Shafter Municipal Code Ch. 12.20 Parking and Business Improvement Areas

After having adopted a resolution of intention, noticing a hearing and hearing protests and receiving evidence relating to the establishment of a parking and business improvement area, the city council hereby establishes a parking and business improvement area pursuant to the provisions of the California Streets and Highways Code, Sections 36500 et seq. The boundaries of the area are generally described as follows:

1. All properties and businesses abutting Central Avenue located between Kern Street and Lerdo Highway in the city

2. All properties and businesses abutting James Street located between Sunset Street and State Street in the city;

3. All properties and businesses abutting the southwesterly right-of-way line of Central Valley Highway located between Sunset Street and the first alley southeast of Central Avenue in the city;

4. All properties and businesses abutting California Street located between James Street and Central Valley Highway in the city;

and more specifically described as:

All that portion of Sales Map of Lands of Kern County Land Company in Shafter Townsite in Section 10, Township 28 South, Range 25 East, Mount Diablo Base and Meridian, in the County of Kern, State of California, per map of said Townsite recorded June 12, 1913, in the Office of the Kern County Recorder and being more particularly described as follows:

Beginning at the southwest corner of said Section 10 as shown on said map;

Thence North 0°36′22″ east, along the west line of said section 249.73 feet to the southwesterly prolongation of the northwesterly line of that certain alley, 20 feet wide, as shown in Blocks 14 and 15 of said map;

Thence North 45°03′30″ east, along the last said northwesterly line, 843.54 feet to the southeast corner of Lot 2 of said Block 15;

Thence North 44°57′05" west, along the southwesterly line of said Lot 2 and the northwesterly prolongation thereof, 190.00 feet to the centerline of California Avenue, 80 feet wide, as shown on said map;

Thence South 45°03′30″ west, along the last said centerline, 125.00 feet to the southeasterly prolongation of the northwesterly line of Lot 25 of Block 13 of said map;

Thence North 44°57′05″ west, 190.00 feet to the most northerly corner of said Lot 25;

Thence South 45°03′30″ west, along the northwesterly line of said Lot 25, a distance of 12.00 feet to the southeasterly prolongation of a line that is parallel with and 12.00 feet southwesterly of the northeasterly line of Lot 8 said Block 13;

Thence North 44°57′05″ west, along the last said line, 210.00 feet to the centerline of Sunset Street, 80 feet wide, as shown on said map;

Thence North 45°03′30″ east, along the last said centerline, 667.00 feet to the southeasterly line of Central Valley Highway (Santa Fe Street), 80 feet wide, as shown on said map;

Thence South 44°5 7′05″ east, along the last said southwesterly line, 590.00 feet to the southwesterly prolongation of the northwesterly line of the certain alley, 20 feet wide as shown in Block 17 of said map;

Thence North 45°03′30″ east, along the last said northwesterly line, 970 feet to the centerline of Kern Street, 80 feet wide, as shown on said map;

Thence South 44°57′05″ east, along the last said centerline 419.70 feet to the northeasterly prolongation of the southeasterly line of that certain alley, 20 feet wide, as shown in Blocks 22 and 23 of said map;

Thence South 45°03′30″ west, along the last said southeasterly line, 1,220.00 feet to the most westerly corner of Lot 23 of said Block 23;

Thence South 44°57′05″ east, along the southwesterly line of the last said Lot 23 and the southeasterly prolongation thereof, 230.00 feet to the most westerly corner of Lot 10 of Block 27 of said map;

Thence South 44°57′05″ east, along the southwesterly line of the last said Lot 10 and the southeasterly prolongation thereof, 170.00 feet to the most westerly corner of Lot 23 of the last said Block 27;

Thence South 44°57′05″ east, along the southwesterly line of the last said Lot 23 and the southeasterly prolongation thereof, 190.00 feet to the centerline of State Avenue, 80 feet wide, as shown on said map;

Thence South 45°03′30″ west, along the last said centerline, 330.00 feet to the southeasterly prolongation of the southwesterly line of Lot 29 of Block 26 of said map;

Thence North 44°57′05″ west, along the last said southwesterly line and the northwesterly prolongation thereof, 210.00 feet to the most southerly corner of Lot 4 of said Block 26;

Thence North 45°03′30″ east, 50.00 feet to the most easterly corner of Lot 3 of said Block 26;

Thence North 44°57′05″ west, 150.00 feet to the most northerly corner of the last said Lot 3;′

Thence South 45°03′30″ west, along the northwesterly line of the last said Lot 3, 25 feet to the southeasterly prolongation of the northeasterly line of Lot 29 of Block 24 of said map;

Thence North 44°57′05″ west, along the last said northeasterly line, 230.00 feet to the southeasterly line of that certain alley, 20 feet wide, as shown in Blocks 24 and 25 of said map;

Thence South 45°03′30″ west, along the last said southeasterly line and southwesterly prolongation thereof, 754.06 feet to the south line of said Section 10;

Thence North 89°42′30″ west, along the last said south line, 344.81 feet to the Point of Beginning; Containing 35.81 acres, more or less.

