[HISTORY: Adopted by the City Council of the City of Batavia 12-22-1997 by L.L. No. 6-1997. Amendments noted where applicable.]
A. 
The Downtown Batavia Business Improvement District shall be and is hereby established in the City of Batavia, the City Council having found that the establishment of the district is in the public interest, that all notice, mailing and hearing requirements have been complied with, that all properties within the district will benefit from the establishment and that all property benefited is included in the boundaries of the district. The boundaries of said district are contained in the district plan submitted to this body on October 13, 1997, and as set forth below:
B. 
The Downtown Batavia Business Improvement District is located in the City of Batavia, County of Genesee, State of New York, and is described as follows: Beginning at a point which is the intersection of the northerly right-of-way line of Main Street and the westerly right-of-way line of Summit Street; thence northerly along the easterly property line of a parcel owned by Key Bank a distance of 223.0 feet to the northerly property line; thence westerly along the northerly property line a distance of 66.0 feet to the westerly property line of said property; thence southerly along the westerly property line to the northerly property line of another parcel owned by Key Bank; thence westerly along the northerly property line a distance of 82.5 feet to the westerly property line of a parcel owned by Silver & Resso; thence northerly along the westerly property line a distance of 155.0 feet to the northerly property line of said parcel; thence westerly along the northerly property line a distance of 71.0 feet to the easterly right-of-way line of Wiard Street; thence southerly along the easterly right-of-way line of Wiard Street a distance of 160.0 feet to a point; thence westerly a distance of 16.0 across Wiard Street to the northerly property line of a parcel owned by the Benevolent Protective Order of Elks; thence westerly along the northerly property line a distance of 78.0 feet to the easterly property line of a parcel owned by St. Jerome Hospital; thence northerly along the easterly property line a distance of 115.0 feet to the northerly property line of said parcel; thence westerly along the northerly property line a distance of 106.0 feet to the westerly property line of said parcel; thence southerly along the westerly property line a distance of 45.0 feet of the northerly property line of a parcel owned by the YMCA; thence westerly along the northerly property line a distance of 70.0 feet to the northerly property line of a parcel owned by the City of Batavia; thence northerly along the easterly property line of a parcel owned by the City of Batavia a distance of 43.81 feet; thence westerly along the northerly property line a distance of 142.67 feet to the easterly right-of-way line of Bank Street; thence northerly along the easterly right-of-way line of Bank Street to the northerly right-of-way line of Washington Street; thence westerly along the northerly right-of-way line of Washington Street to the westerly right-of-way line of Jefferson Avenue; thence southerly along the westerly right-of-way line of Jefferson Avenue to the northerly right-of-way line of Main Street; thence westerly along the northerly right-of-way line of Main Street a distance of 80.0 feet to a point; thence southerly across Main & Ellicott Streets a distance of 225.00 feet to the southerly right-of-way line of Ellicott Street; thence easterly along the southerly right-of-way line of Ellicott Street a distance of 1,700 feet to the northerly property line of a parcel owned by Genesee Valley Transportation Corp.; thence easterly across Ellicott Street to a southerly property line of a parcel owned by Access Rentals; thence easterly along a southerly property line a distance of 471.9 feet to an easterly property line of said property; thence northerly along an easterly line a distance of 110.0 feet to a southerly property line of said property; thence easterly along a southerly property line a distance of 130.0 feet to a easterly property line of said property; thence northerly along an easterly property line a distance of 122.77 feet to a northerly property line of said parcel; thence westerly along the northerly property line a distance of 328.11 feet to a easterly property line of said property; thence northerly along an easterly property line a distance of 14.0 feet to a northerly property line of said parcel; thence westerly along a northerly property line a distance of 137.0 feet to the easterly property line of a parcel owned by Marianne Anderson; thence northerly along the easterly property line a distance of 34.0 feet to the southerly property line