Selma Municipal Code Ch. 25 Downtown Selma Business Improvement District

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. 2022-6, 10-17-2022)

There is created and established a business improvement district area designated as the "Downtown Selma Business Improvement District" ("District"). (Ord. 2022-6, 10-17-2022)

The exterior boundaries of the District is that portion of the Central Commercial Zone District in the City of Selma, County of Fresno, State of California, within the streets and address ranges as shown on Exhibit "A", attached to this Ordinance 2022-6. (Ord. 2022-6, 10-17-2022)

Effective January 1, 2023, 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 Chapter 1 of Title 5 of this Code. (Ord. 2022-6, 10-17-2022)

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 Chapter 1 of 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 5-25-10 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. 2022- 6, 10-17-2022)

The definitions and classifications of businesses shall be determined by the definitions and classifications set forth in Chapter 1 of Title 5 as the same apply to businesses within the District. (Ord. 2022-6, 10-17-2022)

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 Chapter 1 of Title 5 and shall be due and payable and subject to the same penalties for delinquencies as provided in Chapter 1 of Title 5 as the same applies to businesses paying a regular business license fee. (Ord. 2022-6, 10-17-2022)

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. 2022-6, 10-17-2022)

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

(A) Marketing strategies and programming to create an appealing and vibrant Downtown Selma will be developed as part of the overall program. Efforts will be made to encourage both locals and visitors to explore Downtown Selma. Traditional and non-traditional marketing activities and products will be explored including an interactive website, electronic communication tools and printed materials.

(B) Attention will be made to address physical improvements. These may include pressure washing sidewalks and alleys along with curb painting, above and beyond what is currently done by the City. These efforts will improve walkability within the Downtown.

(C) Business recruitment efforts will seek to increase the mix of retail/restaurant businesses in collaboration with the City of Selma Economic Development Department. In addition, compilation of periodic market reports will guide the direction of business development.

The Advisory Board as defined in Section 5-25-10 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. 2022-6, 10-17-2022)

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 this chapter; and to perform such other powers and duties as the City Council may determine, the Downtown Selma Business Improvement District Advisory Board ("Advisory Board") is created.

The Advisory Board shall consist of nine (9) members appointed by a majority vote of the City Council for a term of two (2) years.

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.

Advisory Board meetings shall be held at such stated times as may be fixed by the commission by resolution. Special meetings of the commission may be called by the chairperson or by any four (4) members. (Ord. 2022-6, 10-17-2022; amd. Ord. 2023-8, 1-16-2024; Ord. 2026-01, 2-17-2026)

The District Assessments shall be deposited in the Downtown Selma 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. 2022-6, 10-17-2022)

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. 2022-6, 10-17-2022)