Visalia Municipal Code Ch. 5.52 Town Center Business Improvement Area

The actions taken in this chapter are pursuant to the authority of the "Parking and Business Improvement Area Law of 1965" as added to the Streets and Highways Code by Statutes 1965, Chapter 241, being Section 36000 to Section 36081 of the Streets and Highways Code. (Ord. 9517 § 1 (part), 1995: prior code § 6100)

A. The city council of the city adopted Resolution 443 October 25, 1966 entitled: "A Resolution of the City Council of the City of Visalia, California, declaring its intention to establish a Town Center Business Improvement Area."

B. A hearing was held in November 7, 1966 at seven-thirty p.m. in the council chambers of the city hall and continued until November 21, 1966 at which time Resolution 452 was passed declaring a majority protest had not been filed. (Ord. 9517 § 1 (part), 1995: prior code § 6101)

The city council established a town center business improvement area within the boundaries of the following area:

All that portion of the SW 1/4 of Sec. 29, and the SE 1/4 of Sec. 30, Township 18 South, Range 25 East, M.D.B. & M., described as follows:

Beginning at the point of intersection of the west line of Conyer Street and the north line of Oak Street, thence easterly along the north line of Oak Street to the west line of Johnson Street; thence northerly along the west line of Johnson Street to the north line of School Street; thence easterly along the north line of School Street to the east line of Santa Fe Avenue; thence southerly along the east line of Santa Fe Avenue to the south line of Mineral King Avenue; then westerly along the south line of Mineral King Avenue to its intersection with the west line of Conyer Street; thence northerly along the west line of Conyer Street to the north line of Oak Street; to the point of beginning.

(Ord. 9517 § 1 (part), 1995: prior code § 6102)

A. The initial rate of increase or the additional levy of the general business tax imposed upon business within said area are fixed, levied, determined and established as one hundred percent (100%) of the business tax.

B. Those entities covered under Article 2 of Chapter 5.04 are exempt from the provisions of this section. (Ord. 9517 § 1 (part), 1995: prior code § 6103)

The definitions and classifications of businesses referred to in this chapter shall be determined by the definitions and classifications as set forth in Chapter 5.04. (Ord. 9517 § 1 (part), 1995: prior code § 6104)

The businesses in the area established by this chapter shall be subject to the provisions of the additional tax provided by this chapter. (Ord. 9517 § 1 (part), 1995: prior code § 6105)

The proposed uses to which the proceeds obtained from the additional tax on the businesses within said area may be put, are:

A. The acquisitions, construction and maintenance of parking facilities 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 retail trade activities in the area. (Ord. 9517 § 1 (part), 1995: prior code § 6106)

The collection of said additional tax from any business in said area shall be made at the same time and in the same manner as any other business tax is collected. (Ord. 9517 § 1 (part), 1995: prior code § 6107)

For the sole purpose of advising the council and making recommendations on the operation and extent of the area, the methods and ways in which the revenue derived from the additional levy of business tax imposed by this chapter shall be used within the scope of the purposes set forth in Section 5.52.070, and to have and to be created an advisory board which may consist of fifteen (15) members to be appointed by the mayor with the concurrence of the city council for a term of one year, to serve at the pleasure of the mayor and city council; said members to be individuals who have businesses within the area and pay an additional levy of business tax as provided by this chapter. The council may annually approve a budget to include an estimate of expenditures to be made to carry out the purposes of the town center business improvement area. (Ord. 9517 § 1 (part), 1995: prior code § 6108)

Any entity, individual, business, or institution which is exempt from the payment of business tax in the city by reason of the provision of the United States of America or of the state of California, or whose place of business is outside the area, is not taxed under this proceeding, may make a voluntary contribution to the town center business improvement area. (Ord. 9517 § 1 (part), 1995: prior code § 6109)

The delinquency penalty and interest assessed on said additional tax shall be calculated at the same time and in the same manner as any other business tax, as set forth in this title. (Ord. 9517 § 1 (part), 1995: prior code § 6110)