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ORDINANCE NO. 2013-12 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE <br />CITY OF NEWPORT BEACH, CALIFORNIA, <br />REPEALING ORDINANCE NO. 95-50 AND <br />ORDINANCE NO. 97-37 AND DISESTABLISHING <br />THE MARINE AVENUE BUSINESS <br />IMPROVEMENT DISTRICT <br />WHEREAS, the Parking and Business Improvement Area Law of 1989 <br />(California Streets and Highways Code Sections 36500 et seq.) ("Act") authorizes cities <br />to establish parking and business improvement areas for the purpose of imposing <br />assessments on businesses for certain activities; <br />WHEREAS, on October 19, 1995, the City Council of the City of Newport Beach <br />("City") adopted Ordinance No. 95-50 establishing the Marine Avenue Business <br />Improvement District ("BID"); <br />WHEREAS, on January 26, 1998, the City Council of the City adopted Ordinance <br />No. 97-37 that modified the basis for levying assessments in the BID; <br />WHEREAS, on January 17, 2013, the BID's Advisory Board voted to recommend <br />that the City Council disestablish the BID in order to allow the businesses within the BID <br />to form a merchant association independent of the City; <br />WHEREAS, on April 23, 2013, the City Council of the City adopted Resolution <br />No. 2013-38 ("Resolution") declaring its intention to disestablish the BID and set a <br />pubiic.hearing for May '1.4, 2013 at 7:00 p.m., or as soon thereafter as the matter may <br />be heard, in the City Council Chambers located at 100 Civic Center Drive, Newport <br />Beach., California, pursuant to California Streets and Highways Code Section 36550; <br />WHEREAS, in accordance with California Streets and Highways Code Section <br />35523(a), the City Clerk,caused a complete copy of the Resolution to be published in a <br />newspaper of general circulation in the City; <br />WHEREAS, in accordance with California Streets and Highways Code Section <br />3652,3(b), the City Clerk caused a complete copy of the Resolution to be mailed by first- <br />class mail to each business owner assessed within the BID, within seven (7) days <br />following the adoption of the Resolution; and <br />WHEREAS, on May 14, 2013, a public hearing was held in the City Council <br />Chambers located at 100 Civic Center Drive, Newport Beach, California, where <br />evidence, both written and oral, was presented to, and considered by, the City Council <br />during this public hearing. <br />