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HomeMy WebLinkAboutReso 58-21 MBTBID '89 Disestablishment ROI 6-8-21RESOLUTION NO. 58-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA DECLARING ITS INTENTION TO DISESTABLISH THE PREVIOUS MORRO BAY TOURISM BUSINESS IMPROVEMENT DISTRICT PURSUANT TO THE PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989; AND SET A PUBLIC HEARING THE CITY COUNCIL City of Morro Bay, California WHEREAS, on April 27, 2009, City Council approved Ordinance No 546 establishing the Morro Bay Tourism Business Improvement District (MBTBID) pursuant to the Parking and Business Improvement Area Law of 1989, Streets and Highways Code §§36500 et seq. ('89 Law); and WHEREAS, on June 8, 2021 with the adoption of Resolution No. 28-21, the City Council established a new Tourism Business Improvement District pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code §§36600 et seq. (' ('94 Law); and WHEREAS, the '89 Law allows the City Council to disestablish the old MBTBID; and WHEREAS, the City Council now intends to disestablish the old MBTBID; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT: 1. The recitals set forth herein are true and correct. 2. The City Council declares its intention to disestablish the old MBTBID (established previsouly on June 8, 2021) pursuant to the '89 Law. 3. The reason for disestablishment of the old MBTBID is because the old MBTBID is being replaced by a new, similar district formed pursuant to the '94 Law. 4. The time and place for a public hearing on the disestablishment of the old MBTBID is set for 5:30 PM, or as soon thereafter, as the matter may be heard on September 14 2021 via teleconference pursuant to Executive Order N-08-21 issued by Governor Newsom on June 11, 2021. 5. The proposal for the disposal of any assets acquired with the revenues of the assessments levied within the '89 Law MBTBID is to transfer them to the '94 Law MBTBID, because the 94 Law MBTBID will contain the same businesses as the '89 Law MBTBID and the assets will be used for marketing and promotions efforts that benefits those businesses who paid the assessment 6. The City Clerk is directed to provide notice of the public hearing in accordance with Streets and Highways Code §36523 by: a. Publishing this Resolution of Intention in a newspaper of general circulation in the City of Morro Bay once, at least seven (7) days before the hearing; and b. Mailing a complete copy of this Resolution of Intention to each and every business owner subject to the assessment within the MBTBID within seven (7) days of the adoption of this Resolution by the City Council. 7. This resolution shall take effect immediately upon its adoption by the City Council. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting of the City Council on the 24th day of August 2021 by the following vote: AYES: Headding, Addis, Barton, Heller NOES. None ABSENT: None ABSTAIN: None ATTEST: A SWANSON, City Clerk al; JOHN HEADDING, Mayor