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HomeMy WebLinkAboutReso - CC - 035-2002RESOLUTION NO. -js_?n02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DECLARING ITS INTENTION TO ESTABLISH 2002-2003 ASSESSMENTS FOR THE BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT WHEREAS, pursuant to California Streets and Highways Code Section 36500 et sea., the Broadway Area Business Improvement District was established for the purpose of promoting economic revitalization and physical maintenance of this business district; and WHEREAS, the Broadway Area Business Improvement District Advisory Board has filed its 2001-2002 annual report and requested the Burlingame City Council to set the assessments for the 2002-2003 year; and WHEREAS, it appears that the Broadway Area Business Improvement District continues to provide services in enhancing the District and its businesses and properties, NOW, THEREFORE, the City of Burlingame does hereby resolve, determine, and find as follows: 1. The 2001-2002 annual report of the Broadway Area Business Improvement District Advisory Board is approved. 2. The Burlingame City Council intends to levy an assessment for the 2002-2003 fiscal year on businesses in the District, as the District is described in Ordinance No. 1461, to pay for improvements and activities of the District. 3. The types of improvements and activities proposed to be funded by the levy of assessments on businesses in the District are set forth in Exhibit "A", incorporated herein by reference. These activities and improvements are without substantial change from those previously established for the District. 4. The method, basis, and amounts for levying the assessments on all businesses within the District are set forth in Exhibit "B", incorporated herein by reference, and would remain the same as those levied in the previous fiscal year. 5. New businesses shall not be exempt from assessment. 6. A public hearing on the proposed assessments for 2002-2003 is hereby set for May 6, 2002, at 7:00 p.m. before the City Council of the City of Burlingame, at the Council's Chambers at 501 Primrose Road, Burlingame, California. 1 7. The Council will receive testimony and evidence at the public hearing, and interested persons may submit written comments before or at the public hearing, or they may be sent by mail or delivered to the City Clerk at 501 Primrose Road, Burlingame, CA 94010. 8. Oral or written protests may be made at the hearing. To count in a majority protest against the proposed assessment for 2002-2003, a protest must be in writing and submitted to the City Clerk at or before the close of the public hearing on May 6, 2002. A written protest may be withdrawn in writing at any time before the conclusion of that public hearing. Each written protest shall identify the business and its address, include a description of the business and the number of employees. If the person signing the protest is not shown on the official records of the City of Burlingame as the owner of the business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the business. Any written protest as to the regularity or sufficiency of the proceeding shall be in writing and clearly state the irregularity or defect to which objection is made. 9. If at the conclusion of the public hearing, there are of record written protests by the owners of businesses within the District which will pay fifty percent (501/o) or more of the total assessments of the entire District, as to the proposed assessments for 2002-2003, no assessment for 2002-2003 shall occur. If at the conclusion of the public hearing there are of record written protests by the owners of businesses within the District which will pay fifty percent (50%) or more of the total assessments ofthe entire District only as to an improvement or activity proposed, then that type of improvement or activity shall not be included in the District for the 2002-2003 fiscal year. 10. Further information regarding theproposed assessments and changes andprocedures for filing a written protest may be obtained from the City Clerk at City Hall, 501 Primrose Road, Burlingame, California, phone 650 - 558-7203. The annual report of the Business Improvement District is on file and available at the Office of the City Clerk at 501 Primrose Road, Burlingame, California. 11. The City Clerk is instructed to provide notice ofthe public hearing by publishing this Resolution in a newspaper of general circulation in the City of Burlingame in accordance with the requirements of the Government and Streets & Highways Codes and mailing them in accordance with those requirements as applicable. VICE MA OR I, ANN T. MUSSO, City Clerk of the City ofBurlingame do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council on the 1st day of April , 2002, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: BAYLOCK, COFFEY, GALLIGAN, O'MAHONY NOES: COUNCMMEMBERS: ABSENT: COUNCILMEMBERS: JANNEY C:\FILES\B IDB RD W YIB D W YINTR2002.B Il).wpd 9