Modesto Municipal Code Ch. 3 Business Improvement Area a

This chapter is adopted pursuant to the authority of the "Parking and Business Improvement Area Law of 1965," being Section 36,000 et seq. of the Streets and Highways Code of the State of California.

(Added by Ord. 777-C.S., effective 4-6-66)

There is hereby created and established a Parking and Business Improvement Area designated as: "BUSINESS IMPROVEMENT AREA A OF THE CITY OF MODESTO," hereinafter for brevity and convenience sometimes referred to as "Area."

(Added by Ord. 777-C.S., effective 4-4-66)

A description of the exterior boundaries of said "Business Improvement Area A of the City of Modesto" is as follows:

BUSINESS IMPROVEMENT AREA A OF THE CITY OF MODESTO

All that portion of Sections 28, 29 and 32, Township 3 South, Range 9 East, Mount Diablo Base and Meridian, being a portion of the CITY OF MODESTO, as per maps filed December 21, 1942, in Volume 15 of Maps, Stanislaus County Records, described as follows:

Beginning at the intersection of the center lines of 9th Street and Needham Street; thence Easterly along the center line of Needham Street to its intersection with the Northwesterly extension of the center line of 17th Street; thence Southeasterly along said extension and the center line of 17th Street to its intersection with the Northeasterly extension of the Southeastern line of Lot 4 of Block 125; thence Southwesterly along said line to its intersection with the center line of the alley of Block 125; thence Southeasterly along the center of said alley to its intersection with the Northeasterly extension of the Southeastern line of the Northwestern half of Lot 26 of Block 125; thence Southwesterly along said line to its intersection with the center line of 16th Street; thence Northwesterly along said center line of 16th Street to its intersection with the Northeasterly extension of the Southeastern line, of Lot 4 of Block 122; thence Southwesterly along said line to its intersection with the center line of the alley of Block 122; thence Northwesterly along the center line of said alley to its intersection with the northeasterly extension of the Southeastern line of Lot 31 of Block 122; thence Southwesterly along said line to its intersection with the center line of 15th Street; thence Southeasterly along said center line of 15th Street to its intersection with the Northeasterly extension of the Southeastern line of Lot 5 of Block 112; thence Southwesterly along said line to its intersection with the center line of the alley in Block 112; thence Southeasterly along the center line of the alleys of Block 112, 113, 114, and 115 to its intersection with the Northeasterly extension of the Southeastern line of Lot 29 of Block 115; thence southwesterly along said line to its intersection with the center line of 14th Street and the Northeasterly extension of the Southeastern line of Lot 4 of Block 103; thence continuing Southeasterly along said line to its intersection with the center line of the alley of Block 103; thence Northwesterly along the center line of said alley to its intersection with the Northeasterly extension of the Southeastern line of Lot 31 of Block 103; thence Southwesterly along said line to its intersection with the center line of 13th Street; thence Southeasterly along said center line of 13th Street to its intersection with the Northeasterly extension of the Southeastern line of the Northwestern half of Lot 3 of Block 96; thence Southwesterly along said line to a point which is parallel with and 45.00 feet, measured at right angles, Northeasterly from the Southwestern line of Lots 3 and 4 of Block 96; thence Southeasterly along said parallel line to its intersection with the Southeastern line of said Lot 4; thence Southwesterly along the Southeastern line of said Lot 4 to its intersection with the center line of the alley of Block 96; thence Northwesterly along the center line of said alley to its intersection with the Northeasterly extension of the Southeastern line of Lot 31 of Block 96; thence Southwesterly along said line to its intersection with the center line of 12th Street; thence Southeasterly along said center line of 12th Street to its intersection with the center line of F Street; thence Southwesterly along said center line of F Street to its intersection with the center line of the alley of Block 81; thence Northwesterly along the center line of said alley to its intersection with the Northeasterly extension of the Southeastern line of Lot 30 of Block 81; thence Southwesterly along said line to its intersection with the center line of 11th Street; thence Southeasterly along said center line of 11th Street to its intersection with the Northeasterly extension of the Southeastern line of Lot 4 of Block 71; thence Southwesterly along said line to its intersection with the center line of the alley of Block 71; thence Southeasterly along the center line of said alley to its intersection with the Northeasterly extension of a line which is parallel with and 5.75 feet Northwesterly from the Southeastern line of Lot 27 of Block 71; thence Southwesterly along said line to its intersection with the center line of 10th Street; thence Northwesterly along said center line of 10th Street to its intersection with the Northeasterly extension of the Southeastern line of Lot 4 of Block 53; thence Southwesterly along said line and the Southeastern line of Lot 29 of Block 53 to its intersection with the center line of 9th Street; thence Southeasterly along said center line of 9th Street to its intersection with the Northeasterly extension of the Southern line of Block 137; thence Southwesterly along the Southern line of Block 137 to the Southwestern corner of Block 137; thence Northwesterly along the Southwestern line of Block 137 to its intersection with the Southern line of Block 140; thence Southwesterly along the Southern line of Block 140 to its intersection with the center line of 8th Street; thence Northwesterly along said center line of 8th Street to its intersection with the Northeasterly extension of the Southeastern line of Lot 6 of Block 45; thence Southwesterly along said line to its intersection with the center line of the alley of Block 45; thence Northwesterly along the center line of said alley to its intersection with the Northeasterly extension of the Southeastern line of Lot 29 of Block 45; thence Southwesterly along said line to its intersection with the center line of 7th Street; thence Southeasterly along said center line of 7th Street to its intersection with the Northeasterly extension of the Southeastern line of Lot 5 of Block 31; thence Southwesterly along said line to its intersection with the center line of the alley of Block 31; thence Southeasterly along the center line of said alley to its intersection with the Northeasterly extension of the Southeastern line of Lot 25 of Block 31; thence Southwesterly along said line and the extension thereof to

