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2180 Milvia Street, Berkeley, CA 94704 
Tel: (510) 981-6900, TDD: (510) 981-6903
Office Hours: Monday - Friday  8 a.m. - 5 p.m., E-mail: clerk@ci.berkeley.ca.us

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Public Hearings     |     City Council Agendas & Summaries


July 15, 2003 Public Hearing:
 

  1. Intention to Reestablish Telegraph Property and Business Improvement District 

    RESOLUTION DECLARING INTENTION TO REESTABLISH THE TELEGRAPH PROPERTY AND BUSINESS IMPROVEMENT DISTRICT

     

    WHEREAS, 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 assessments; and

     

    WHEREAS, 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

     

    WHEREAS, this District has successfully provided improvements and activities for five years as authorized in the referenced legislation and Resolution but is expiring; and

     

    WHEREAS, 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.

     

    NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Berkeley as follows:

     

    Section 1.            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.

     

    Section 2.            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.

     

    Section 3.            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.

     

    Section 4.            Council intends to levy assessments on property within the boundaries of the District according to the method and basis described in Exhibit A.

     

    Section 5.            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.

     

    Formal 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.

     

    Any 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.

     

    If 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.

     

    Section 6.            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.

     

    Section 7.            The City Clerk shall certify to the passage of this Resolution and cause the same to be published in accordance with the Act.

     

    For further technical information, please contact Ted Burton, Economic Development, (510) 981-7536.

     

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City Clerk Department
2180 Milvia Street, Berkeley, California  94704
Telephone (510) 981-6900; TDD (510) 981-6903; Fax (510) 981-6901
Office Hours: Monday - Friday, 8 a.m. - 5 p.m.
E-mail:
clerk@ci.berkeley.ca.us
Graphic: New Information Note: Some City buildings and services will be closed to the public on holidays and reduced services days. Access the City's Holiday and Reduced Service Days Schedule.