of a parcel owned by Batavia Metal Products; thence easterly along the southerly property line a distance of 133.0 feet to the easterly property line of said parcel; thence northerly along the easterly property line a distance of 60.0 feet to the northerly property line of said parcel; thence westerly along the northerly property line a distance of 208.64 feet to the easterly property line of a parcel owned by Peter Garlock; thence northerly along an easterly property line a distance of 44.0 feet to a northerly property line of said parcel; thence easterly along a southerly property line a distance of 4.32 feet to a easterly property line of said parcel; thence northerly along easterly property lines of parcels owned by Peter Garlock, Jeff Humel and William Camp a distance of 94.0 feet to the southerly right-of-way line of School Street; thence northerly across School Street a distance of 33.0 feet to the northerly right-of-way line of School Street; thence easterly along the northerly right-of-way line of School Street a distance of 165.0 feet to the easterly property line of a parcel owned by Chas. Mancuso & Sons; thence northerly along the easterly property line a distance of 104.28 feet to a southerly property line of said parcel; thence easterly along a southerly property line a distance of 99.73 feet to a westerly property line of said parcel; thence southerly along a westerly property line a distance of 26.02 feet to a southerly property line of said parcel; thence easterly along the southerly property line a distance of 45.03 feet to an easterly property line of said parcel; thence northerly along an easterly property line a distance of 19.96 feet to a southerly property line; thence easterly along a southerly property line a distance of 40.0 feet to a westerly property line of said parcel; thence southerly along a westerly property line a distance of 100.98 feet to the northerly right-of-way line of School Street; thence easterly along the northerly right-of-way line of School Street to the westerly right-of-way line of Liberty Street; thence northerly along the westerly right-of-way line of Liberty Street to the northerly right-of-way line of Main Street, which is the point of the beginning.
ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Batavia, County of Genesee and State of New York.
Beginning at a point on the northerly street line of Ellicott Street at its intersection with the extension thereof the east street line of Evans Street.
Thence southeasterly along the northerly street line of Ellicott Street to a point on a corner of tax map number 84.15-1-38.
Thence east along the north line of said tax map number 84.15-1-38 to a point on the southwest corner of tax map number 84.15-1-28.2.
Thence north to a point on the northwest corner of said tax map number 84.15-1-28.2.
Thence east to a point on the northeast corner of said tax map number 84.15-1-28.2 and the west street line of Liberty Street.
Thence south, along the east line of tax map number 84.15-1-28.2 and the east line of tax map number 84.15-1-29 and the west street line of Liberty Street to a point.
Thence east crossing Liberty Street to a point on the east street line of Liberty Street and the northwest corner of tax map number 84.15-1-25.1.
Thence continuing east along the north line of tax map number 84.15-1-25.1 and the north line of tax map number 84.15-1-25.2 and 84.15-1-23.1 to a point on the northeast corner of tax map number 84.15-1-23.1.
Thence south to a point on the southeast corner of tax map number 84.15-1-23.1 and the north line of tax map number 84.15-1-19.
Thence east along the north lines of tax map number 84.15-1-19 and tax map number 84.15-1-18 to a point on the northeast corner of tax map number 84.15-1-18 and the west street line of Swan Street.
Thence south along the west street line of Swan Street and the east lines of tax map numbers, 84.15-1-18, 84.15-1-19, 84.15-1-20.1, 84.66-2-18, 84.66-2-17, 84.66-2-15 to a point on the northerly street line of Ellicott Street.
Thence continuing south crossing Ellicott Street to a point on the southerly street line of Ellicott Street and the west street line of Swan Street and the northeasterly corner of tax map number 84.66-2-32.
Thence southeasterly crossing Swan Street to a point on the northwesterly corner of tax map number 84.66-2-1.
Thence continuing southeasterly along the southerly street line of Ellicott Street to a point on the northeast corner of tax map number 84.66-2-1.
Thence south to a point on the southeast corner of tax map number 84.66-2-1.
Thence west to a point on the southwest corner of tax map number 84.66-2-1 and the east street line of Swan Street.
Thence north along the east street line of Swan Street and the west line of tax map number 84.66-2-1 to a point.
