HomeMy WebLinkAbout2011-06-28; City Council; Resolution 2011-150EXHIBIT 1
1 RESOLUTION NO. 2011-150
2 A RESOLUTION OF THE CITY OF CARLSBAD DELEGATING AND
CONFIRMING THE CARLSBAD TOURISM BUISINESS IMPROVEMENT
3 DISTRICT (CTBID) ADVISORY BOARD'S POWERS AND DUTIES TO
4 CONTRACT ON BEHALF OF CTBID AND TO RETROACTIVELY
APPROVE AND RATIFY CTBID CONTRACTS
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6 WHEREAS, on November 15, 2005 the City Council adopted Ordinance No. NS-
778 forming the Carlsbad Tourism Business Improvement District (CTBID) in
accordance with the California Government Code Parking and Business Improvement
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Area Law of 1989 (Sections 36500, et. Seq. of the Streets and Highways Code), and
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WHEREAS, Ordinance No. NS-778 created Carlsbad Municipal Code Chapter
12 3.37. Section 3.37.100 authorized the creation of an Advisory Board for CTBID.
13 Additionally, section 3.37.100 authorized Council to define the powers and duties of the
14 Advisory Board by resolution, which included, making recommendations to the City
15 Council on expenditures for the programs and activities of CTBID; and
16 WHEREAS, since the inception of the district, the Advisory Board's duty to make
17 recommendations to the City Council on expenditures for the programs and activities of
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CTBID was interpreted to mean that Council had delegated to the Advisory Board the
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power to enter into contracts on behalf of CTBID, and
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WHEREAS, since the inception of the district, the Advisory Board has entered
22 into numerous contracts on behalf of CTBID for goods and services all for the benefit of
23 CTBID and its purpose and mission. To date, no vendor or third party has ever
24 questioned the contracting authority or activity of CTBID or whether Council expressly
25 granted contracting authority to the Advisory Board on behalf of CTBID, and
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1 WHEREAS, if the Advisory Board did not have the authority to enter into
2 contracts on behalf of CTBID, City Council should retroactively approve and ratify all
3 current and past contracts that the Advisory Board entered into on behalf of CTBID; and
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WHEREAS, it is and was the intent of the Carlsbad City Council, from the
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inception of the district, to grant the Advisory Board the power to enter into contracts on
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behalf of CTBID; and
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of8
„ Carlsbad, California, as follows:
10 1. That the above recitations are true and correct.
11 2. That the Advisory Board for the Carlsbad Tourism Business
12 Improvement District has the authority and duty to enter into contracts on behalf of
13 CTBID;
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3. That it was the intend of the Carlsbad City Council to grant the power
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and authority to enter into contracts to the Advisory Board on behalf of CTBID from the
inception date of the district.
18 4. To the extent that any contract is deemed to have been formed or
19 entered into, without the legal authority delegated to the Advisory Board on behalf of
20 CTBID by the City Council, said contract(s) is/are hereby retroactively approved and
21 ratified.
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1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
2 of the City of Carlsbad on the 28th day of June 2011, by the following vote to wit:
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AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard.
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5 NOES: None.
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7 ABSENT: None.
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11 MATTlHALL, Mayor
12 ATTEST:
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LORRAINE M. WOOD, City Clerk
16 (SEAL)