Chapter 5.10 CAPITOLA VILLAGE AND WHARF BUSINESS IMPROVEMENT AREA

Chapter 5.10
CAPITOLA VILLAGE AND WHARF BUSINESS IMPROVEMENT AREA

Sections:

5.10.020 Capitola Village and Wharf business improvement area.

5.10.040 Time and place of public hearing/protests.

5.10.050 Business improvement assessments.

5.10.010 Statement of purpose.

This chapter is adopted pursuant to the Parking and Business Improvement Area Law of 1989, California Streets and Highways Code Section 36500 et seq. This chapter is adopted in order to generate revenue for the exclusive purpose of promoting business in the Capitola Village and Wharf business improvement area. Revenue generated from the levy of assessments provided for in this chapter shall be used within the Capitola Village and Wharf business improvement area only and shall not be used to provide improvements or activities outside said business improvement area or for any purpose other than the purposes specified in the resolution of intention, or as may be modified by the city council at the public hearing concerning the establishment of said business improvement area. In adopting this chapter, the city council hereby finds that the businesses and the property within the Capitola Village and Wharf business improvement area will be benefited by the improvements and activities funded by the assessments hereby levied and that all businesses benefited by the levy of said assessments will likewise be benefited from the tourist visits generated by the improvements and activities funded by said assessments. (Ord. 1003 § 1 (part), 2015: Ord. 889 § 1, 2005)

5.10.020 Capitola Village and Wharf business improvement area.

There is hereby established a business improvement area designated as the Capitola Village and Wharf business improvement area within the area bounded as identified by the map attached to the ordinance codified in this chapter and identified as Exhibit A. (Ord. 1003 § 1 (part), 2015: Ord. 889 § 1, 2005)

5.10.030 Resolution of intention.

The assessment method and rates to levy business improvement assessments for each fiscal year are set in accordance with all applicable laws, procedures and noticing requirements in a “resolution of intention of the city council of the city of Capitola to initiate proceedings for the establishment of the Capitola Village and Wharf business improvement area pursuant to the Parking and Business Improvement Area Law of 1989 in order to levy assessments for improvements and activities for the benefit of businesses located in the Capitola Village and Wharf area of the city of Capitola,” adopted annually. (Ord. 1003 § 1 (part), 2015: Ord. 889 § 1, 2005)

5.10.040 Time and place of public hearing/
protests.

A duly noticed and agendized public hearing concerning the establishment of the Capitola Village and Wharf business improvement area was conducted in accordance with all applicable laws and procedures by the Capitola city council at its regularly scheduled June 9, 2005, city council meeting. At said meeting, the city council heard and considered all oral and written protests concerning the establishment of the business improvement area, the extent of the business improvement area, and the specified types and activities and improvements within the business improvement area. Upon completion of the public hearing, the city council determined that protests received from the owners of businesses in the proposed business improvement area had not been received from the owners of businesses in said proposed business improvement area who will pay fifty percent or more of the assessments to be levied and that, accordingly, the submission of written and oral protests did not bar the city council’s formation of the Capitola Village and Wharf business improvement area. (Ord. 1003 § 1 (part), 2015: Ord. 889 § 1, 2005)

5.10.050 Business improvement assessments.

An annual assessment, which shall be in addition to any general business license tax of the city of Capitola, shall be imposed upon all businesses in the Capitola Village and Wharf business improvement area, in accordance with the assessment method identified in this section. The business improvement area does not contain separate benefit zones. Business improvement assessments are based on the degree of benefit derived by said businesses. The assessments shall be levied to pay for all improvements and activities within the business improvement area. The businesses subject to business improvement area assessments pursuant to this chapter are subject to any amendments that may hereafter be made to this chapter or to the Parking and Business Improvement Area Law of 1989, California Streets and Highways Code Section 36500 et seq. The method and basis for levying assessments in the business improvement area, and the business classification structure for the levy of said assessments, is as set forth in the resolution of intention. The assessment rate shall be as adopted by the city council by resolution. The initial assessment rate is as identified in the resolution of intention as may be modified by the public hearing concerning the establishment of said business improvement area. The time and manner of collecting assessments shall be as determined by the city manager except that it is hereby established that, for all but the initial assessment, assessments are due annually pursuant to the specific invoices. (Ord. 1003 § 1 (part), 2015: Ord. 889 § 1, 2005)