(Prior code § 5-14-1)

All businesses encompassed within the boundaries of the parking and business improvement area shall be subject to the provisions of the California Streets and Highways Code, Sections 36500 et seq., entitled "Parking and Business Improvement Act of 1979," and any amendments thereto.

(Prior code § 5-14-2)

Businesses within the proposed area shall be assessed a fee to be collected by the city in the manner in which the city collects business licenses which will be utilized to finance the parking and business improvement district. The assessments shall be set by resolution.

(Prior code § 5-14-3)

The city council finds that businesses lying within the parking and business improvement area, or described herein, are benefited by the expenditure of funds levied raised by the assessments and charges provided herein.

(Prior code § 5-14-8)

Assessments or charges imposed upon businesses for the purpose of the acquisition, construction or maintenance of parking facilities for the benefit of the area are imposed on the basis of benefit as determined from time to time by the city council, based upon:

A. The total cost to be recovered from the businesses upon which the assessment or charge is to be imposed;

B. The total area within the boundaries of the parking and business improvement area;

C. The assessed value of land and improvements within the area;

D. The total business volume generated within the area;

E. Such other factors as the city council may find and determine to be a reasonable measure of benefit from the construction or maintenance of parking facilities.

(Prior code § 5-14-6)

The city council may establish and modify separate benefit zones within the area and establish or modify various assessments within such zones based upon the degree of benefit received. Such establishment, modification or disestablishment shall be performed pursuant to the procedural requirements of Section 36527 of the California Street and Highways Code.

(Prior code § 5-14-7)

The city council may change assessments of businesses within the area from time to time by ordinance. Prior to adopting such ordinance, the city council shall hold a public hearing and adopt a resolution of intention to change assessments at least fifteen days prior to the hearing. The resolution shall specify the proposed change and the time and place of the hearing. Such assessments shall be established and categorized from time to time based upon benefits projected to be received.

(Prior code § 5-14-4)

There is established in the city a fund to be designated as the "parking and business improvement fund." All charges and assessments collected pursuant to this chapter shall be deposited in the fund.

(Prior code § 5-14-10)

Revenues collected within the improvement area from businesses shall be used for the following purposes:

A. Reacquisition, construction or maintenance of parking facilities for the benefit of the improvement area;

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

C. Decoration of any public place in the improvement area;

D. Furnishing of music in any public place in the improvement area;

E. The general promotion of business activities in the area by means which shall include, but not be limited to, financial assistance for the development and construction of public facilities and private, facilities; provided such assistance for private facilities shall benefit, to the maximum extent feasible, businesses within the improvement area based upon the assessments paid by such businesses and benefits received.

(Prior code § 5-14-5)

There is created a parking and business improvement area advisory board which shall make recommendations to the city council regarding the expenditure of revenues derived from assessments or charges within the area. Determination of such expenditure, however, shall be in the sole discretion of the city council.

(Ord. 413 § 1 (part), 1989: prior code § 5-14-9 (part))

The advisory board shall consist of five persons, all of whom shall be persons associated with businesses paying the assessments or charges levied by this chapter. Commencing in the first week of January, 1988, three members shall be elected for a term of one year and two members shall be elected for a term of two years, the term of each to be determined by lot by the city manager. Thereafter, commencing the first of February through the last Friday in February nominations shall be submitted to the advisory board. Elections shall be held annually on the second Tuesday of March for two-year terms to fill the expired terms. Elected members shall take once the first regular meeting in April. A vacancy created by a resignation, or otherwise, shall be filled by the city council for the remainder of the vacant term. Each business included within the improvement area shall be entitled to one vote for each position to be filled on the advisory board.

(Ord. 413 § 1 (part), 1989: prior code § 5-14-9 (part))

This chapter is to be construed liberally and, in the event any section or provision herein shall be held invalid, the remaining sections or provisions shall remain in full force and effect. However, if the provisions of this part respecting the levying of fees or charges as derived from and established by Chapter 5.04 of this code are held invalid in any area, such fees or charges established by Chapter 5.04 of this code shall be automatically reimposed in an identical amount and upon the same businesses as a matter of law and no break in the imposition of any such fee or charge shall be deemed to have occurred.

(Prior code § 5-14-11)