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Home My WebLink AboutResolutions - No. 2005-37'RESOLUTION NO. 2005-37 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTION TO AMEND ORDINANCE 1753, WHICH ESTABLISHES THE LODI TOURISM BUSINESS IMPROVEMENT DISTRICT (LTBID) AND METHOD OF LEVYING AND COLLECTING ASSESSMENTS WITHIN THE LTBID BOUNDARIES WHEREAS, the Lodi City Council adopted a Resolution of Intention No. 2004-191 on September 15, 2004, declaring its intention to establish the Lodi Tourism Business Improvement District (LTBID) and to levy and collect assessments within the LTBID boundaries; and WHEREAS, the Lodi City Council held a public hearing and introduced Ordinance 1753 to establish the LTBID and the levy of the assessments on October 6, 2004, at 7:00 p.m, at the Carnegie Forum, 305 West Pine Street, Lodi, California; and WHEREAS, the Lodi City Council adopted Ordinance 1753 on October 20, 2004, which took effect on January 1, 2005; and WHEREAS, Ordinance 1753 establishes that LTBID assessments are delinquent if not paid within twenty days after they are due; and WHEREAS, Lodi Municipal Code Chapter 3.12, "Transient Occupancy Tax,1' establishes that Transient Occupancy Taxes are delinquent if not paid within one month after they are due; and WHEREAS, it would be convenient for the assessment of both fees to be due at the same time; and WHEREAS, the Lodi City Council now desires to amend Ordinance 1753, Section 12.07.130 as follows: Section 12.07130: Levy of Assessment -Collection, Delinquency, and Penalty. The collection of the assessment imposed by this chapter shall be made on a quarterly basis from hotels within the City of Lodi. The City of Lodi will collect the assessment on the same form as that used for the collection of Transient Occupancy Tax receipts. Each operator shall, on or before the last day of each quarter, make a report to the Finance Director on forms provided by city of the amount of assessment due for that quarter. The report and amount become delinquent twenty on the last day of the month follawinq.the close of each calendar quarter. The full amount of the assessment calculated shall be remitted to the Finance Director at the time the return is filed. The Finance Director may establish shorter reporting or remitting periods for any operator and may require additional information in any return. Returns and payments are due immediately upon cessation of business for any reason. Each return shall contain a declaration under penalty of perjury, executed by the operator or its authorized agent, that, to the best of the declarant's knowledge, the statements in the return are true, correct, and complete. Any operator who fails to remit any assessment imposed by this chapter within the time required shall pay a penalty of ten percent of the amount of the assessment in addition to the amount of the assessment. Any operator who fails to remit any delinquent remittance on or before the 15th day of the month following date of the first penalty shall pay a second delinquency penalty of ten percent of the amount of the assessment in addition to the amount of assessment and ten percent penalty first imposed. If the Finance Director determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of twenty-five percent of the amount of the assessment shall be added thereto in addition to the penalties stated above, In addition to the penalties imposed, any operator who fails to remit any assessment imposed by this chapter shall pay interest at the rate of one percent per month or fraction thereof on the amount of tax, exclusive of penaities, from the date on which the remittance first became delinquent until paid. Every penalty imposed and such interest as accrued under the provisions of this section shall become a part of the assessment required to be paid by this chapter. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lodi does hereby resolve, determine, and find as follows: Section 1. The recitals set forth herein are true and correct. Section 2. The City Council declares its intention to amend Ordinance 1753, Section 12,07.130, relating to the Levy of Assessment—Collection, Delinquency, and Penalty, changing the delinquent time for the report and amount due from twenty days to the last day of the month following the close of each calendar quarter. Section 3. The time and place for the public hearing to amend Ordinance No. 1753, Section 12.07.130, relating to the Levy of Assessment—Collection, Delinquency, and Penalty, is hereby set for March 16, 2005, at 7:00 p.m., at the Carnegie Forum, 305 West Pine Street, Lodi, California. Section 4, At the public hearing the testimony of all interested persons for or against the amendment will be heard. Section 5. A protest against the LTBID Ordinance amendment may be made in writing. To count in the majority protest against the LTB1D, a protest must be