Thence west crossing Swan Street to a point on the southeast corner of tax map number 84.66-2-32.
Thence continuing west along the south lines of tax map numbers 84.66-2-32 and 84.66-2-33 to a point on the southwest corner of tax map number 84.66-2-33.
Thence north along the west line of tax map number 84.66-2-33 to a point on the southeast corner of tax map number 84.66-2-45.
Thence west to a point on the southwest corner of tax map number 84.66-2-45.
Thence north along the west line of tax map number 84.66-2-45 to a point on the southeast corner of tax map number 84.66-2-46/1.
Thence west to a point on the southwest corner of tax map number 84.66-2.46/1 and the east street line Hutchins Street.
Thence north along the east street line of Hutchins Street to a point.
Thence west crossing Hutchins Street to a point on the southeast corner of tax map number 84.66-2-47 and the west street line of Hutchins Street.
Thence continuing west to a point on a corner of tax map number 84.66-2-47.
Thence south to a point on a corner of tax map number 84.66-2-47.
Thence west to a point on a corner of tax map number 84.66-2-47.
Thence north to a point on a corner of tax map number 84.66-2-47.
Thence west to a point on a corner of tax map number 84.66-2-47 and the east street line of Goade Park.
Thence north along the east street line or Goade Park to a point.
Thence west crossing Goade Park to a point on the southeast corner of tax map number 84.66-2-66 and the west street line of Goade Park.
Thence continuing west to a point on the southwest corner of tax map number 84.66-2-66.
Thence north to a point on the southeast corner of tax map number 84.66-2-83 and the west line of tax map number 84.66-2-84.
Thence west along the south lines of tax map numbers 84.66-2-83, 84.66-2-82.1, 84.66-2-80 to a point on the southwest corner of tax map number 84.66-2-80 and the east street line of Liberty Street.
Thence north along the east street line of Liberty Street to a point
Thence went crossing Liberty Street to a point on the southeast corner of tax map number 84.66-2-10, and the intersection of the west street line of Liberty Street with the north street line of Central Avenue.
Thence west along the north street line of Central Avenue to a point on the southwest corner of tax map number 84.66-2-10.
Thence north to a point on the northwest corner of tax map number 84.66-2-10 and the most southerly corner of tax map number 84.66-2-8.
Thence northwest to a point on the southwest corner of tax map number 84.66-2-8.
Thence northeast along the westerly line of tax map number 84.66-2-8 to a point on a corner of tax map number 84.66-2-8.
Thence westerly to a point on a corner of tax map number 84.66-2-8.
Thence northerly to a point on the northwesterly corner of tax map number 84.66-2-8 and the southerly street line of Ellicott Street.
Thence northwesterly along the southerly street line of Ellicott Street to a point on the northeasterly corner of tax map number 84.66-2-6.
Thence southwesterly to a point on the southeasterly corner of tax map number 84.66-2-6.
Thence northwesterly to a point on the southwesterly corner of tax map number 84.66-2-6 and the easterly line of tax map number 84.66-2-5.
Thence southwesterly to a point on the southeasterly corner of tax map number 84.66-2-5.
Thence northwesterly to a point on the southwesterly corner of tax map number 84.66-2-5 and the easterly line of tax map number 84.66-2-4.
Thence southwesterly to a point on the southeasterly corner of tax map number 84.66-2-4.
Thence northwesterly to a point on a corner of tax map number 84.66-2-4.
Thence northeasterly to a point on a corner of tax map number 84.66-2-4.
Thence northwesterly to a point on the southwesterly corner of tax map number 84.66-2-4 and the easterly line of tax map number 84.66-2-3.
Thence southwesterly to a point on the southeasterly corner of tax map number 84.66-2-3.
Thence northwesterly along the southerly line of tax map number 84.66-2-3 and the tax map number 84.66-2-2 to a point on the southwesterly corner of tax map number 84.66-2-2.
Thence northeasterly along the westerly line of tax map number 84.66-2-2 to a point on the southeasterly corner of tax map number 84.66-2-1.
