara Street, San José, California; and
WHEREAS, ____ written protests against the levy of assessments or against any specified improvement or activity were filed with the City Clerk; and
WHEREAS, ____ oral protests were made at the hearing against the levy of assessments; and
WHEREAS, the City Council duly considered such protests and determined to levy the assessments as proposed in Resolution No. RES2024-355;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE THAT:
1. The City Council hereby finds that since there were ____ written protests against the levy of assessments for the remainder of fiscal year 2024-2025 and/or against any specified improvement or activity in the MCBID, there is no majority protest within the meaning of Section 36525 of the ‘89 Law.
2. The “Initial Monterey Corridor Business Improvement District (MCBID) Budget Report” prepared by the Monterey Corridor Business Association for Fiscal Year 2024-2025, as filed with the City Clerk pursuant to Resolution No. RES2024-355 or modified by the City Council, is hereby approved.
3. The City Council hereby finds and determines that the businesses lying within the MCBID will be benefited by the expenditure of the funds raised by the assessments or charges proposed to be levied.
NVF:KMM:KMF
11/20/2024
T-289.007/2159441 3
Council Agenda: 12/10/2024
Item No.: 8.1(b)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
4. The levying of assessments in the MCBID for the remainder of fiscal year 2024- 2025 in accordance with this Resolution is hereby authorized.
ADOPTED this _____ day of ___________, 2024, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, MMC
City Clerk