Loading...
O 037 C.S. . ORDINANCE NO. 37 c. S. .."'\. r- ,~~ . ,> - , - AN ORD1~ANCE AMENDING THE ARROYO GRANDE MUNICIPAL . CODE BY ADDING CHAPTER V TO TITLE 3 THERETO ESTABLISHING A BUSINESS IMPROVEMENT AREA, BUSINESS LICENSE FEES. '. The City Council of the City of Arroyo Grande does ordain as follows: SECTION 1, AUTHORlTL The proceedings herein taken are taken pursuant to the authority of the Parking and Business Improvement Area Law of 1965 being Sections 36,000 et seq of the Streets and Highways Code of the State of California. SECTION 2. RESOLUTION OF INTENTION. This ordinance is adopted pursuant to that certain Resolution of Intention adopted by this City Council being Resolution No. 887 adopted on the 11th day of August, 1970 and entitled "A Resolution of the City Council of the City of Arroy', Grande Declaring its Intention to Establish a Parking and Improvement Area to Provide for the Levy of An Additional Business License Tax and fixing the Time and Place of Hearing To Consider the Establish- ment of Such Area", which resolution of intention was adopted by the City Council and proceedings thereon taken pursuant to the authority of said Parking and Business Improvement Area Law of 1965. SECTION 3. NOTICE AND HEARING. Said Resolution No. 887 was published and mailed as provided by law and a hearing thereon was held by the City Council On September 8, 1970 at the hour of 8:00 o'clock p.m. in the City Council Chambers of the City Council of said City of Arroyo Grande. SECTION 4. CHAPTER V OF TITLE 3 OF THE ARROYO GRANDE MUNICIPAL CODE ESTABLISHING A BUSINESS IMPROVEMENT AREA, BUSINESS LICENSE FEES IS HEREBY ADDED TO THE ARROYO GRANDE MUNICIPAL CODE TO READ AS FOLLOWS: SEC. 3-5.01 DESIGNATION. There is hereby created and established a Parking and Business Improvement Area to be known and designated as the Arroyo Grande City Parking and Business Improvement Area, hereinafter for brevity and convenience sometimes referred to as IIArea"" SEC. 3-5.02 AUTHORITY. This Chapter is adopted pursuant to the authority of the "Parking and Business Improvement Area Law of 1965", being Sections 36,000 et seq of the Streets and Highways Code of the State of California. For purposes of graphic illustration, the boundaries of said "Areas" are shown on that certain map entitled "Arroyo Grande Downtown Parking and Business Improve- ment Area" on file in the office of the City Clerk of the City of Arroyo Grande. SEC. 3-5.03 DESCRIPTION OF AREA. A description of the Arroyo Grande City Parking and Business Improvement Area is as follows: In the City of Arroyo Grande, County of San Luis Obispo, State of California, beginning at a point on the northerly line of Branch Street, said point being 250 feet west of the northwest corner of Branch and Nevada Streets; thence northerly 209 feet, more or less; thence easterly 250 feet, more Or less, to the west line of Nevada Street; thence across Nevada Street and easterly to the west line of Lot 11 of the Buena Vista Tract; thence southerly to the north line of the property known as the Car Corral Parking Lot; thence easterly along the northerly line of the Car Corral Parking Lot and Pedestrian Mall to the east line of the Buena Vista Tract; thence northerly, easterly and northerly along the east line of the Buena Vista Tract to the southerly line of Le Point Street; thence easterly along the southerly line of Le Point Street to the northwest corner of Lot E of Swall's Resubdivision; thence southerly along the west line of Lot E and D of Swall's Resubdivision to the northwest corner of Lot C; thence easterly along the northerly line of Lot C to the west line of Mason Street; thence continuing easterly to the centerline of Mason Street;thence southerly along said centerline of Mason Street to its intersection with the westerly prolongation of the north line of -I- I .'_____n. -.-.---. ---.- .- - , <. < ~ Harden Street; thence in a more or less direct line easterly following property lines to the west line of the Pacific Coast Railroad right- of-way; thence northerly along said west line of the Pacific Coast Railroad right-of-way to the southerly line of Le Point Street; thence easterly along the southerly line of Le Point Street to the west line of Crown Terrace; thence southerly along the west line of Crown Terrace and its southerly prolongation thereof to the centerline of Crown Street; thence westerly along the centerline of Crown Street and Branch Street to its intersection with the northerly prolongation of the centerline of abandoned Whiteley Street; thence southerly 210 feet to a point; thence in a westerly direction following property lines across Block 7 of the Short, Mason and Whiteley Addition, across Mason Street, across Block 6 of the Short, Mason and Whiteley Addition, across Short Street, and along the southerly line of Lot 4 Block 1 of the Short, Mason and Whiteley Addition, thence northerly along the west line of said Lot 4, 60 feet more or less to a point; thence westerly 358 feet more 0" less to the centerline of Bridge Street; thence northerly along said centerline to its intersection with the easterly prolongation of the southerly line of Lot 10 of the Nevada Trac t; thence westerly 212 feet more or less to a