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Resolution No, 15-166
A RESOLUTION OF THE 1:OARD OF SUPERVISORS OF THE COUNTY OF tUTT n
DECLARING RESULTS OF MAJORITY PROTEST PROCEEDINGS AND ESTA*LISHING
THE UTTE COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT
WHEREAS, the Property and Business Improvement District Law of 1994 (Streets and Highways
Code §36600 et, seq.) authorizes the County to establish business improvement districts upon petition by a
weighted majority of the lodging business owners located within the boundaries of the district; and
WHEREAS, lodging business owners who will pay more than fifty percent (50%) of the proposed
assessment, as weighted according to the amount of the assessment to be paid by the petitioner, within the
boundaries of the Butte County Tourism 1 usiness Improvement District ("BCTBID") have petitioned the
toard of Supervisors to establish the BCTBID; and
WHEREAS, the proposed district includes lodging businesses within the boundaries of Butte County
including the cities of Chico, Oroville, Biggs, the Town of Paradise, and all unincorporated communities and
areas; and
WHEREAS, consent to include lodging businesses in their respective jurisdictions has been
received from the cities Chico, Oroville, Biggs, and the Town of Paradise; and
WHEREAS, included with the petitions was a Management District Plan (Plan) summary that
describes the proposed assessment to be levied on lodging businesses within the BCTBID to pay for sales
promotion and marketing activities, and other improvements and activities set forth in the Plan; and
WHEREAS, the assessed lodging businesses within the BCTBID will receive a specific benefit from
the activities and improvements set forth in the Plan; and
WHEREAS, on August 11, 2015 at 9:30 AM at 25 County Center Drive, Suite 205, Oroville, CA
95965, the Board of Supervisors adopted a Resolution of Intention, Resolution No, 15-107; and
WHEREAS, the public meeting and public hearing to consider the establishment of the BCTBID
have been properly noticed in accordance with Streets and Highways Code §36623; and
WHEREAS, on August 25, 2015 at 9:30 AM at 25 County Center Drive, Suite 205, Oroville, CA
95965, the Board of Supervisors held a public meeting regarding the establishment of the BCTBID, and the
Board of Supervisors heard and received objections and protests, if any, to the establishment of the
BCTBID and the levy of the proposed assessment; and
WHEREAS, on November 10, 2015 at 10:15 AM at 25 County Center Drive, Suite 205, Oroville, CA
95965, the liii.oard of Supervisors held a public hearing regarding the establishment of the BCTI*ID, and the
Board of Supervisors heard and received all objections and protests, if any, to the establishment of the
ItiCTBID and the levy of the proposed assessment; and
WHEREAS, the Clerk of the Board has determined that there was no majority protest. A majority
protest is defined as written protests received from owners of businesses in the proposed district which
would pay fifty percent (50%) or more of the assessments proposed to be levied. Protests are weighted
based on the assessment proposed to be levied on each lodging business.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS THAT:
1. The recitals set forth herein are adopted by the Board of Supervisors as findings and they are true
and correct.
2. The Butte County Tourism Business Improvement District is hereby established for a five (5) year
term, beginning December 1, 2015 through November 30, 2020.
3. The Plan dated October 21, 2015 is hereby adopted and approved.
4. The activities to be provided to benefit businesses in the district will be funded by the levy of the
assessment. The revenue from the assessment levy shall not be used: to provide activities that
directly benefit businesses outside the district; to provide activities or improvements outside the
BCTBID; or for any purpose other than the purposes specified in this Resolution, the Resolution of
Intention, and the Plan.
5. The Board of Supervisors find as follows:
a. The activities funded by the assessment will provide a specific benefit to assessed
businesses within the BCTBID that is not provided to those not paying the assessment.
b. The assessment is a charge imposed for a specific benefit conferred or privilege granted
directly to the payor that is not provided to those not charged, and which does not exceed the
reasonable costs to the local government of conferring the benefit or granting the privilege.
c. The assessment is a charge imposed for a specific government service or product provided
directly to the payor that is not provided to those not charged, and which does not exceed the
reasonable costs to the local government of providing the service or product.
d. Assessments imposed pursuant to the BCTBID are levied solely upon the assessed
business, and the business owner is solely responsible for payment of the assessment when
due. If the owner chooses to collect any portion of the assessment from a transient, that
portion shall be specifically called out and identified for the transient in any and all
communications from the business owner as the "BCTBID Assessment."
6. The assessments levied for the BCTBID shall be applied towards sales, promotions and marketing
programs to market Butte County lodging businesses as tourist, meeting and event destinations, and
other improvements and activities as set forth in the Plan.
7. Assessments levied on lodging businesses pursuant to this resolution shall be levied on the basis of
benefit. Because the services provided are intended to increase room rentals, an assessment
based on room rentals is the best measure of benefit.
8. The assessments for the entire District will total approximately $554,000 in year one.
9. Bonds shall not be issued to fund the BCTBID.
10. The BCTBID shall include all lodging business located within the boundaries of Butte County
including the cities of Chico, Oroville, Biggs, the Town of Paradise, and all unincorporated
communities and areas. A boundary map is attached hereto and incorporated herein by reference.
11. The assessments shall be used for the purposes set forth above and any funds remaining at the end
of any year may be used in subsequent years in which the BCTBID assessment is levied as long as
they are used consistent with the requirements set forth herein.
12. The assessments to fund the activities and improvements for the BCTBID will be collected by the
County, cities and Town on a monthly or quarterly basis, and in accordance with Streets and
Highways Code §36631.
13. The Board of Supervisors, through adoption of this Resolution and the Plan, has the right pursuant
to Streets and Highways Code §36651, to identify the body that shall implement the proposed
program, which shall be the Owners' Association of the BCTBID as defined in Streets and Highways
Code §36614.5. The Board of Supervisors has determined that Explore Butte shall be the Owners'
Association.
14. Explore Butte, pursuant to Streets and Highways Code §36650, shall cause to be prepared a report
for each fiscal year, except the first year, for which assessments are to be levied and collected to
pay the costs of the improvement and activities described in the report. The first report shall be due
after the first year of operation of the district.
15. The BCTBID established pursuant to this resolution will be subject to any amendments to the
Property and Business improvement District Law of 1994 (California Streets and Highways Code
§36600 et. seq.).
16. The Clerk of the Board, or his or her designee, is directed to take all necessary actions to complete
the establishment of the BCT•ID and to levy the assessments.
17, This Resolution shall take effect immediately upon its adoption by the Board of Supervisors.
PASSED AND ADOPTEP by the Board of Supervisors of the County of Butte on this 10tb day of
November 2015 by the following vote:
AYES: Supervisors Connelly, VVahl, Kirk, Lambert, and Chair Teeter
NOES: None
ABSENT: None
NOTVOTING: None
DOUG TEETER, Chair
ATTEST: Board of Supervisors
Paul Hahn, Chief Adrrenistrative Officer
And Clerk of e BOd:c1c4 Supe • _
/
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11.,r,yuty
EXHIBIT A
District Boundaries
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City of ") 1
Biggs
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Chico Paradise . TO.
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Cities in the TIC
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