DECLARING INTENTION TO REESTABLISH THE TELEGRAPH PROPERTY AND
BUSINESS IMPROVEMENT DISTRICT
the Property and Business Improvement District Law of 1994
(California Streets and Highways Code section 36600 et. seq.,
hereafter the “Act”) authorizes cities to fund property related
improvements, maintenance and activities through the levy of
assessments upon the real property that benefits from those
as authorized by the Act, the City Council established the Telegraph
Property and Business Improvement District (the “District”) by
Resolution No. 59, 599-N.S. on July 7, 1998; and
this District has successfully provided improvements and activities
for five years as authorized in the referenced legislation and
Resolution but is expiring; and
property owners in the Telegraph Commercial District have presented
petitions asking the City of Berkeley to initiate special assessment
proceedings to reestablish the District for an additional five years
in accordance with the Act for the purpose of undertaking and
implementing the services described in summary form in Exhibit A.
THEREFORE, BE IT RESOLVED by the City Council of the City of
Berkeley as follows:
Pursuant to Streets and Highways Code Section 36600 et. seq.
the City Council declares its intent to consider the reestablishment
of a property and business improvement district to continue to be
named the Telegraph Property and Business Improvement District.
The proposed boundaries of the District remain the same as
already established and as set forth in the description and map that
are included in Exhibit A.
The improvements and activities proposed are as provided in
the summary included in Exhibit A., and as is available in the
complete management district plan that is available to all property
owners at the address specified in Exhibit A.
Council intends to levy assessments on property within the
boundaries of the District according to the method and basis
described in Exhibit A.
A public hearing shall be held before the City Council on
July 15, 2003 in the Council Chambers, 2134 Martin Luther King Jr.
Way, Berkeley, California. Following
the hearing, the Council will consider adoption of an ordinance
reestablishing the District. At
this hearing the Council will hear all interested persons for or
against the reestablishment of the District, the extent of the
District, and the furnishing of specified types of improvements and
activities. A protest
may be made orally or in writing by any interested person.
protests against the reestablishment of the District must be made in
writing on the assessment ballot provided by the City, which shall
contain a description of the property in which the person
subscribing the protest is interested sufficient to identify the
property. Protests will
not be considered valid unless signed and submitted by an owner of a
parcel within the boundaries of the proposed District.
Written protests shall be filed with the City Clerk, First
Floor, City Hall, at 2180 Milvia Street Berkeley, California, 94704,
at or before the time fixed for the hearing and shall contain a
description of the property in which the person subscribing the
protest is interested sufficient to identify the property.
protest pertaining to the regularity or sufficiency of the
proceedings shall be in writing and shall clearly set forth the
irregularity or defect to which the objection is made.
written protests are received from the owners of properties in the
proposed District that will pay fifty percent (50%) or more of the
assessment proposed to be levied, no further proceedings to
establish the district shall be taken for a period of one year from
the date of the finding of a majority protest by the City Council.
If the majority protest is only against the furnishing of a
specified type or types of improvements or activities within the
District, those types of improvements or activities shall be
eliminated. Any person
having a question regarding the hearing proceedings may telephone
(510) 981-6900. Any
person having a question regarding the establishment and operation
of the proposed district may telephone (510) 981-7534.
The City Clerk is directed to give notice of said hearings as
provided in Section 36623 of the Act and Section 54954.6 of the
Government Code, which includes the publication of this Resolution
of Intention in a newspaper of general circulation in the City of
Berkeley once, at least seven (7) days before the public hearing and
the mailing of a complete copy of this Resolution by first class
mail to each property owner to be assessed in the district and each
local chamber of commerce and business organization known by the
City Council to be located within the proposed district no later
than 10 days before the public hearing. The public hearing shall be
held not more than 60 days after the adoption of this Resolution.
The City Clerk shall certify to the passage of this
Resolution and cause the same to be published in accordance with the
technical information, please contact Ted Burton, Economic
Development, (510) 981-7536.