HomeMy WebLinkAboutOrdinance 1705 N.C.S. 11/30/1987ORDINANCE! NO: 17;05 N.C.S.
Introduced .by Councilman Seconded. by Vice Mayor
JOHN BALSHAW
LYNN WOOLSEY
AN ORDINANCE ESTABLISHING A PARKING AN'D BUSINESS
IMPROVEMENT AREA PURSUANT TO ST.REETS..AND HIGHWAY CODE
SECTION 36500, ET SEQ.. AND REPEALING ORDINANCE
NO. 1530 N . C . S . IN ITS ENTIRETY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
WHEREAS, this Council adopted Resolution No. 87-301 on October 19,
1987, entitled Resolution of Intention to Establish a Parking and Business
Improvement Area Under Streets and Highways Code Section 36500, et seq.,
declaring the Council intent to adopt this ordinance., and
WHEREAS, a public hearing was held on November 2, 1987, at 7:00
p.m. at Petaluma City H-all, Petaluma, California, concerning the formation
of the Parking and Business Improvement Area, and
WHEREAS, the businesses lying within the area will be benefitted by
the expenditures of the funds raised by the assessments or charges to be
levied hereunder.
Section 1. Chapter 6.06 of the Petaluma Municipal Code is hereby
amended in its entirety to read as follows
"Chapter .6.06
PARKING AND BUSINESS IMPROVEMENT AREA
Sections
6.06.010 Purpose
6.06.020 Improvement Area. Boundaries
6.06-.030 Levy of Assessments and/or Charges
6.06.040 Administration of Funds
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6.06.010 Purpose.
The purpose of this ordinance is to authorize the imposition of
assessments and/or charges on businesses within the designa ed parking
and business improvement area and to use s"uch proceeds for the benefit of
the businesses within that area by doing .any of the following:
(a) The acquisition, construction. or maintenance of parking facilities
for the benefit of the area .
(b) Decoration of :any public place in the area.
(c) Promotion of public events which. are to take place on or in public
places in the area.
(d) Furnishing of music in any public place in the area.
(e) The general promotion of business activities in. -the area.
The businesses in the area shall be subject to any amendments to
Division 18, Part 6 of the California Streets and Highways Code.
6.06.020 Improvement Area Boundaries.
The parking and business improvement area is hereby established and
the boundaries are as shown on that .map .marked Exhibit A and entitled
Parking anal Business Improvement Area which map is hereby referred to
and by this reference made a part .hereof and which map is on file in the
Office of the City Clerk.
6.06.030 Levy of Assessments and/or Charges.
The assessments and/or charges for businesses within the parking and
business improvement area sliall be levied in the following manner
(a) Retail businesses - $3.00 assessment/charge for each $1.00 of the
business license. Any business defined as used merchandise
stores, beauty shops or barber shops under the Standard
Industrial Classification and which sublets a portion of space at
the business location to other persons engaged in the same type
of business, for the purposes of sharing common facilities and
services, shall be assessed in the following manner. The
sublessee shall be exempt from. ;an assessement/charge if he/she
has a written agreement with the business owner to perform
services or place goods for sale and is part of two or more
independent licensed businesses operating in a common area
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undivided by structure partitions. The business owner shall be
subject to the assessment, as. provided herein, and shall count all
sublessees as employees .for the sole purpose of determining the
assessment amount. Those persons qualifying for exemption are
required to apply for such an exemption. The application must
be signed by that person and by the owner of the business which
would be subject to an increased assessment.
(b) Finance institutions - assessment/charge of $100.00 for the first
employee, $8.00 for each additional employee up to 10 employees,
$4.00 for each additional employee above 10 with a maximum
assessment/charge of $400.00 (this includes full and part time
employees). Financial Institutions are defined as Banks, Savings
and .Loans, Financial Companies, Insurance Companies and
Agencies and Credit Unions.
(c) Professional organizations - $1.00 assessment/charge for each
$1.00 of the business license.
(d) All other business establishments - $2.00 assessment/charge for
each $1.00 of the business license.
6.06.040 Administration of Funds .
The City Council has the full discretion to expend revenues derived
from the assessments or charges levied herein . The City Council may
designate existing advisory boards or commissions to make recommendations
as to the expenditure of such funds., or the City Council may create anew
advisory board or commission for such purpose.
Section 2. The Parking and Business .Improvement Area previously
established by Ordinance No. T503 N.C.S. is hereby disestablished in its
entirety .
Section 3. 'Statutory Severability
If any section,, subsection, sentence, clause. or phrase of this chapter
is, for any reason held to be invalid or..unconstitutional by a decision of
any court of competent jurisdiction,, such decision shall not affect the
validity of the, remaining portions of the chapter.
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~.
Section 4. City Clerk is hereby directed to post this ordinance for
the period and in the manner specified by law.
Introduced and ordered published this 16th day of November, 1987.
ADOPTED the 30th day of November, 1987, by the following vote.
AYES: Sobel, Balshaw, Davis, Tencer,
Vice Mayor Woolsey, Mayor Hilligoss
NOES: Cavanagh
ABSENT: None
ATTEST:
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