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Home My WebLink AboutOrdinance 116 0 ORDINANCE NO. 116 00 AN ORDINANCE OF THE CITY OF ATASCADERO ESTABLISHING THE DOWNTOWN PARKING AND BUSINESS I14PROVEMENT AREA WHEREAS , on November 25 , 1985 , this Council adopted Resolution Number 127 .-85 , entitled, A Resolution of the Council of the City of Atascadero of intention, to establish a parking and business improve- ment area within the Downtown section of the City of Atascadero and setting a Hearing date therefore pursuant to Streets and Highways Code Section 36500 et seq. ; and WHEREAS , at 7 : 30 P.M. , January 13 , '1986 , this Council held a duly noticed Public Hearing at the City Council Chambers , Atascadero City Hall , pursuant to Resolution No. 127-85 , to consider the estab- lishment of a parking and`, business improvement area within the portions of the Downtown Business District described in Resolution 127-85; and WHEREAS , this Council finds that there was no majority protest at said Hearing to the formation of said area; and WHEREAS , this Council finds that the public interest would be served by the formation of such an area within the boundaries proposed in Resolution No 127-85. NOW, THEREFORE , BE IT ORDAINED by the Council of the City of Atascadero as follows : SECTION 1 . The Municipal Code of the City of Atascadero is hereby amended by adding Chapter - -*to Title 3 of the Atascadero Municipal Code as follows : 1111 11 CHAPTER -�=* DOWNTOWN PARKING AND BUSINESS IMPROVE1,ENT AREA Sections Title of Section l l* (all below) 34. 01 Creation 3-9 . 02 Boundaries 3-Z . 03 Businesses Affected 3-9 . 04 Proposed Uses for Revenues 3-9 . 05 Charges 3-9 . 06 Assessments 3-9 . 07 Collection of Assessments and Charges 3-x , 08 .,and to Business and Area 3-0 .09 Business Improvement Association 11* 3-0. 01 CREATION. There is hereby created and established the Downtown Parking and Business Improvement Area of the City of Atascadero. 11* 3-9. 02 BOUNDARIES . The boundaries of said area generally shown on E- i it A map attached hereto , and more specifically described as follows : * addincY Chapter "11" (rot 6) ; change necessary Gue to duplication of chapter no. ' s , ner David Griffiths , Book 'publishing Co. , 4/1/86 (ccnfir�� w/R.^' . Jones , Cit- A.tt'�7. ) From the South corner of Morro Road at the Highway 101 over-crossing then in the generally northwest direction immediately adjacent to Highway 101 , to a point , at the intersection of E1 Camino Real and Rosario Ave. , then easterly along Rosario Ave. , to a point at the intersection of Rosario and Palma Ave. , then easterly along Palma Ave. to the rear lot line of parcels on the west side of Traffic Way, then north along said rear lot lines to the rear lot line of parcels on the south side of Olmeda Ave. , then easterly to the rear lot line of parcels on the west side of Traffic Way, then north along said rear lot lines to include Lot 24 of Block LA, of Atascadero, then northerly along the center line of Traffic Way, to a point , then easterly to include the presently existing National Guard Armory Property, then to a point easterly to the intersection of' West-Mall and Santa Ysabel Ave. at the. West Mall bridge, then southerly along Santa Ysabel Ave. to a point at the intersection of the southerly leg of Hospital Drive and Santa Ysabel Ave. , then easterly from that point to the ex- tension of proposed Highway 41 , then southwesterly to the Morro Road/Highway 101 over-crossing, point of beginning. The area shall include all businesses located on parcels contiguous to the Traffic Way boundary. 11* 3-t. 03 BUSINESSES AFFECTED. Each and every business in the Dountwon Parking and Business Imrpovement Area as defined by Section 36502 of the Streets and Highways Code, shall be subject to, and shall pay, such new, separate and additional charges that may from time to time be levied to carry out the purposes of the Downtown Parking and Business Improve- ment Area as setforth in this Ordinance and Section 36500 et seq. of the Street and Highways Code. 11* 3-x. 04 PROPOSED USES FOR REVENUES. The proposed uses for which the proposed revenues prom said area s all be expended are: (1) The acquisition, construction, or maintenance of parking facilities for the benefit of the area. (2) Decoration of any public place in the area. (3) Promotion of public events which are to take place on or in public places in the area. (4) The general promotion of business activities in the area. 11* ' 3 . 