Tulare Municipal Code Ch. 8.48 Parking and Business Improvement Area

There is hereby created and established a Parking and Business Improvement Area of the City of Tulare, hereinafter for brevity and convenience referred to as “Area.”

(1995 Code, § 8.48.010) (Ord. 12-07, passed 6-5-2012; Ord. 10-11, passed 4-6-2010; Ord. 07-12, passed 7-17-2007)

The description of the boundaries of the proposed Area is as follows:

All that certain area situated in the City of Tulare, County of Tulare, State of California, more particularly described as follows: Beginning at a point on the Southern Pacific mainline approximately 600 feet north of centerline of Cross Avenue; thence southeasterly approximately 2,325 feet to the centerline of “O” Street; thence southerly along the centerline of “O” Street approximately 4,800 feet to the centerline of Alpine Avenue; thence westerly along the centerline of Alpine Avenue approximately 2,150 feet to a point on the Southern Pacific mainline approximately 1,500 feet south of the centerline of Inyo Avenue; thence northerly along the Southern Pacific mainline approximately 5,000 feet to the point of beginning.

(1995 Code, § 8.48.020) (Ord. 12-07, passed 6-5-2012; Ord. 10-11, passed 4-6-2010; Ord. 07-12, passed 7-17-2007)

There is hereby created and established within said Area, two benefit zones designated as Benefit Zone A and Benefit Zone B.

(1995 Code, § 8.48.030) (Ord. 12-07, passed 6-5-2012; Ord. 10-11, passed 4-6-2010; Ord. 07-12, passed 7-17-2007)

The description of the boundaries of proposed Benefit Zone A within said Area is as follows:

All that certain area situated in the City of Tulare, County of Tulare, State of California, more particularly described as follows: Beginning at a point on the Southern Pacific mainline approximately 600 feet north of the centerline of Cross Avenue; thence southeasterly approximately 1,560 feet to the centerline of “M” Street; thence southerly along the centerline of “M” Street approximately 1,900 feet to the centerline of King Avenue; thence easterly along the centerline of King Avenue approximately 800 feet to the centerline of “O” Street; thence southerly along the centerline of “O” Street approximately 1,000 feet to the centerline of Kern Avenue; thence westerly along the centerline of Kern Avenue approximately 1,200 feet to the centerline of “L” Street; thence southerly along the centerline of “L” Street approximately 480 feet to the centerline of Inyo Avenue; thence westerly along the centerline of Inyo Avenue approximately 825 feet to the centerline of “J” Street; thence northerly along the centerline of “J” Street approximately 480 feet to the centerline of Kern Avenue; thence westerly along the centerline of Kern Avenue approximately 280 feet to the Southern Pacific mainline; thence northerly along the Southern Pacific mainline approximately 3,060 feet to the point of beginning.

(1995 Code, § 8.48.040) (Ord. 12-07, passed 6-5-2012; Ord. 10-11, passed 4-6-2010; Ord. 07-12, passed 7-17-2007)

The description of the boundaries of proposed Benefit Zone B within said Area is as follows:

All that certain area situated in the City of Tulare, County of Tulare, State of California, more particularly described as follows: All that area within the Parking and Business Improvement Area not included in Benefit Zone A.

(1995 Code, § 8.48.050) (Ord. 12-07, passed 6-5-2012; Ord. 10-11, passed 4-6-2010; Ord. 07-12, passed 7-17-2007)

There is hereby fixed, levied, determined and established a system of assessments and charges upon all businesses, located within the Area, which are required to obtain and maintain Tulare City business licenses, as follows:

(A) Within Benefit Zone A, each business shall pay assessments and charges in an amount equal to 100% of the amount said business entity is required to pay to the City of Tulare for a business license for said business; effective January 1, 2008 the assessment shall be 125%, effective July 1, 2008 the assessment shall be 150%, effective July 1, 2009 the assessment shall be 175%.

(B) Within Benefit Zone B, each business shall pay assessments and charges in an amount equal to 50% of the amount said business entity is required to pay to the City of Tulare for a business license for said business; effective January 1, 2008 the assessment shall be 62.5%, effective July 1, 2008 the assessment shall be 75%, effective July 1, 2009 the assessment shall be 87.5%.

