[Adopted July 15, 1968 by Ord. No. 506]
[Ord. No. 506 § 1.]
The proceedings herein taken are taken pursuant to the authority
of the "Parking and Business Improvement Area Law of 1965," being
Section 36000 et seq. of the Streets and Highways Code of the State
of California.
[Ord. No. 506 § 2.]
This Ordinance No. 506 is adopted pursuant to that certain Resolution
of Intention, Resolution No. 47, Series of 1968, passed June 17, 1968,
and entitled "A Resolution of the City Council of the City of Oakdale
Declaring Its Intention to Form a Business Improvement Area to be
Known as "Parking and Business Improvement Area of the City of Oakdale,
Fixing the Time and Place of Hearing, and Giving Notice Thereof,"
which Resolution of Intention was adopted by the City Council and
proceedings thereunder taken pursuant to the authority of said "Parking
and Business Improvement Area Law of 1965."
[Ord. No. 506 § 3.]
Said Resolution No. 47 was published and mailed as provided
by law, and a hearing thereon was held by the City Council on July
1, 1968, at the hour of 8:00 o'clock p.m. in the Council Chambers
of the City Council of said City of Oakdale, in the City Hall, 260
North Third Avenue, Oakdale, California.
[Ord. No. 506 § 4.]
There is hereby created and established a parking and business
improvement area designated as "Parking and Business Improvement Area
of the City of Oakdale," hereinafter for brevity and convenience sometimes
referred to as "Area."
A description of the exterior boundaries of said "Parking and
Business Improvement Area A of the City of Oakdale" is as follows:
|
DESCRIPTION
Business Improvement Area
|
All that property within the City of Oakdale, according to the
Official Map thereof, filed in the office of the County Recorder of
Stanislaus County, California, on December 10, 1913 in Volume 7 of
Maps at page 48, described as follows:
Beginning at the intersection of the center lines of G Street
and Church Avenue; thence North Westerly along the center line of
Church Avenue to the intersection with the center line of F Street;
thence North Westerly along the prolongation of the center line of
Church Street to its intersection with the center line of Poplar Street;
thence South Westerly along the center line of Poplar Street to its
intersection with the center line of Pinkston Avenue; thence Northerly
along the center line of Pinkston Avenue a distance of 152.5 feet
to a point; thence North Easterly and parallel with the center line
of Poplar Street a distance of 140.2 feet to a point; thence North
Westerly along a line parallel with the center line of Church Avenue
a distance of 21.0 feet to a point; thence North Easterly along a
line parallel with the center line of Poplar Street a distance of
140.0 feet to a point; thence South-Easterly along a line parallel
with the center line of Church Avenue a distance of 50.0 feet to a
point; thence along a line parallel with the center line of Poplar
Street to its intersection with the center line of First Avenue; thence
North Westerly along the center line of North First Avenue a distance
of 75.0 feet to a point; thence North Easterly along a line parallel
with the center line of Poplar Street to its intersection with the
center line of North Second Avenue; thence North Westerly along the
center line of North Second Avenue to its intersection with the center
line of D Street; thence North Easterly along the center line of D
Street to its intersection with the center line of North Third Avenue;
thence North Westerly along the center line of North Third Avenue
a distance of 130 feet to a point; thence North Easterly along a line
parallel with the center line of D Street to a point halfway between
the center line of Yosemite Avenue and Sierra Avenue; thence Southeasterly
along a line parallel with the center line of Yosemite Avenue to a
point located halfway between the center line of G Street and H Street;
thence South Westerly along a line parallel with the center line of
G Street to its intersection with the center line of South Second
Avenue; thence North Westerly along the center line of South Second
Avenue to its intersection with the center line of G Street; thence
South Westerly along the center line of G Street to the point of beginning.
 |
[Ord. No. 506 § 6.]