Thence northwesterly to a point on the southwesterly corner of tax map number 84.66-2-1.
Thence northeasterly along the westerly line of tax map number 84.66-2-1 to a point on the southeasterly corner of tax map number 84.57-1-20.
Thence northwesterly along the southerly line of tax map numbers 84.57-1-20 and 84.57-1-19 to a point at the southwesterly corner of tax map number 84.57-1-19 and the easterly line of tax map number 84.57-1-18.
Thence southwesterly to a point on the southeasterly corner of tax map number 84.57-1-18.
Thence northwesterly along the southerly line of tax map numbers 84.57-1-18 and 84.57-1-17 to a point on the southwesterly corner of tax map number 84.57-1-17 and the easterly line of tax map number 84.57-1-16.
Thence southwesterly to a point on the southeasterly corner of tax map number 84.57-1-16.
Thence northwesterly along the southerly line of tax map number 84.57-16 and 84.57-1-15 to a point on the southwesterly corner of tax map number 84.57-1-15 and a southeasterly corner of tax nap number 84.57-1-14.
Thence westerly to a point on a corner of tax map number 84.57-1-14.
Thence southwesterly to a point on the southeasterly corner of tax map number 84.57-1-14 and the northerly street line of Central Avenue.
Thence northwesterly along the southerly line of tax map number 84.57-1-14 and the northerly street line of Central Avenue to a point.
Thence southwesterly along the southerly line of tax map number 84.57-1-14 and the northerly street line of Central Avenue to a point on the southwesterly corner of tax map number 84.57-1-14.
Thence northerly to a point on the most westerly corner of tax map number 84.57-1-14 and the southerly line of tax map number 84.57-1-13.
Thence westerly to a point on the southwesterly corner of tax map number 84.57-1-13.
Thence northeasterly to a corner of tax map number 84.57-1-13.
Thence westerly to a point on the most southwesterly corner of tax map number 84.56-1-13 and the easterly street line of Jackson Street.
Thence northeasterly along the easterly street line of Jackson Street and the westerly lines of tax map numbers, 84.57-1-13, 84.15-1-38 and 84.15-1-30 to a point.
Thence northwest crossing Jackson Street to a point on the westerly street line of Jackson Street and the southeasterly corner of tax map number 84.15-1-5.
Thence westerly along the southerly line of tax map number 84.15-1-5 to a point on the southwesterly corner of tax map number 84.15-1-5 and the southeasterly corner of tax map number 84.15-1-4.
Thence northwesterly to a point on the southwesterly corner of tax map number 84.15-1-4 and the southeasterly corner of tax map number 84.15-1-2.
Thence southwesterly to a point on the most southwesterly corner of tax map number 84.15-1-2 and the easterly line of tax map number 84.15-1-35.
Thence southerly to a point of the southeasterly corner of tax map number 84.15-1-35.
Thence westerly to a corner of tax map number 84.15-1-35.
Thence southwesterly to a point on a corner of tax map number 84.15-1-35.
Thence northwesterly to a point on the southwesterly corner of tax map number 84.15-1-35 and the easterly street line of Evans Street.
Thence northeasterly along the easterly street line of Evans Street and the extension thereof to the point of beginning.
Excepting tax map numbers 84.66-2-20.1 and 84.66-2-23.1
[Added 6-27-2005 by L.L. No. 3-2005]
The construction of improvements, and provision of services within the district shall be pursuant to such district plan of the Downtown Batavia Business Improvement District. All said services shall be in addition to, and not a substitution for, required municipal services provided by the City of Batavia on a citywide basis.
A. 
To the extent not otherwise explicitly provided herein, the provisions set forth in Article 19-A of the General Municipal Law shall govern the operation of the Business Improvement District (BID) and the District Management Association in the City.
B. 
Insofar as the provisions of this Local Law are inconsistent with the provisions of any other Local Law or act, the provisions of this Local Law shall be controlling.
Any amendments to the BID or to the BID Plan shall be made in accordance with the provisions set forth in § 980-i of Article 19-A of the General Municipal Law.