(C) For purposes of computing the assessments and charges as set forth in divisions (A) and (B) hereinabove, the amount a business entity is required to pay the City of Tulare for a business license for said business shall not include any fee which is levied because said business owns or operates on the premises, an arcade and/or one or more music machines, billiard or pool tables, and/or amusements machines; provided that the operation of such an arcade, and/or such machines, does not constitute the primary business activity of said business entity at said location. (Ord. 1534, 09-15-87)

(D) There is further hereby fixed, levied, determined and established a system of assessments and charges upon all those business enterprises located within the Area, which are not required to obtain and maintain Tulare City business licenses, as follows:

(1) (a) Within Benefit Zone A, each business shall pay assessments and charges in an amount based on the number of employees at the rate of $15 per employee, with a minimum semi-annual assessment of $100 and with a maximum semi-annual assessment of $500.

(b) Effective January 1, 2008 each business shall pay assessments and charges in an amount based on the number of employees at the rate of $18.75 per employee, with a minimum semi-annual assessment of $125 and with a maximum semiannual assessment of $625.

(c) Effective July 1, 2008 each business shall pay assessments and charges in an amount based on the number of employees at the rate of $22.50 per employee, with a minimum semi-annual assessment of $150 and with a maximum semi-annual assessment of $750.

(d) Effective July 1, 2009 each business shall pay assessments and charges in an amount based on the number of employees at the rate of $26.25 per employee, with a minimum semi-annual assessment of $175 and with a maximum semi-annual assessment of $875.

(e) Effective July 1, 2012 each business shall pay assessments and charges in an amount based on the number of employees at the rate of $30 per employee, with a minimum semiannual assessment of $200 and with a maximum semi-annual assessment of $1,000.

(2) (a) Within Benefit Zone B, each business shall pay assessments and charges in an amount based on the number of employees at the rate of $7.50 per employee, with a minimum semi-annual assessment of $50 and with a maximum semi-annual assessment of $250.

(b) Effective January 1, 2008: Within Benefit Zone B, each business shall pay assessments and charges in an amount based on the number of employees at the rate of $9.37 per employee, with a minimum semi-annual assessment of $62.50 and with a maximum semi-annual assessment of $312.50.

(c) Effective July 1, 2008: Within Benefit Zone B, each business shall pay assessments and charges in an amount based on the number of employees at the rate of $11.25 per employee, with a minimum semi-annual assessment of $78.12 and with a maximum semi-annual assessment of $390.62.

(d) Effective July 1, 2009: Within Benefit Zone B, each business shall pay assessments and charges in an amount based on the number of employees at the rate of $14.06 per employee, with a minimum semi-annual assessment of $97.65 and with a maximum semi-annual assessment of $488.27.

(e) Effective July 1, 2012: Within Benefit Zone B, each business shall pay assessments and charges in an amount based on the number of employees at the rate of $17.57 per employee, with a minimum semi-annual assessment of $122.06 and with a maximum semi-annual assessment of $610.33.

(3) For purposes of computing the assessment and charges as set forth in divisions (D)(1) and (D)(2) hereinabove, the number of employees shall be determined as those employees who are employed for at least 20 hours per week.

(4) It is expressly found and determined that this assessment approximately equates said businesses with those businesses within the benefit zones which do pay business license taxes, for purposes of assessments under this chapter.

(5) Such assessments on business enterprises shall be levied at the same time as the city levies business license tax.

(1995 Code, § 8.48.060) (Ord. 12-07, passed 6-5-2012; Ord. 10-11, passed 4-6-2010; Ord. 07-12, passed 7-17-2007; Ord. 1604, passed 7-17-1990)

The revenues generated from the collection of the assessments and charges herein may be utilized within the Area, as determined by the City Council, for any of the following purposes:

(A) Acquisition, construction, installation or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following:

(1) Parking facilities.

(2) Benches.

(3) Trash receptacles.

(4) Street lighting.

(5) Decorations.

(6) Parks.

(7) Fountains.

(B) Promotion of activities, including, but not limited to, the following:

(1) Promotion of public events which benefit businesses in the area and which take place on or in public places within the Area.

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

(3) Activities which benefit businesses located and operating in the Area.

(1995 Code, § 8.48.070) (Ord. 12-07, passed 6-5-2012; Ord. 10-11, passed 4-6-2010; Ord. 07-12, passed 7-17-2007; Ord. 1604, passed 7-17-1990)

(A) The Advisory Board shall cause to be prepared a report for each fiscal year for which assessments are to be levied and collected to pay the cost of the improvements and activities described in the report. The report may propose changes, including, but not limited to, the boundaries of the Parking and Business Improvement Area or any benefit zones within the Area, the basis and method of levying the assessments, and any changes in the classification of businesses, if a classification is used.

