Lemoore Municipal Code Ch. 2 Downtown Business Improvement Area

This Chapter is adopted pursuant to the authority of the "Parking and Business Improvement Area Law of 1965", being sections 36000 et seq., of the Streets and Highways Code of the State of California. (1975 Code §5-2.01)

A. Area Designated: There is hereby created and established a parking and business improvement area designated as "Downtown Business Improvement Area of the City of Lemoore," hereinafter for brevity and convenience referred to as "Area".

B. Area Description: All of the property included within the boundaries indicated below as shown by the Official Map of the City, recorded on April 4, 1901, in Volume 1 at page 52 of Licensed Surveyor Plats, County of Kings, State of California:

Beginning at the intersection of the centerline of "B" Street and the centerline of Lemoore Avenue as shown on said Official Map;

Thence Northerly along the centerline of Lemoore Avenue to the centerline of the railroad right-of-way;

Thence Southwesterly along the centerline of said railroad right-of-way to the extension of the centerline of Hill Street;

Thence Southeasterly along the alignment of the centerline of Hill Street to the centerline of "B" Street;

Thence Northeasterly along the centerline of "B" Street to the point of beginning. (Ord. 9502, 2-21-1995; amd. Ord. 2020-01, 2-18-2020)

A. Assessment Imposed: Effective January 1, 1976, there is hereby imposed a Business Improvement Area Assessment, to be known as the "assessment" upon all permanent businesses located within the boundaries of the Downtown Business Improvement Area of the City established by this Chapter.

The initial rate of increase or additional levy of the assessment imposed by this Chapter is an amount equal to one hundred percent (100%) of the business license taxes imposed by Chapter 1 of this Title as the same apply to permanent businesses located within the boundaries of the Downtown Business Improvement Area of the City established by this Chapter and which are required to pay a license tax upon an annual or quarterly basis under the provisions of said Chapter 1 of this Title. As to those businesses subject to the assessment which are exempt from the business license tax imposed by Chapter 1 of this Title, the amount of the assessment shall be established in the manner provided in Streets and Highways Code sections 36500 et seq.

B. Business Subject To Assessment: All businesses, including but not limited to financial institutions, professions and retail stores, located within the Area, are subject to and shall pay the assessment.

C. Collection Of Assessment: The collection of the initial rate of increase or additional levy of assessments imposed by this Chapter shall be made at the same time and in the same manner as the ordinary business license tax of the City under the provisions of Chapter 1 of this Title as the same apply to businesses which are required to pay a license upon an annual or quarterly basis. Such assessments shall be computed in the manner provided for in said Chapter 1 of this Title as the same applies to businesses paying a regular business license tax on an annual or quarterly basis.

D. Exemption From Assessment; Voluntary Contribution: Any business, person or institution located within said Area which is exempt from the payment of the assessment imposed by this Chapter by reason of the provisions of the United States or California Constitution is not to be assessed under this chapter but may make a voluntary contribution to the City. Such contributions shall be used for the purposes provided in subsection 3-2-4C of this chapter. (Ord. 9502, 2-21-1995)

A. Budget: The Council may annually approve a budget to include an estimate of expenditures to be made to carry out the purposes of the downtown business improvement area of the City.

B. Disposition Of Assessment Revenue: The revenues received from the levy of business assessments imposed by this chapter and all voluntary contributions shall be deposited in the Downtown Business Improvement Fund created by subsection D of this section.

C. Use Of Assessment Revenue: The uses to which the revenues received by the business assessments imposed by this chapter and all voluntary contributions are to be put are as follows:

1. The acquisition, construction, installation or maintenance of parking facilities, benches, trash receptacles, street lighting, decorations, parks and fountains 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. Furnishing of music in any public place in the area.
• 5. The general promotion of activities which benefit business located in the area.
• 6. Promotion of tourism within the area.

D. Downtown Business Improvement Fund:

1. Fund Established: There is hereby established in the City, to be designated as the Downtown Business Improvement Fund, a fund to be used for the purposes enumerated herein.

2. Use Of Fund: All revenues deposited in the Downtown Business Improvement Fund shall be used for the following purposes:

a. The acquisition, construction, installation or maintenance of parking facilities, benches, trash receptacles, street lighting, decorations, parks and fountains for the benefit of the area.

b. Decoration of any public place in the area.

c. Promotion of public events which are to take place on or in public places in the area.

d. Furnishing of music in any public place in the area.

e. The general promotion of activities which benefit business located in the area.

f. Promotion of tourism within the area. (Ord. 9502, 2-21-1995)

The Downtown Merchants Advisory Committee, created by this Title 3, Chapter 2, is dissolved as of December 1, 2020 by operation of this ordinance. The terms of all existing members shall end on December 1, 2020. All extant duties of the Advisory Committee shall revert to the City Council. City Council shall consider and make decisions regarding the operation and extent of the area, the methods and ways in which the revenue derived from the assessment imposed by this Chapter shall be used within the scope of the purposes set forth in this Chapter, and perform any other duties deemed necessary to carry out the provisions of this Chapter. The City Council retains the ability to work in conjunction with downtown merchants in order to effectuate the provisions of this section. (Ord. 2017-12, 9-19-2017; amd. Ord. 2020-09, 12-1-2020)

It shall be the duty of the license tax collector and his deputies to enforce the provisions of this chapter. It shall be the duty of all police officers to cause complaints to be filed against all persons violating any of the provisions of this chapter. (Ord. 9502, 2-21-1995)