Kingsburg Municipal Code Ch. 5.42 Downtown Business Improvement District

Footnotes:

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Editor's note— Ord. No. 2020-003, § 1, adopted October 21, 2020, added provisions to the Code designated as §§ 5.40.010—5.40.120. Inasmuch as there were already provisions so designated, the provisions have been redesignated as §§ 5.42.010—5.42.120, at the discretion of the editor.

This chapter is adopted pursuant to the provisions of the "Parking and Business Improvement Area Law of 1989," being Sections 36500 et seq. of the California Streets and Highway Code.

(Ord. No. 2020-003, § 1, 10-21-2020)

There is created and established a business improvement district area designated as the "Kingsburg Downtown Business Improvement District" ("District").

(Ord. No. 2020-003, § 1, 10-21-2020)

The exterior boundaries of the district is that portion of the Central Commercial Zone District in the City of Kingsburg, County of Fresno, State of California, within the streets and address ranges as shown on Exhibit "A" to this chapter.

(Ord. No. 2020-003, § 1, 10-21-2020)

Editor's note— Exhibit A as referenced in § 5.42.030 is not set out herein, but can be found on file at the city clerk's office.

Effective January 1, 2021, there is imposed an initial increase and additional levy of business license fees upon all businesses located within the boundaries of the district which are required to pay a business license fee under the provisions of Chapters 5.04 and 5.08 of this Title 5.

(Ord. No. 2020-003, § 1, 10-21-2020)

The initial increase and additional levy of the business license fees imposed upon businesses within the district shall be an amount equal to one hundred percent (100%) of the business license fees imposed by Chapters 5.04 and 5.08 of this Title 5, and subsequent amendments thereto, as the same applies to businesses located within the district and which are required to pay a business license fee ("district assessment"). Business within the district not required to pay a business fee will be assessed an annual fee of one hundred dollars ($100.00). The advisory board as defined in Section 5.42.100 may recommend to the city council adjustments to the district assessment and the city council shall have the authority to adjust the amount of the district assessment by resolution of the city council.

(Ord. No. 2020-003, § 1, 10-21-2020)

The definitions and classifications of businesses shall be determined by the definitions and classifications set forth in Chapters 5.04 and 5.08 of this Title 5 as the same apply to businesses within the district.

(Ord. No. 2020-003, § 1, 10-21-2020)

The collection of the district assessments imposed by this chapter shall be made at the same time and in the same manner as the ordinary business license fees pursuant to the provisions of Chapters 5.04 and 5.08 of this Title 5 and shall be due and payable and subject to the same penalties for delinquencies as provided in Chapters 5.04 and 5.08 of this Title 5 as the same applies to businesses paying a regular business license fees.

(Ord. No. 2020-003, § 1, 10-21-2020)

It shall be the duty of the city clerk for the city or his/her appointee to enforce the provisions of this chapter by any lawful means.

(Ord. No. 2020-003, § 1, 10-21-2020)

The services (collectively "district services") to be initially provided by the district are as follows:

A. Marketing and branding services to attract residents and visitors while stabilizing and improving the downtown environment and experience.

B. Marketing strategies and programing to freshen the existing Swedish Village image will be developed as part of the overall district program. Strategies will build off existing strength of current business and developing amenities in the dining sector. Image and marketing efforts will aim to support business retention as well as encouraging both residents and visitors to explore downtown Kingsburg. Business recruitment efforts that support the Swedish Village concept will be developed in conjunction with the city's economic development committee.

C. Traditional and non-traditional marketing activities and products will be explored including an interactive website and electronic communications tools, strong public and media relations efforts to communicate ongoing positive changes in the downtown marketplace, and printed products including periodic market reports and updates, maps and brochures that provide users with information about the amenities downtown Kingsburg has to offer. In addition, programming and promotional events to activate downtown will be developed as part of an overall image and marketing campaign.

The advisory board as defined in Section 5.42.100 may recommend to the city council changes to the district services and the city council shall have the authority to change the district services by resolution of the city council.

(Ord. No. 2020-003, § 1, 10-21-2020)

For the purpose of advising the city council and making recommendations regarding the operation of the district, the services performed by the district and the methods and ways in which the revenue derived from the levy of the district assessments imposed by this chapter shall be used within the scope of the services set forth in Sections 5.42.090 of this chapter, and to perform such other powers and duties as the city council may determine, the Kingsburg Downtown Business Improvement District Advisory Board ("advisory board") is created. The advisory board shall consist of seven (7) members appointed by a majority vote of the city council for a term of one year. The advisory board members shall be persons who own businesses within the district that pay district assessments as provided by this chapter. Annually, the advisory board shall present an annual budget to the city council for review and approval. The proposed budget shall include an estimate of income and expenditures by the advisory board to carry out the purposes of the district.

(Ord. No. 2020-003, § 1, 10-21-2020)

The district assessments shall be deposited in the Kingsburg Downtown Business Improvement District Fund ("fund") to be created by the city. All expenses of the district shall be paid only from district assessments deposited in the fund.

(Ord. No. 2020-003, § 1, 10-21-2020)

The city council may disestablish the district by adopting an ordinance after holding a public hearing on disestablishment in accordance with the provisions on Section 36550 of the California Streets and Highway Code as amended. Upon disestablishment of the district, any remaining revenues derivate from the levy of district assessments shall be refunded to the owners of the businesses located and operating in the district in accordance with the provisions of Section 36551 of the California Streets and Highway Code as amended.

(Ord. No. 2020-003, § 1, 10-21-2020)