point; thence northerly along property lines and across Branch Street to the point of beginning. SEC. 3-5.04 BUSINESSES SUBJECT TO ADDITIONAL TAX. All businesses within the boundaries of said "Area", not exempt by law, shall be subject to the pro- visions of the additional tax imposed by this Chapter. SEC. 3-5.05 ADDITIONAL LEVY OF LICENSE TAX. An additional levy of busi- ness license tax on businesses conducting their activities in the "Area", which is in addition to the regular business license tax imposed upon such busi- nesses within this Title of the Arroyo Grande Municipal Code is hereby imposed as follows: The assessment charges to be applied as follows: Business License Fee of $20.00 or less per year. Assessment Charge $120.00 per year, Minimum Assessment Charge. Business License Fee from $21.00 to $40.00 per year. Assessment Charge $132.00 per year. Business License Fee from $41.00 to $60.00 per year. Assessment Charge $144.00 per year. Business License Fee from $61.00 to $80.00 per year. Assessment Charge $156.00 per year. Business License Fee from $81.00 to $100.00 per year. Assessment Charge $168.00 per year, Maximum Assessment Charge. Any business located within the District which is not licensed under the provisions of Title 3. Chapter 1 of the Municipal Code of the City of Arroyo Grande, shall be assessed and shall pay the minimum assessment charge of $120.00 per year. SEC. 3-5.06 COLLECTION OF ADDITIONAL TAX. The collection of the addit- ional levy to the license tax imposed by this Chapter shall be made at the same time and in the same manner as the regular business license tax of the City under the provisions of Title 3 of the City of Arroyo Grande Municipal Code and such\ tax shall be due and payable and subject to the penalties provided in this Title. SEC. 3-5.07 EXEMPTION, VOLUNTARY CONTRIBUTION. Any business, person, or institution which is exempt from the payment of the regular business license tax of the City by reason of the provisions of the Arroyo Grande Municipal Code, United States or the State Constitutions, Or does not have a fixed place of business within the "Area" is not to be taxed under this Chapter but may make a voluntary contribution to the City, such contribution shall be used for the purposes provided in Section 3-5.08. SEC. 3-5.08 PROPOSED USES. The uses to which the proceeds from the addit- ional tax revenue realized from the additional levy of license tax imposed by this Chapter shall be put are: -2- ~ ." ,- 0\.... \ ~. (a) The acquisition, construction and maintenance of parking facilities for the benefit of the "Area". . (b) Decoration of any public place in the "Area". (c) Development of property for off-street parking within the area in- cluding landscaping, roadways, and signs incidental to said parking area. SEC. 3-5.09 ADVISORY BOARD. For the purpose of advising the Council and making recommendation as to how the revenue derived from the additional levy of license tax imposed by this Chapter shall be used within the scope of the pur- poses set forth in Section 3-5.08 of the Chapter, and to have and perform such other powers and duties as the Council may determine there shall be created an Advisory Board consisting of five members to be appointed by the City Council and to serve at its pleasure, said members to be persons who have businesses within the "Area" and pay an additional levy of license tax as provided for by this Chapter. The Council may annually approve a budget to include an estimate of the expenditures to be made to carry out the purposes of the Business Im- provement Area. SEC. 3-5.10 NEWLY ESTABLISHED BUSINESSES. Any business shall be exempt from the provisions of this Chapter for the first six (6) months of operation within the City of Arroyo Grande. SECTION 5. VALIDITY, If any section, sub-section, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The Council hereby declares that it would have passed this ordinance and each section, sub-section, sentence, clause and phrase hereof, irrespective of the fact that anyone or more of the sections, sub-sections, sentences, clauses or phrases hereof be declared invalid or unconstitutional. SECTION 6. This Ordinance shall be in full force and effect thirty (30) days after its passage, and within fifteen (15) days after its passage it shall be pub- lished once, together with the names of the Council Members voting thereon, in the Five Cities Times-Press-Recorder. On motion of Councilman Schlegel, seconded by Councilman Talley, and on the following roll call vote, to wit: AYES: Council Members Schlegel, Thompson, Wood, Talley and Mayor Levine. NOES: None ABSENT: None the foregoing Ordinance was passed and adopted this 24th day of November, 1970. :?-~:dL_L pv~ ~ ~'" ATTES . .A' /..Lv1- TY CLE I, POLLY S. MILLER, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify that the foregoing Ordinance No. 37 C.S. is a true, full and correct copy of said Ordinance passed and adopted by the City Council of the City of Arroyo Grande at a regular meeting of said Council held on the 24th day of November, 1970. WITNESS my hand and the seal of the City of Arroyo Grande affixed this 25th day of November, 1970. (SEAL) City Cl Grande -3- -.~.._.---_._---- ---.---