All businesses within the boundaries of the "area," not exempt
by law, shall be subject to the provisions of the additional tax imposed
by this Ordinance No. 506, save and except businesses now doing business
within the "area" not listed on the List of businesses and tax levy
in Section 11-72(A) of this Ordinance No. 506, and the City Council
hereby finds and determined that such businesses not included within
said listing do not benefit from the purposes for which said additional
levy is imposed.
[Ord. No. 506 § 7.]
An additional levy of business license tax on businesses conducting
their activities in the "area," which is in addition to the ordinary
business license tax imposed on such businesses by the Business License
Tax Ordinance of the City of Oakdale, is hereby imposed. Such additional
levy of business license tax shall be as fixed and determined by the
following schedule:
(a)
As to businesses presently doing business in the "area," each such
business shall be subject to an additional monthly tax levy as follows:
|
ADDRESS
|
AMOUNT OF LEVY
|
|---|---|
|
146 S. Third Ave.
|
$10.00
|
|
168 S. Third Ave.
|
10.00
|
|
168 S. Third Ave.
|
10.00
|
|
168 S. Third Ave.
|
10.00
|
|
307 East F
|
5.00
|
|
300 East F
|
10.00
|
|
304 East F
|
15.00
|
|
308 East F
|
20.00
|
|
312 East F
|
5.00
|
|
314 East F
|
10.00
|
|
316 East F
|
5.00
|
|
326 East F
|
7.50
|
|
328 East F
|
10.00
|
|
338 East F
|
7.50
|
|
108. N. Yosemite
|
17.50
|
|
112 N. Yosemite
|
12.50
|
|
116 N. Yosemite
|
17.50
|
|
118 N. Yosemite
|
5.00
|
|
128 N. Yosemite
|
10.00
|
|
126 N. Yosemite
|
10.00
|
|
132 N. Yosemite
|
10.00
|
|
136 N. Yosemite
|
25.00
|
|
148 N. Yosemite
|
10.00
|
|
160 N. Yosemite
|
10.00
|
|
317 East E
|
5.00
|
|
129 N. Third
|
5.00
|
|
117 N. Third
|
15.00
|
|
113 N. Third
|
10.00
|
|
111 N. Third
|
10.00
|
|
105 N. Third
|
10.00
|
|
250 N. Third
|
20.00
|
|
304 N. Yosemite
|
10.00
|
|
141 N. Yosemite
|
10.00
|
|
226 East F
|
25.00
|
|
230 East F
|
7.50
|
|
110 N. Third Ave.
|
5.00
|
|
116 N. Third Ave.
|
15.00
|
|
118 N. Third-Ave.
|
10.00
|
|
130 N. Third Ave.
|
10.00
|
|
122 N. Third Ave.
|
10.00
|
|
149 N. Third Ave.
|
10.00
|
|
146 N. Third Ave.
|
15.00
|
|
150 N. Third Ave.
|
10.00
|
|
160 N. Third Ave.
|
10.00
|
|
145 N. Second Ave.
|
25.00
|
|
214 East G
|
5.00
|
|
147 S. Second Ave.
|
5.00
|
|
207 East F
|
10.00
|
|
219 East F
|
15.00
|
|
231 East F
|
12.50
|
|
116 S. Third Ave.
|
10.00
|
|
122 S. Third Ave.
|
15.00
|
|
108 West F
|
5.00
|
|
117 N. Third Ave.
|
5.00
|
|
102 West F
|
15.00
|
|
140 N. First
|
5.00
|
|
105 West F
|
20.00
|
|
150 S. Second
|
10.00
|
|
142 S. Second
|
10.00
|
|
131 East F
|
15.00
|
|
120 East F
|
22.50
|
|
110 East F
|
5.00
|
|
111 N. First
|
5.00
|
|
107 N. First
|
5.00
|
|
133 N. First
|
5.00
|
|
139 N. First
|
5.00
|
|
141 N. First
|
5.00
|
|
143 N. First
|
5.00
|
|
147 N. First
|
5.00
|
|
159 N. First
|
5,00
|
|
140 N. Third Ave.
|
22.50
|
|
202 East F
|
10.00
|
|
208 East F
|
17.50
|
|
212 East F
|
22.50
|
|
220 East F
|
22.50
|
|
154 S. Yosemite
|
5.00
|
|
346 East F
|
10.00
|
|
238 N. Yosemite
|
10.00
|
|
260 N. Yosemite
|
5.00
|
|
222 N. Yosemite
|
5.00
|
|
227 N. Third Ave.
|
5.00
|
|
322 East F
|
10.00
|
|
201 N. Third Ave.
|
10.00
|
|
217 N. Third Ave.
|
5.00
|
|
223 N. Third Ave.
|
5.00
|
|
221 N. Third Ave.
|
5.00
|
|
229 N. Third Ave.
|
5.00
|
|
132 N. Yosemite
