The recitals of the ordinance codified in this chapter, which
set forth facts regarding the adoption of council resolutions, the
conduct of public hearings and certain findings of the city council,
are true and correct and incorporated in this chapter by reference.
(Ord. 661, 1993)
A. All
businesses shall promptly respond to, and comply with, any inquiry
from the city to assist in its ascertainment of how a business should
be classified.
B. For
purposes of calculating and applying the amount of assessments owed,
the city will use the same method it uses for classifying businesses
for business licenses. This is an administrative function of the city
finance director and his or her deputies.
(Ord. 661, 1993; Ord. 746, §§ 2—4, 11-16-2009; Ord. 758 § 2, 9-7-2010)
A parking and business improvement district is established pursuant
to the Parking and Business Im-provement Area Law of 1989, Streets
and Highways Code Section 36500 et seq. The parking and business improvement
area's boundaries are set forth on Exhibit "A," attached to the ordinance
codified in this chapter and incorporated in this chapter by reference.
This district shall be known as the "Crescent City Downtown Parking
and Business Improvement District" (the "district"). The businesses
in the area established by this chapter shall be subject to any amendments
to Part 6 of the Parking and Business Improvement Area Law of 1989.
(Ord. 661, 1993)
A. The
city council shall appoint an advisory board that shall make recommendations
to the city council on the expenditure of revenues derived from the
levy of assessments. The advisory board shall consist of seven assessment-paying
members of the district. The term of each board member is three years.
Each member of the advisory board is subject to annual economic interest
disclosure requirements. The city council shall receive and consider
recommendations from the district's board when filling vacancies on
the advisory board.
B. From the assessments' revenue, the advisory board shall solicit input from the district's businesses; manage the affairs of the district in accordance with the purpose and use of the district's revenues as set out in Section
5.100.060 of this chapter; and shall disburse the assessment's revenues in accordance with the city council approved annual assessment report. The district's membership shall be composed of all businesses subject to the levy of assessments. All voting of the membership shall be based on one vote per business assessed, and said business must be current in payment of district assessments to participate in voting. The officers shall be elected from the members of the advisory board by the advisory board on an annual basis.
C. On
or before April 15th of each year, the advisory board shall file with
the city clerk an assessment report fully and comprehensively complying
with the provisions of
Streets and Highways Code Section 36533 from
time to time amended or supplanted.
D. It
is declared to be the intent of the city in forming this district
that the city, its advisory board, and their officer and employees
shall each communicate and fully disclose relevant information to
the other for the benefit of the businesses located within the district
and to accomplish the intent of this chapter.
(Ord. 661, 1993; Ord. 719 Exh. A, 2007; Ord. 775 § 1A., 7-1-2013)
A. All
businesses, trades and professions located within the district boundaries
shown on "Exhibit A-09" shall, accruing on July 1st of each fiscal
year, pay an annual benefit assessment to the city in the following
amounts:
BUSINESS CATEGORY
|
ASSESSMENT AMOUNT
|
---|
RETAIL
|
$100
|
RESTAURANT
|
$100
|
SERVICE
|
$100
|
PROFESSIONAL
|
$100
|
FINANCIAL
|
$100
|
BOOTH RENTERS
|
$50
|
NONPROFIT
|
$50
|
VETERANS
|
$50
|
B. Only
businesses that are exempt from paying a business license tax under
CCMC 5.08.070 (veterans' exemption) qualify for the "veterans" business
category.
(Ord. 775 § 1C., 7-1-2013; Ord. 758 § 3, 9-7-2010; Ord. 746 § 5, 11-16-2009)
A. The
improvements and activities that are provided to the district's area
shall be funded by the levy of the assessments. The assessment's revenue
shall not be used to provide improvements or activities outside the
district's area.
B. The
assessments shall be used to purchase and construct improvements (as
defined by Section 36153 of the Act); to promote activities (as defined
by Section 36513 of the Act) that benefit individual businesses and
property within the district; to promote the economic revitalization
and physical maintenance of the business district in order to create
jobs, attract new businesses and prevent erosion of the business district
and promote to tourists the district's scenic, recreational, cultural
and other attractions as a tourist destination. Although the city
anticipates the donation of services to assist the district, the assessments
may, as city financial circumstances dictate, also be used to provide
revenues for insurance coverage for, and uninsured loss and deductibles
arising from the district's special activities and improvements; to
reimburse the city for all costs, fees and expenses related to the
enforcement and collection of the assessments until such time as a
defaulting business ultimately reimburses the city as provided for
in this chapter; and to reimburse the city for costs, fees and expenses
related to the district's annual protest hearing and notice procedures
and also relating to the district's establishment, modification or
disestablishment of benefit zones pursuant to the Act.
(Ord. 661, 1993; Ord. 775 § 1D., 7-1-2013)
Editor's note—Ord. 746 § 6, adopted
Nov. 16, 2009, repealed § 5.100.070, which pertained to
exemption from assessment and derived from Ord. 661, adopted 1993.
A. The
annual assessment shall be due and payable on July 1st of each year
by the person or entity to whom the city business license is issued.
B. For
each fiscal year, the advisory board shall include in their budget/annual
report, and the city shall receive, an administrative fee of ten percent
of the total received assessments. This administrative fee covers
the costs, fees and expenses for billing the annual assessment with
the annual business license tax and for conducting the annual protest
hearing and providing legal notice in conjunction therewith.
(Ord. 661, 1993; Ord. 746 § 7, 11-16-2009; Ord. 775 § 1E., 7-1-2013)
Contributions to the district shall be permitted on a voluntary
basis. The area of the district shall not be modified as a result
of the contribution, nor shall said contributing business be deemed
a member of the district for voting or other purposes, nor shall they
be eligible to be an advisory board member. However, said business
making a voluntary contribution may be entitled to participate in
the programs of the district upon a finding by the board of directors
that the district derives a benefit from said business' participation
in the program.
(Ord. 661, 1993; Ord. 775 § 1F., 7-1-2013)