e Northeasterly extension of the Southeastern line of Lot 5 of Block 31; thence Southwesterly along said line to its intersection with the center line of the alley of Block 31; thence Southeasterly along the center line of said alley to its intersection with the Northeasterly extension of the Southeastern line of Lot 25 of Block 31; thence Southwesterly along said line and the extension thereof to its intersection with a line which is half way between the center lines of 5th Street and 6th Street, said line being the approximate center line of California State Freeway, U.S. Highway 99; thence Northwesterly along said line to its intersection with the center line of North Washington Street; thence Northerly along said center line of North Washington Street to its intersection with the center line of 8th Street; thence Northwesterly along said center line of 8th Street to its intersection with the center line of Kansas Avenue; thence Northeasterly along said center line of Kansas Avenue to its intersection with the center line of 9th Street; thence Southeasterly along said center line of 9th Street to the point of beginning.

(Added by Ord. 777-C.S., effective 4-6-66)

All business within the boundaries of said "Area," not exempt by law, shall be subject to the provision of the additional tax imposed by this chapter.

(Added by Ord. 777-C.S, effective 4-6-66)

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 upon such businesses by Chapter 1 of this title, is hereby imposed. Such additional levy of business license tax shall be as fixed and determined by the following schedule:

(a) Class I Businesses. Every person conducting, carrying on, or managing a business from a fixed place of business within the "Area," and who is subject to a business license tax equal to one (1) mill on each dollar of gross receipts as defined in Section 6-1.201 of this Code shall be subject to an additional one-half (½) mill on each dollar of gross receipts: Exception: The tax rate for the sale of new and used motor vehicles shall be one-fourth (¼) mill on each dollar of gross receipts. Sales of parts and services shall not be considered as the sale of new or used motor vehicles. The maximum payment for the additional levy for any single business shall not exceed One Thousand Five Hundred and no/100ths ($1,500.00) Dollars during any fiscal year.

(b) Class II Businesses. Every person conducting, carrying on, or managing a business from a fixed place of business within the "Area," and who is subject to a business license tax equal to two (2) mills on each dollar of gross receipts as defined in Section 6-1.202 of this Code, shall be subject to an additional one (1) mill on each dollar of gross receipts. The maximum payment for the additional levy for any single business shall not exceed One Thousand Five Hundred and no/100ths ($1,500.00) Dollars during any fiscal year.

(Ord. 777-C.S., effective 4-6-66)

The definitions and classifications of businesses, as hereinabove set forth, shall be determined by the definitions and classifications as set forth in Chapter 1 of this title.

(Ord. 777-C.S., effective 4-6-66)

The collection of the additional levy to the license tax 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, and such tax shall be computed in the manner provided in said Chapter 1 for each business, but according to the schedule set forth herein, and shall be due and payable as provided in said Chapter 1 of this title.

(Ord. 777-C.S., effective 4-6-66)

Any business, person, or institution located within 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 chapter but may make a voluntary contribution to the City. Such contribution shall be used for the purposes provided in Section 6-3.09 of this chapter.

(Ord. 777-C.S., effective 4-6-66)

The uses to which the proceeds from the additional tax revenue realized from the additional levy of license tax imposed by this chapter shall be put are:

(a) Decoration of any public place in the "Area."

(b) Promotion of public events which are to take place on or in public places in the "Area."

(c) Furnishing of music in any public place in the "Area."

(d) The general promotion of retail trade activities in the "Area."

(e) The acquisition, construction or maintenance of parking facilities for the benefit of the "Area."

(Ord. 772-C.S., amended by Ord. 1585-C.S., effective 4-1-77)

(Ord. 777-C.S., repealed by Ord. 1585-C.S., effective 4-1-77)

For the purpose of advising the Council and making recommendations as to how the revenue derived from the additional levy of license tax imposed by this chapter shall be used within the scope of the purposes set forth in Section 6-3.09 of this chapter, and to have and perform such other powers and duties as the Council may determine, there is hereby created an advisory board consisting of nine (9) members to be appointed by the Mayor with the concurrence of the Council, said members to be persons who have businesses within the "Area," and pay an additional levy of license tax as provided for by this chapter.

(Ord. 777-C.S., amended by Ord. 1585-C.S., effective 4-1-77)