HomeMy WebLinkAboutResolution No. 18-7807-Establish The Downey Community Benefit District and to Levy and Collect Assessments• r r• •
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WHEREAS, the Downey Community Benefit District Procedural Ordinance, (the "Law")
authorizes the City to establish, for a period not to exceed twenty (20) years, with the option of a
renewed term not to exceed 20 additional years, Community Benefit Districts (CBD) to promote
the economic revitalization and physical maintenance of mixed use and business districts in
Downey; and
WHEREAS, the Law authorizes the City to levy and collect assessments on real
property within such districts for the purpose of providing improvements and promoting activities
that specially benefit real property within such districts; and
WHEREAS, Articles XIIIC and XIIID of the California Constitutionand
Section 53753 of the California Government Code impose certain procedural and substantive
requirements relating to the levy of new or increased assessments; and
WHEREAS, written petitions have been submitted by district property owners allowing
the City Council to initiate proceedings, pursuant to the Law, to establish the District for a 20
year term, with the option of a renewed term not to exceed 20 additional years; and
WHEREAS, such petitions were signed by property owners in the proposed district who
will pay more than thirty percent (30%) of the assessments proposed to be levied; and
WHEREAS, no real properties deriving special benefit within the proposed CBD will be
exempted from payment into the District; and
WHEREAS, a Management District Plan entitled the "Downtown Downey CBD
Management District Plan" (the "Management District Plan") has been prepared and submitted
to the City Clerk, containing all of the information required by Section 36622 of the California
Streets and Highway Code, Streets and Highways Code Section 36600, et seq.; and the local
Law, including a description of the boundaries of the District, the improvements and activities
proposed for the District, and the cost of such improvements and activities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY RESOLVE AS FOLLOWS:
herein;
Section 1. All the recitals above are true and correct and are incorporated by reference
Section 2. Pursuant to the local Law and Section 36621(a) of the California Streets and
RESOLUTION t
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Highways Code, the Citv Council declares its intention to establish the Downev Communitv
Benefit District and to levy and collect assessments against lots and parcels of real property
within the District commencing with fiscal year 2018-19, and for a term of 20 years, with the
option of a renewed term not to exceed 20 additional years.
Section 3. The City Council hereby approves the Management District Plan, on file in
the office of the City Clerk.
Section 4. The City Clerk shall make the Management District Plan and the Assessment
Engineer's report andotherdocuments related to the District available to the public for review
during normal business hours.
Section 5. NOTICE IS HEREBY GIVEN that the City Council shall conduct ;an
assessment ballot proceeding and a public hearing on the establishment of the District and the
levy and collection of assessments for fiscal year 2018-19 on July 24th 2018 at 6:30 p.m., or as
soon thereafter as the matter may be heard, in the City Council Chambers located at 11111
Brookshire Avenue Downey, CA 90241
At the public hearing, the City Council will consider all objections or protests,_ if any, to
the proposed establishment of the District and the proposed assessment. Any interested person
may present written or oral testimony at the public hearing.
At the conclusion of the public testimonyportion of the public hearing, the City Clerk
shall open and tabulate all ballots received from the property owners of the proposed District
and not withdrawn at that time. Results of the ballot procedure will be announced, and, provided
a weighted majority in opposition to the District establishment does not occur, the City Council
may then establish the District by adopting a resolution to that effect.
Section 6 The boundaries of the proposed District generally include all properties listed
within the boundaries of the map on file in the Management District Plan filed in the City Clerk's
office.
Section 7. The proposed activities for the District may include special events, private
security, beautification, marketing, promotional activities, public space development,
enhancement for property owners, street sweeping, steam cleaning, public art and
administration of the services. All proposed services and improvements benefit real property
owners located in the District.
Section 8. The assessment proposed to be levied and collected for fiscal year 2018-19
is $253,589. The amount to be levied and collected for subsequent years may be increased, by
an amount not to exceed five percent (5%) per year.
Section 9. The City Clerk is hereby authorized and directed to mail ballots to property
owners in the proposed District and give notice of the public hearing as provided in Section
53753 of the Government Code and Article XIIID, Section 4 of the California Constitution.
Section 10. if approved, and as provided in the Engineer's Report, the City may recover
its costs associated with the formation of the Downey CBD.
RESOLUTION NO. :1
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Section 11. If approved and as provided in the local Law, the City at its sole discretion
may advance General Funds to the newly formed Downey CBD prior to the City's receipt of
Assessment revenue, to be repaid in less than five years by funds from the Assessment in an
amount not to exceed one -year's projection of assessment revenue along with interest
calculated at the prime rate at the time of the disbursement of City loan to the Downey CBD.
Section 12. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 22nd day of M y, 2018.
SV—AN "la��
ASHTON, Mayor
ATTEST:
a - Ale] - _a,)"A
ARA ALICIA DLI RTE,
City Clerk
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a regular meeting held on the 22nd day of May, 2018 by the following vote,
to wit:
AYES:
Council Members:
Pacheco, Saab, Vasquez, Rodriguez, Mayor Ashton
NOES:"
Council Member:
None.
ABSENT:
Council Member:
None.
ABSTAIN:
Council Member:
None.
4ALI UAL ICIA DARTS, C M C
City Clerk