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Ordinance - 1923ORDINANCE NO. 1923 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ESTABLISHING A BUSINESS IMPROVEMENT AREA TO BE KNOWN AS THE "WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT;" FIXING THE BOUNDARIES THEREOF, AND FIXING THE ASSESSMENT TO BE LEVIED ON THE BUSINESSES IN SUCH AREA The City Council of the City of West Covina does ordain as follows: Section 1: The ACTIONS herein taken are pursuant to the Parking and Business Improvement Area Law of 1989 (Streets and Highways Code section 36500 et seq.) of the State of California (the "Law"). Section 2: This ordinance is adopted pursuant to Resolution of Intention No. 8958 adopted on April 6, 1993, and entitled "RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA TO ESTABLISH A PARKING AND BUSINESS IMPROVEMENT AREA IN THE WEST COVINA AUTO PLAZA AND LEVY ASSESSMENTS WITHIN THAT AREA, AND NOTICE OF PUBLIC MEETING AND HEARING THEREON TO BE CONDUCTED JUNE 1, 1993. " Section 3: Resolution of Intention No. 8958 was published and mailed as provided by the Law and on May 4, 1993, the City Council in its regularly scheduled meeting provided an opportunity for public testimony on the establishment of said Business Improvement District prior to the public hearing held on June 1, 1993, at which the City Council again heard the testimony of all interested persons for or against the establishment of the Business Improvement District. No protests to the establishment of the Business Improvement District or levy of assessments were made orally or in writing by any interested person. Section 4: The Business Improvement District referenced in Resolution of Intention No. 8958 is hereby established and its boundaries shall be as set forth in the attached 'Exhibit "A" which is incorporated herein by reference. Section 5: The name of the Business Improvement District shall be the "West Covina Auto Plaza Business Improvement District" (the "District"). The businesses within the District shall be subject to any amendments to this ordinance or the Law. Section 6: Assessments as described herein shall be levied within the District to fund the construction, operation and maintenance of an electronic readerboard to be located adjacent to the I-10 Freeway and will benefit the Auto Plaza dealerships to be assessed. The assessment revenues will not be used for any other purpose. Section 7: Except where funds otherwise are available, an assessment will be levied annually on each auto dealership or auto dealership site within the District (identified in Exhibit "A") as set out in the Law, the proceeds of which will be used exclusively to fund the improvements and activities set out in Section 6. Section 8: The assessment shall be levied on the basis of benefit to each dealership and property, as follows: The method of assessment will consist of dividing equally among the number of auto dealers (presently six) in the District, the cost of constructing, operating and maintaining the electronic readerboard. The cost of the electronic readerboard will be based on a 15-year repayment projection at zero interest. The other factors to be included in the assessment formula include maintenance, electricity, programming and insurance costs. The annual assessment for each auto dealer for the first year is calculated to be $14,025. The annual assessment formula is described in further detail in Exhibit "B" which is hereby incorporated by reference. 2 Section 9: The assessment shall be collected annually by the City. In the event an auto dealer fails to pay the assessment when due, the City may add the amount to the auto dealer's annual business license until the assessment is paid in full. In the event the auto dealer also owns the underlying property, the City may collect the assessment through the property tax roll. • Section 10: Any new auto dealership will be subject to the assessment from the date it commences operation within the District. Section 11: The City Council finds that the auto dealerships assessed will benefit by the installation and operation of an electronic readerboard, as readerboard signs have been associated with improved auto sales. Section 12: The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published as required by law. PASSED AND ADOPTED this 15th day of June , 1993. ATTEST: City Clerk al STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF WEST COVINA ) I, Janet Berry , City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. 1923 was introduced and placed upon it first reading at regular meeting of the City Council of the City of West Covina on the 1st , day of June , 1993. That, thereafter said Ordinance was duly adopted at a regular meeting of the City Council on the 15th day of June , 1993, by the following vote: AYES: Jennings, Wong, Herfert, Manners, McFadden NOES: None ABSENT: None ABSTAIN: None City Clerk APPROVED AS TO FORM: City Attorn AP159JM.ORD EXHIBIT "A" WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT BOUNDARIES TOI�o Tn.. i � SNeu Gem 5 S�YF of fFzoFos eo i M P�Z6 v C m cr-TS r415s�N L� oa E S�Yu a lcJ.[. �1is�n.J Yo-c�ar+7 C Fa KHer— O f"1 iTc u8i5Hi� O n;711jrl1-- - I --.� —.j r'1o7cf5 Notre o SITE LAND USE TAX ASSESSOR ID LOT SIZE 1 WEST COVINA TOYOTA 8478-007-25,31 3.06+ AC 2 WEST COVINA NISSAN 8478-007-28,30,34,35,38 3.60± AC 3 SATURN 8478-007-36,37 2.23± AC 4 VACANT DEALERSHIP 8478-004-39 3.73+ AC 5 SOUTHLAND MOTORS 8478-004-40 4.16+ AC 6 JOHNSON MOTORS VACANT LOT 8478-004-26 3.72+ AC A 8478-008-02,11,12,14 .82± AC B LA RONDE APTS (35 UNITS) 8478-004-027 .94+ AC TOTAL ACREAGE OF BUSINESS IMPROVEMENT DISTRICT = 24 9+ AC EXI-ID31T "B" ELECTRONIC READERBOARD CONSTRUCTION, MAINTENANCE AND OPERATION COSTS FIRST ANNUAL ASSESSMENT SIGN PAY3v= (Total sign cost: $315,000 - Annual payment based on 15 years, 0% interest) INSURANCE PREMIUM (Based on 1% of cost) MAINTENANCE ELECTRICITY PRO GRA CYRNG TOTAL ANNUAL COST FIRST ANNUAL ASSESSMENT PER DEALER AP 150JM.DOC $ 21,000 $ 3,150 $ 20, 400 $ 36,000 $ 3,600 $ 84,150 0 $ 14,025 CERTIFICATION I, JANET BERRY, Deputy City Clerk of the City of West Covina, State • of California, do hereby certify that a true and accurate copy of Ordinance No. / �913 was published, pursuant to law, in the San Gabriel Valley Tribune, a newspaper of general circulation published and circulated in the City of West Covina. J DATED: r j7 net Berry, City Clerk City of West Covina, California r� t°xJ,. dA,4: ry///93