Laserfiche WebLink
Ordinance No. 2021-14 <br />Page 2 of 3 <br />WHEREAS, a public hearing was held by the City Council on June 8, 2021, in the <br />Council Chambers located at 100 Civic Center Drive, Newport Beach, California, in <br />person and via teleconferencing, observing restrictions due to the Declaration of a State <br />Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, <br />place and purpose of the public hearing was given in accordance with California <br />Government Code Section 54950 et seq. ("Ralph M. Brown Act"). Evidence, both written <br />and oral, was presented to, and considered by, the City Council at this public hearing. <br />NOW, THEREFORE, the City Council of the City of Newport Beach ordains as <br />follows: <br />Section 1: Ordinance No. 97-24, Ordinance No. 98-15, and Ordinance No. 99- <br />18, are hereby repealed in their entirety. In addition, the City Council repeals all <br />ordinances and resolutions, or portions thereof, which relate to the CdM BID. <br />Section 2: Pursuant to California Streets and Highways Code Section 36550, <br />the City Council hereby disestablishes the CdM BID. <br />Section 3: In accordance with California Streets and Highways Code Section <br />36550(b), assets acquired with the revenues from the assessments levied within the CdM <br />BID shall be donated in accordance with the Resolution. <br />Section 4: In accordance with California Streets and Highways Code Section <br />36551, upon the effective date of this ordinance, any remaining revenues derived from <br />the levy of assessments, or any revenues derived from the sale of assets acquired with <br />the revenues, shall be refunded to the owners of the businesses then located and <br />operating within the CdM BID by applying the same method and basis that was used to <br />calculate the assessment levied this fiscal year or the immediate prior fiscal year if no <br />assessment has been levied for the current fiscal year. <br />Section 5: The recitals provided in this ordinance are true and correct and are <br />incorporated into the operative part of this ordinance. <br />Section 6: If any section, subsection, sentence, clause or phrase of this <br />ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not <br />affect the validity or constitutionality of the remaining portions of this ordinance. The City <br />Council hereby declares that it would have passed this ordinance, and each section, <br />subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or <br />more sections, subsections, sentences, clauses or phrases be declared invalid or <br />unconstitutional. <br />