HomeMy WebLinkAbout6658 ORDINANCE NO. 6 6 5 8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, CREATING A NEW CHAPTER
2.98 OF THE AUBURN CITY CODE RELATED TO THE
AUBURN BUSINESS IMPROVEMENT AREA
WHEREAS, the Auburn City Council adopted Ordinance No. 4293 in 1988, after
publishing notice of the Council's intent in Resolution 1866 and holding a public hearing
on July 5, 1988; and
WHEREAS, Ordinance No. 4293 established a Business Improvement Area(BIA),
and levied special assessments on certain businesses within the geographic boundary of
the BIA; and
WHEREAS, Ordinance No. 4293 established a Committee of Rate Payers, made
up of representatives of businesses within the geographic boundary of the BIA, for the
purpose of developing recommendations to the City Council for the use of funds
generated by the special assessment; and
WHEREAS, the City Council modified Ordinance No. 4293 in 2007, upon the
recommendation of the Committee of Rate Payers, through Ordinance No. 6097, to make
the rate of special assessment uniform amongst all assessed businesses; and
WHEREAS, the Committee of Rate Payers has reviewed the status of the BIA and
recommended certain modifications to better facilitate economic development within
downtown Auburn, including the modification of existing exemptions to the special
assessments levied within the geographic boundary of the BIA; and
WHEREAS, the City adopted Resolution No. 5314, stating its intention to modify
the BIA special assessment rate on October 16, 2017 and
Ordinance No. 6658
November 6, 2017
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WHEREAS, the City has held a duly noticed public hearing, pursuant to RCW
35.87A.140, and considered the testimony provided therein; and
WHEREAS, the provisions for other boards and commissions of the City of Auburn
have been established within the Auburn City Code; and
WHEREAS, establishing provisions within the Auburn City Code for the BIA,
including the structure and responsibilities of the Committee of Rate Payers and the rate
and application of special assessments, will ensure that all applicable law can be found
within a single place, a Chapter of the City Code, instead of spread across multiple
Ordinances in multiple decades; and
WHEREAS, the City finds that updating the provisions of the BIA, including
modification of the exemptions to the special assessment rate, and establishing said
updates within the Auburn City Code will promote the public health, safety, and welfare
of the residents of Auburn.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. New Chapter to City Code. That a new Chapter 2.98 of the
Auburn City Code is created to read as follows:
CHAPTER 2.98
AUBURN BUSINESS IMPROVEMENT AREA
Sections:
2.98.010 Business Improvement Area Created.
2.98.020 Special Assessment of Businesses Within BIA Boundary.
2.98.030 Purpose of BIA and Special Assessment Expenditures.
2.98.040 Committee of Rate Payers created.
2.98.050 Membership.
2.98.060 Appointment.
2.98.070 Officers — Meetings.
Ordinance No, 6658
November 6, 2017
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2.98.080 Compensation.
2.98.090 Role and Responsibilities of the Committee.
2.98.100 Annual reports of progress.
2.98.010 Business Improvement Area Created.
A. There is created, pursuant to RCW 35.87A, a Parking and Business
Improvement Area (BIA) is hereby created with a boundary as follows:
Beginning at the intersection of Auburn Way North and 5th Street NE;
thence eastward along the alley lying between and paralleling 6th Street NE and
Park AV, for a distance of 200 feet from the centerline of Auburn Way North;thence
south, paralleling Auburn Way North and at a distance of 200 feet from the
centerline of Auburn Way North, to 1st Street NE; thence eastward along 1st Street
NE to "E" Street NE; thence southward along "E" Street NE to East Main Street;
thence eastward along Main Street to "F" Street SE; thence south-ward along "F"
Street SE to 2nd Street SE; thence westward along 2nd Street SE to the mid-block
point between "D" Street SE and Auburn Way South; thence southward to the
Burlington Northern Railroad tracks; thence westward along the Burlington
Northern Railroad tracks to "A" Street SE; thence northward along "A" Street SE
to 3rd Street SE; thence westward along 3rd Street SE and SW to the Burlington
Northern Railroad tracks; thence northward along the Burlington Northern Rail
road tracks to 1st Street SW projected; thence westward along 1st Street SW to
"D" Street SW; thence northward along "D" Street SW and NW for a distance of
200 feet from the centerline of West Main Street; thence eastward, paralleling Main
Street and at a distance of 200 feet from the centerline of West Main Street, to the
Burlington Northern Railroad tracks; thence northward along the Burlington
Northern Railroad tracks to 3rd Street NW; thence eastward along 3rd Street NW
and NE to "B" Street NE; thence northward along "B" Street NE for a distance of
200 feet from the centerline of 3rd Street NE; thence eastward, paralleling 3rd
Street NE and at a distance of 200 feet from the centerline of 3rd Street NE, to the
alley running in a north/south direction and lying east of"B" Street NE and west of
Auburn AV; thence northward along the alley to 5th Street NE; thence eastward
along 5th Street NE to Auburn Way North, which is the beginning point (when a
street or alley is named, the area boundary is the centerline of the right-of-way).