(B) The report shall be filed with the Clerk and shall refer to the Parking and Business Area by name, specify the fiscal year to which the report applies, and with respect to that fiscal year shall contain the following:

(1) Any proposed changes in the boundaries of the Parking and Business Improvement Area or in any benefit zones within the Area;

(2) The improvements and activities to be provided for that fiscal year;

(3) An estimate of the cost of providing the improvements and activities for that fiscal year;

(4) The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year;

(5) The amount of any surplus or deficit revenues to be carried over from a previous fiscal year; and

(6) The amount of any contribution to be made from sources other than assessments levied pursuant to this part.

(C) The Council may approve the report as filed by the Advisory Board or may modify any portion contained therein and approve it as modified. The City Council shall not approve a change in the basis and method of levying assessments which would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments. After the approval of the report, the City Council shall adopt a resolution of intention to levy an annual assessment for that fiscal year. The resolution of intention shall do all of the following:

(1) Declare the intention of the City Council to change the boundaries of the Parking and Business Improvement Area, or in any benefit zone within the Area, if the report filed proposes a change;

(2) Declare the intention of the City Council to levy and collect assessments within the Parking and Business Improvement Area for the fiscal year stated in the resolution;

(3) Generally describe the proposed improvements and activities authorized by the ordinance establishing the Parking and Business Improvement Area and any substantial changes proposed to be made to the improvements and activities;

(4) Refer to the Parking and Business Improvement Area by name and indicate the location of the area;

(5) Refer to the report on file with the Clerk for a full and detailed description of the improvements and activities to be provided for that fiscal year, the boundaries of the Area and any benefit zones within the Area, and the proposed assessments to be levied upon the businesses within the Area for that fiscal year;

(6) Fix a time and place for a public hearing to be held by the City Council on the levy of the proposed assessments for that fiscal year. The public hearing shall be held not less than ten days from the adoption of the resolution of intention; and

(7) State that at the public hearing, a written or oral protest may be made.

(D) The Clerk shall give notice of the public hearing by causing the resolution of intention to be published once in a newspaper of general circulation in the city not less than seven days before the public hearing.

(1995 Code, § 8.48.080) (Ord. 12-07, passed 6-5-2012; Ord. 10-11, passed 4-6-2010; Ord. 07-12, passed 7-17-2007; Ord. 1604, passed 7-17-1990)

The City Council shall appoint an Advisory Board which shall make a recommendation to the City Council on the expenditure of revenues derived from the levy of assessments, on the classification of businesses, as applicable, and on the method and basis of levying the assessments. The City Council may designate existing advisory boards or commissions to serve as the Advisory Board for the Area or may create a new Advisory Board for that purpose. The City Council may limit the membership of the Advisory Board to persons paying the assessments.

(1995 Code, § 8.48.090) (Ord. 12-07, passed 6-5-2012; Ord. 10-11, passed 4-6-2010; Ord. 07-12, passed 7-17-2007; Ord. 1604, passed 7-17-1990)

The collection, from businesses within the Area, of the assessments and charges imposed by this chapter shall be made at the same time and in the same manner as the city collects its business license tax from said businesses pursuant to the applicable provisions of the Tulare City Code.

(1995 Code, § 8.48.100) (Ord. 12-07, passed 6-5-2012; Ord. 10-11, passed 4-6-2010; Ord. 07-12, passed 7-17-2007)

It shall be the duty of the Director of Finance and his or her deputies to collect all assessments and charges levied pursuant to this chapter. All assessments and charges required to be paid under the provisions of this chapter shall be deemed a debt owed by the business to the city. Any business, and the owners thereof, owing money to the city under the provisions of this chapter shall be liable to an action brought in the name of the city for the recovery of such amount.

(1995 Code, § 8.48.110) (Ord. 12-07, passed 6-5-2012; Ord. 10-11, passed 4-6-2010; Ord. 07-12, passed 7-17-2007)

It shall be unlawful for any business entity, and all owners thereof, to violate any of the provisions of this chapter. Any such violation of the provisions of this chapter shall be punished pursuant to the penalty provisions of Chapter 1.12 of this code.

(1995 Code, § 8.48.120) (Ord. 12-07, passed 6-5-2012; Ord. 10-11, passed 4-6-2010; Ord. 07-12, passed 7-17-2007)

This chapter is intended to be construed liberally and, in the event any section or part of any section thereof should be held invalid, the remaining provisions shall remain in full force and effect.

(1995 Code, § 8.48.130) (Ord. 12-07, passed 6-5-2012; Ord. 10-11, passed 4-6-2010; Ord. 07-12, passed 7-17-2007)