|
10.00
|
|
330 East F
|
10.00
|
|
347 East F
|
10.00
|
|
116 Poplar Ave.
|
5.00
|
(b)
For businesses which commence doing business in the "area" after
the effective date of the Ordinance No. 506 establishing the additional
levy of business license taxes, said businesses shall be subject to
an additional monthly tax levy as follows:
(1)
For the first six (6) months of operation, the sum of $5.00
per month.
(2)
After six (6) month's operation, said business shall pay an
additional monthly tax as set forth in the following schedule:
|
Benefit
Zone A
|
Benefit
Zone B
|
Benefit
Zone C
| |
|---|---|---|---|
|
Retail Sales, under $12,000 quarterly gross receipts
|
$7.50
|
$5.00
|
$5.00
|
|
Retail Sales, between $12,000 to $50,000 quarterly gross receipts
|
15.00
|
12.50
|
12.50
|
|
Retail Sales, over $50,000 quarterly gross receipts
|
25.00
|
22.50
|
22.50
|
|
Professional businesses
|
10.00
|
10.00
|
10.00
|
|
Service businesses
|
10.00
|
5.00
|
5.00
|
[Ord. No. 506 § 8.]
The collection of the additional tax herein established shall
be made by the Director of Finance monthly and shall be included in
the billings for water and sewer service furnished by the City of
Oakdale.
[Ord. No. 506 § 9.]
Any business, person or institution located within the said "area," which is exempt from the payment of the ordinary business license tax of the City by reason of the provisions of the United States or State Constitutions, is not to be taxed under this proceeding but may make a voluntary contribution to the City. Such contribution shall be used for the purposes provided in Section 11-75.
[Ord. No. 506 § 10.]
The uses to which the proceeds from the additional tax revenue
realized from the additional levy of license tax imposed by this Ordinance
No. 506 shall be put are: The acquisition, construction or maintenance
of parking facilities in the "area."
[Ord. No. 506 § 11.]
For the purpose of advising the City Council and making recommendations as to how the revenue derived from the additional levy of license tax provided for herein shall be used within the scope of the purposes set forth in Section 11-75 above, and to have and perform such other powers and duties as the City Council may determine, there is hereby created an Advisory Board consisting of five (5) members to be appointed by the Mayor with the concurrence of the City Council, said members to be persons who have businesses within the "area," and pay an additional levy of license tax as provided for herein.
[Ord. No. 506 § 12.]
If any section, subsection, sentence, clause or phrase of this
Ordinance No. 506 is for any reason held by a Court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the
remaining portions of this Ordinance No. 506. The City Council hereby
declares that it would have passed this Ordinance No. 506 and each
section, subsection, sentence, clause, and phrase hereof, irrespective
of the fact that any one or more sections, subsections, sentences,
clauses or phrases be declared invalid.
[Ord. No. 506 § 13.]
This Ordinance No. 506 shall take effect and be in full force
thirty (30) days from and after the date of its passage and before
the expiration of fifteen (15) days after its passage, it shall be
published once, in the Oakdale Leader, a newspaper of general circulation
published in said City of Oakdale, State of California.