in writing. A written protest may be withdrawn from writing at any time before the conclusion of the public hearing. Each written protest shall contain a written description of the business in which the person signing the protest is interested, sufficient to identify the business and its address. If the person signing the protest is not shown on the official records of the City of Lodi as the owner of the business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the business. Any written protest as to the regularity or evidence of the proceedings shall be in writing and clearly state the irregularity or defect to which objection is made, Written protests must be received by the City Clerk of the City of Lodi before the close of the hearing scheduled herein and may be delivered to the City Clerk at City Hall, 221 W. Pine Street, Lodi, California, 95240 or mailed to the City Clerk at P.O. Box 3006, Lodi, CA 95241. All proceedings before the City Council are conducted in English. The City of Lodi does not furnish interpreters, and, if one is needed, it shall be the responsibility of the person needing one. if you challenge the proposed action in court, you may be limited to raising only those issues you or someone &se raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk/City Council at, or prior to, the public hearing. Section 6. if, at the conclusion of the public hearing, there are of record, written protests by the owners of the businesses within the LTBID that will pay fifty percent (50%) or more of the total assessments of the entire LTBID (Exhibit A), no further proceedings to amend Ordinance -1753 as set forth herein shall occur. New proceedings to amend the LTBID shall not be undertaken again for a period of at least one (1) year from the date of the finding of the majority written protest by the City Council. Section 7. Further information regarding the proposed amendment to LTBID Ordinance 1753 may be obtained from the City Clerk, City of Lodi, 221 West Pine Street, Lodi, California 95240. Section 8. follows: The City Clerk is instructed to provide notice of the public hearing as a. Publish this Resolution of intention in a newspaper of general circulation in the City of Lodi once, at least seven (7) days before the hearing. b. Mail complete copy of this Resolution of Intention to each and every business owner assessed in the LTBID within seven (7) days of the adoption of this Resolution by the City Council. Section 9. This Resolution is effective on its adoption. Dated: February 16, 2005 I hereby certify that Resolution No. 2005-37 was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 16, 2005, by the following vote: AYES: COUNCIL MEMBERS - Hansen, Hitchcock, Johnson, Mounce, and Mayor Beckman NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - None SUSAN J. BLACK TON City Clerk 2005-37 Wine and Roses County inn Wine a Rose $ Couqtry Thn, LLC Agerrtlar Service of Process Russel G Munson 2605 W Turner Rd LI,CA 9$242 'Phone: 209-334-6960 Etis Tax : 2121 Del Renal() Motel Ashvin IR Patel 801 N Cherokee Ln L0dii CA 96240 Phone: 209-868-5348 BUS Tax ; 10936 Hoiiday inn Express Deryewake PO Box 1210 (1140 5 Cherokee Ln) Lod, CA 9524.1 Phone: 209-834-6422 $t)s Tex # : 588 Star Hotel Jay K/Senorita J Patel 22 $ Main $t Lech, CA 95240 Phone: 209-358-3261,209-388-4122 Bus Tax # : 3467 00304 inn or Lodi Suresh Petal 91? S Cherokee Ln L,01:11; CA 05240 Phone: 200-360-1091 titus Tax : 495 Comfort Inn - Lodi KFP.Management, Inc Agent fpr Service of Process : Kyu S Km 118 N Cherokee Ln Lodi, CA 95240 Phone: 209-387-4548 Bus Tax : 12861 Lodi El Rancho Motel R & P Properties, Inc: Agent for Service of Recess : Ramesh Pftamber 220 Harding By (eoz -N Cherokee Ln) EXHIEKTA A Wilber of Vote 2472 178 3237 4 165 1783 510 Roseville, GA 95678 Phone: 916-783-0961 Bus Tax # 12126 Yadav & Assoc/Modem Motor Lodge SunnhobhanaiSushiliSonal Yadav 1050 S Cherokee Ln Loth, CA 95240 Phone: 209-333-8844, 209-333-9812 Bus Tax : 621 Wine Country Inn Shobhana/Surendra F Patel 607 3 Cherokee Ln Lodi, CA 95240 Phone: 209-368-1152 Bus Tax : 748 Rancho Grande Motet HasmukhiVI/Rita Bhaktre 807 $ Cherokee Ln Lodi, CA 95240 Phone: 209-334-3303 Bus Tax It 8627 TrayWer's Hotel Ghenshyarn A/Mita Patel 112 N Schooi St Lodi, CA 95240 Phone: 209-368-1518 Bus Tax # : 444 Viking Motel Rakesii GiSmita Patel 615 Cherokee Ln Loth, CA 95240 Phone: 209-369-6229 Bus Tax # : 6900 Royal Host inn Chetan vi/Prakash J/PredepkurriartParesh J Patel 710 S Cherokee Ln Lodi, CA 95240 Phone: 209-369-8464 Bus Tax tt 760 Imperial Hotel Mumraiez Ahmed 9 VI/ Oak St Lodi, CA 95240 Phone: 209-366-0964, 209-369-5744 EXHIBIN 114 4 18 183 55 23 69 1169 8 bus Tax # : 391 E;ctinomy Inn 1-10.0nukhiRitaiJayantiiKalavati Etiakta 1190 SCherokee Ln 1411.pA 95240 209!3 3778 Bus Tax #: 826 Hotel GOrrvoilt BhatRa .5N1019 St CA 95240 Phone:. 209-334-6069 9usTax # : 1166 124 2 10000 EXHIBIT A