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HomeMy WebLinkAboutOrdinance 643 MBTBID '89 Disestablishment OrdinanceORDINANCE NO. 643 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA RESCINDING MORRO BAY MUNICIPAL CODE CHAPTER 3.60 AND DISESTABLISHING THE OLD MORRO BAY TOURISM BUSINESS IMPROVEMENT DISTRICT FORMED IN 2009 THE CITY COUNCIL City of Morro Bay, California THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA DOES HEREBY FIND AND ORDAIN AS FOLLOWS S ECTION I. AUTHORITY. This ordinance is adopted pursuant to the Parking and Business Improvement Area Law of 1989 ("89 Law"), Streets and Highways Code section 36500 et seq. and Resolution Number 58-21 adopted by the City Council on August 24, 2021, entitled a `Resolution of the City Council of the City of Morro Bay Declaring its Intention to Disestablish the Morro Bay Tourism Business Improvement District Pursuant to the Parking and Business Improvement Area Law of 1989, and Set a Public Hearing.' Such resolution was published and mailed as provided by law and a public hearing was held by the City Council at its regular meeting on September 14, 2021, at which time all persons desiring to be heard and all objections made or filed were fully heard The City Council duly concluded the hearing on September 14, 2021. S ECTION Il. AREA DISESTABLISHED The City Council finds and determines that public convenience and necessity require disestablishment of the old "89 Law" MBTBID for reasons given in the Resolution of Intention. Pursuant to Streets and Highways Code section 36550, of the Parking and Business Improvement Area Law of 1989 the old 89 Law Morro Bay Tourism Business Improvement District, established on April 27, 2009, is hereby disestablished, and furthermore Morro Bay Municipal Code Chapter 3.60 is hereby rescinded in its entirety. S ECTION III. EFFECTIVE DATE. This Ordinance shall be in full force and take effect 30 days after the date of its adoption. S ECTION IV. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional. -1- Ordinance No. 643 SECTION V. CERTIFICATION. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be posted and codified in the manner required by law. INTRODUCED at a regular meeting of the City Council held on the 14th day of September 2021, by motion of Council Member Addis and seconded by Council Member Heller. PASSED AND ADOPTED on the 28th day of September 2021. AYES. Headding, Addis, Barton, Ford, Heller NOES. None ABSENT: None ATTEST: NA SWANSON, City Clerk APPROVED AS TO FORM: Cho:s _A/e c.Lm,2 b /167 CHRIS F. NEUMEYE ,City Arney JOH1 EMI SING; Mayor -2- Ordinance No. 643 STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) CITY OF MORRO BAY ) I, Dana Swanson, CITY CLERK OF THE CITY OF MORRO BAY, DO HEREBY CERTIFY that the foregoing Ordinance Number 643 was duly adopted by the City Council of the City of Morro Bay at a regular meeting of said Council on the 28th day of September 2021, and that it was so adopted by the following votes AYES' Headding, Addis, Barton, Ford, Heller NOES' None ABSENT: None IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Morro Bay, California, this Lifik day ofQ-- kYttte DANA SWANSON, City Clerk -3- Ordinance No. 643