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HomeMy WebLinkAbout98-82 - Newport Beach Restaurant Improvement DistrictRESOLUTION NO. 98 - 82 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CONFIRMING THE NEWPORT BEACH RESTAURANT IMPROVEMENT DISTRICT ANNUAL REPORT AND LEVYING THE ASSESSMENT FOR THE 1999 CALENDAR YEAR. WHEREAS, the Newport Beach Restaurant Improvement District was established pursuant to the Parking and Business Improvement Area Law of 1989, California Streets and Highways Code, Section 36500 et seq., (hereinafter the "Act "), which requires an annual report to be filed and approved by the City Council for each fiscal year; and WHEREAS, on November 13, 1995 the City Council approved the establishment of the Newport Beach Restaurant Improvement District which commenced on January 1, 1996; • and WHEREAS, on November 23, 1998 the Newport Beach Restaurant Improvement District annual report was filed and approved by the City Council and Resolution of Intent No. 98 -76 to levy assessments was adopted as required by the Act; and WHEREAS, the City Clerk has caused the Resolution of Intention to be published once in a newspaper of general circulation in the City at least seven days before the public hearing, in compliance with the Act. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as • follows: Section 1: The City Council hereby confirms the Annual Report and approves the • renewal of the Newport Beach Restaurant Improvement District for the 1999 calendar year pursuant to the Act. Section 2: The businesses included within the District will remain the same, i.e., all restaurant establishments within Newport Beach. Section 3: The City Council hereby levies, imposes and orders the collection of a benefit assessment upon persons conducting a restaurant business in the District. For those establishments with I l or more employees the benefit assessment shall be equal to the City's usual annual business license fee as established pursuant to Chapter 5.08 of the Municipal Code, and for those businesses with 10 or fewer employees the annual assessment shall be $50.00. Section 4: The benefit assessments shall be collected by the City in one annual • installment. Assessments will be levied on the date the annual District renewal becomes effective, and for new businesses in the District on the day of the issuance of a business license by the City. The assessment for new businesses shall be pro -rated according to the number of full months remaining in the District's fiscal year. Section 5: The penalty for delinquent payments shall be twenty -five percent of the assessment amount per month, providing that the penalty to be added shall in no event exceed one hundred percent of the assessment amount due. Section 6: The improvements and activities to be funded by the benefit assessments shall include only the following: • 1. Marketing, advertising, public relations, industry advocacy and member communications for the benefit of restaurants in Newport Beach. • This resolution shall take effect immediately upon adoption. Passed and adopted by the City Council of the City of Newport Beach at a regular meeting held on the 14th day of December 1998. ATTEST: CLERK CITY • F: \USERS\PLMSHARED\BIDS \REST -TID \COUNCIL \99RENEw\CC- RES02.DOC • • STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 98 -82, was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 14th day of December, 1998, and that the same was so passed and adopted by the following vote, to wit: Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the • official seal of said City this 1511 day of December, 1998. (Seal) • City Clerk of the City of Newport Beach, California