ATTACHMENT B
.$.S CITY OF STOCKTON
STOCKTON CITY COUNCIL
CITY HALL, STOCKTON, CALIFORNIA 95202
TELEPHONE (209) 937-8458
Doc�: 2010-165429
12/21/2010 02:57:22 PM
Page: 1 of 5 Fee: $0
Kenneth W Blakemore
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San Joaquin County Recorders
Paid By: CITY OF STOCKTON
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I, KA THERINE GONG MEISSNER, do hereby certify as follows:
I am the duly appointed, qualified City Clerk of the City of Stockton, a California municipal corporation; as such City Clerk, I am the custodian of the official records of the City Council of said City. The attached Resolution is a full, true, and correct copy of Resolution No. 10-0406 of said City Council, which was adopted by the City Council on December 14, 2010 on file in the City Clerk's office.
IN WITNESS WHEREOF, I have hereto affixed my hand and the seal of the City of Stockton on December 14, 2010.
KA THERINE GONG MEISSNER, CITY CLERK
CITY OF STOCKTON
By DEPUTY
-(l>! Katherine Gong Meissner, City Clerk
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ATTACHMENT B
Resolution No. 10-0406
STOCKTON CITY COUNCIL
RESOLUTION DECLARI NG RESULTS OF MAJORITY PROTEST
PROCEEDINGS AND ESTABLISHING THE STOCKTON TOURISM
BUSINESS IMPROVEMENT DISTRICT
The Property and Business Improvement District Law of 1994 (Streets and Highways Code § 36600 et. seq.) authorizes cities and counties 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 Lodging business owners who will pay more than fifty percent (50%) of the proposed assessment, as weighted according to the amount of the assessment to be paid by the petitioner, within the boundaries of the Stockton Tourism Business Improvement District ("STBID") have petitioned the City Council to establish the STBID; and
The petitions included a Management District Plan that describes the proposed assessment to be levied on lodging businesses within the STBID to pay for sales promotion and marketing activities and other improvements and activities set forth in the Management District Plan; and
The assessed lodging businesses within the STBID will be benefited by the activities and improvements set forth in the Management District Plan; and On October 19, 2010, City Council adopted a Resolution of Intention (Resolution 10-0351 ); and
The public meeting and public hearing to consider the establishment of the STBID have been properly noticed in accordance with Streets and Highways Code section 36623; and
On November 16, 2010, the City Council held a public meeting regarding the establishment of the STBID, and the City Council heard and received objections and protests, if any, to the establishment of the STBID and the levy of the proposed assessment; and
On December 7, 2010, the City Council held a public hearing regarding the establishment of the STBID, public comments were accepted, and the public hearing was continued until December 14, 2010 for work to be completed on the contract between the City of Stockton and the Stockton Convention and Visitor's Bureau.
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Ua1e December 10, 2010
ATTACHMENT B
· On' December 14, 201 o, the City Council heard and received all objections and protests., If any, to the establishment of the STBID and the levy of the proposed assessment; and
The City Clerk has determ1ned that there was no majority protest. A majority protest is defined as written protests received from owners of buslAesses in the proposed district which would pay fifty percent (50%) or more of the assessments proposed to he levied. Protests are weighted based on the assessment proposed to be leVied on each lodging business; now,. therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF s·rocKJON, AS FOLLOWS:
1, Iha STBID Is hereby established for a flve�year term.
2. The assessments levied for the STBID shall be applied towards sales, promotions, and marketing programs to market Stockton as a tourist, meeting, and event dest1nation, and other improvements and aotiv'.itil!lS as set forth in the Management District Plan, which is on file with the City Clerk and Is hereby approved,
3. The revenue from the levy of the assessments on lodging buslnesses within the STBID may not be used to provide for activities or improvements outside the STBID or for any purpose other than those specified herein, In the Management District Plan, and ln the Resolution of Intention, No bonds will be Issued.
4. The amount .of assessment, if passed on to each transient, shall be separately stated from the amount of rent charged and any other applicable taxes, and eact, transrent shall receive a receipt for payment from the business.
5. The assessments for the entire District will total approximately $847,875 In year one.
6, The activities and improvements set forth wlll be funded by the levy of an assessment on lodging businesses within the STBID as described In the Management District Plan that is on flle with the City Clerk.
7. The boundaries of the STBID shall be the boundaries of the City of Stockton as set forth on the map attached as Exhibit 1 and Incorporated by this reference,
8, The assessments shall be used tor the purposes set forth above, and any funds remaining at the end of any year may be used In subsequent years in which the STBlD assessment ls levied as long as they are used consistent with the requirements set forth herein.
9. The assessments to fL1nd the activities and Improvements for the STBID wlll 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.
ATTACHMENT B
10. The Stockton Convention and Visitors Bureau shall be the Owner's Association pursuant to Streets and Highways Code section 36614.5.
11. Stockton Convention and Visitors Bureau, pursuant to Streets and Highways Code section 36650, shall cause to be prepared a report for each fiscal year, for which assessments are to be levied and collected to pay the costs of the improvement and activities described in the report.
12. The STBID established pursuant to this resolution will be subject to any amendments to the Property and Business Improvement District Law of 1994 (California Streets and Highways Code§ 36600 et. seq.).
13. The City Manager, or his or her designee, is directed to take all necessary actions to complete the establishment of the STBID and to levy the assessments.
14. The City Clerk is directed to record in the San Joaquin 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 STBID.
15. This Resolution shall take effect immediately upon its adoption by the City Council. The adoption of this Resolution and recordation of the notice and map shall constitute the levy of an assessment in each of the fiscal years referred to in the Management District Plan.
16. The STBID Advisory Board, which was established for the 1989 TBID, is no longer necessary and is hereby disbanded.
PASSED, APPROVED AND ADOPTED ___ n_F._C_1_4_?0_10 __ _
ANN JOHN
of the City
ER City Cl
ATTACHMENT B