05 CHARGES. Charges for obtaining funds to provide services and programs for the area shall be levied on all businesses in the area in amounts equal to the business license charge on such businesses . based upon the following percentages and in the following years . (a) 1986 - 25% of applicable business license charge on such businesses . See note at bottom of Pg. 1 of this ordinance. -2- businesses (b) 198 - 500 of applicable business license charge on such . 7 (c) 1988 - 75% of applicable business license charge on such businesses . businesses (d) 1989 -100% of applicable buisness license charge on such lY* 3 . 06 ASSESSPENTS . Assessments as defined in Section 36504 of the Streets and Hig ways Code, for the purpose of construction of physical improvements shall be made only after- furtl-er I-.earings and findings are required under the Streets and Highways Code Section 36500 et seq. 11* 3-1. 07 COLLECTION OF 'ASSESSMENT AND CIARGES. Collection of assessment an c arges imposed herein snall be made at-t-"-Fe same time and in the same manner as any other City business license fee. 11* 3-,x.08 BENEFIT. TO BUSINESS AND AREA. T' .is Counci l*finds and determines t` at parxing nd other deficieHcies are so generally/in the Downtown. Section of the City, and that the size of the new area is so small , t1lat each business in the area will, benefit from expenditures for parking facilities substantially in proportion to the amount of additional charges and assessments to be levied upon all businesses . ' 11* 3-3. 09 BUSINESS II\TROVEMENT ASSOCIATION. The Atascadero City Council_ ave :-u aut ority to enter into annual_ agreements with the Atas- cadero Downtown Business Improvement Association, consisting of repre- sentatives among those who had businesses in the area and who are sub- ject to the charges and assessments under this Ordinance. The Business Improvement Association pursuant to its agreements with the. City Council of Atascadero , shall be authorized to expend area revenues in accordance with City budgetary and accounting procedures . The Business Improvement Association shall , as a first order of business , establish By-Laws for its operation, which By-Laws shall be subject to approval by the City Council_ of Atascadero SECTION 2. The City Clerk shall cause this Ordinance to be published once with- in fifteen (15) days after its passage in the Atascadero News , a news- paper of general circulation, printed, pub lishe a.n, circu. ated in this city in accordance with Governmental Code Section 36933; shall certify the adoption of this Ordinance; and shall cause this Ordinance and cert- ification to be entered in the Book of Ordinances of this city. SECTION 3. This Ordinance shall go into effect and shall. be in full force and and effect at 12: 01 A.M. on the 31st day after its passage. OnR2otion by COUINCILMAN 1APT T1 A. and seconded by g OL'NCILt10PTA the foregoing Ordinance is hereby adopted in its enti.rty by t e o� owing roll call vote: * See note at bottom of ?e. 1 of this orCinance . ** insert , "evident" + -3- AYES: COUNCILMEMBERS HANDSITY, MACKEY, MOLINA, NORRIS AND MAYOR NELSON NOES : NONE ABSENT: NONE DATE ADOPTED: 1/27/86 ATTEST: CITY OF ATASCADERO r o ert Jones , City C er Ro -:e e son, Mayor APPROVED AS TO CONTENT : kw Mic ae She to , City lanager APPROVED AS TO FORM: Ro ert Jones , City Attorney L �1 a�t•'r'OF ` �'•}'`" }r,} vw44, rw.v,►vy. jNN �s !��!��r io'r i+ } ^v,r� • :y Y Y•� fr t wrn .� ..sv?„sx• `aar 4,v.. ..i-:"1aa:. A:.. ,..1.:...•: a:}:•: ..}}:Ss.•}ro-Y-•:3;}: •:.2� r.. . •.;> :.... j�\l'�` ...x. ::.:,.!.«.., ! me .: :;{.};.: < ....:4..rx{} : .{• .:•}. . � ••:24 '•.♦''7 Y:►.• .f.tx {:j;{ :::%{}':S:v} •:ff:..�a. 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