B. Businesses within the Auburn Central Business District Parking and
Business Improvement Area shall be subject to special assessments authorized
by RCW 35.87A.010.
2.98.020 Special Assessment of Businesses Within BIA Boundary.
A. To finance the activities authorized in ACC 2.98.030, there is levied
and shall be collected an annual special assessment upon the businesses in the
area, determined as follows:
1. All businesses operating within the BIA boundary shall pay a special
assessment equal to the usable square footage, excluding any basement space,
owned or occupied by said business multiplied by a factor of$0.15.
Ordinance No. 6658
November 6, 2017
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2. No business shall be assessed less than $150.00 nor more than
$1,500.00 per year.
B. No special assessments shall be levied upon or collected from:
1. Organizations to which a charitable contribution may be made under
the United States Internal Revenue Code, 26 U.S.C.§ 170, with five (5) or fewer
full-time employees.
2. Governmental agencies and offices.
3. Businesses that occupy or use any leasable area within the
geographic boundary of the BIA for a period of less than twenty days (20) per year.
4. Businesses that are owned by, or are a subsidiary, or affiliate of
another business entity that is subject to the special assessment, and are located
wholly within the assessed business.
5. Businesses authorized by Auburn City Code Chapter 18.60.
6. Businesses operating within a city-sponsored business incubator or
business accelerator.
7. Businesses not required to obtain a business license under Title 5 of
the Auburn City Code.
C. Special assessments for businesses that own, but do not occupy,
any leasable area shall be reduced by a pro-rata amount based on the square
footage leased by any other assessed business.
D. New businesses commencing within the BIA area shall pay an initial
annual assessment that is pro-rated based on the time remaining in the year.
2.98.030 Purpose of BIA and Special Assessment Expenditures.
A. The purpose of the BIA is to aid in general economic development
and neighborhood revitalization within the BIA boundary, and to facilitate the
cooperation of merchants, businesses, and residential property owners for the
benefit of trade, economic vitality, and liveability.
B. Assessment expenditures are limited to the following purposes:
1. The acquisition, construction or maintenance of parking facilities for
the benefit of the neighborhood within the BIA boundary;
2. Decoration of any place within the BIA boundary;
3. Sponsorship or promotion of public events which are to take place
on, or in, public places within the BIA boundary;
4. Furnishing of music in any public place within the BIA boundary;
5. Providing professional management, planning, and promotion for the
neighborhood within the BIA boundary;
6. Providing maintenance and security for common, public spaces
within the BIA boundary; or
7. Providing transportation services for the benefit of the neighborhood
within the BIA boundary.
Ordinance No. 6658
November 6, 2017
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2.98.040 Committee of Rate Payers created.
There is created an advisory committee to be known as the Committee of
Rate Payers (the Committee). The purpose of the Committee is to serve in an
advisory capacity to the City Council.
2.98.050 Membership.
A. There shall be not more than seven (7) members of the Committee
who shall be appointed by the mayor and confirmed by the city council, and who
shall serve at the pleasure of the city council; provided that the mayor may appoint
up to four (4) additional members to serve as alternates in the event of a
Committee member's absence.
B. The members shall be owners or operators of businesses located
within the BIA boundary and shall be selected to represent the variety of business
types and geographic locations included within the BIA boundary.
2.98.060 Appointment.
A. Committee members shall be appointed to a three (3) year term.
B. Upon the resignation of a Committee member, removal by the City
Council, or expiration of a Committee members term, the Committee shall make
recommendations to the City Council and the City Council shall make an
appointment to fill the vacancy.
C. The Committee, upon four (4) unexcused absences, may
recommend the removal of any Committee member to the City Council.
2.98.070 Officers - Meetings.
A. At the first regular meeting of each year, the Committee members
shall elect a chairperson and vice-chairperson from among the members of the
Committee.
B. It shall be the duty of the chairperson to preside over all meetings of
the Committee. The vice-chairperson shall preside at all meetings where the
chairperson is absent.
C. Minutes shall be kept and meeting agendas prepared in coordination
between members of the Committee and staff members. A majority of the
members of the Committee shall constitute a quorum for the transaction of
business, and a majority vote of those present shall be necessary to make
recommendations to the city council.
D. All Committee meetings shall be staffed by City of Auburn personnel
to support and assist the Committee.
E. All Committee meetings shall be conducted in accordance with the
Committee's adopted rules for the transaction of business, and Robert's Rules of
Order or any other meeting procedures or guidelines authorized by the City of
Auburn shall be used for any subject not addressed within the Committee's
adopted rules of procedure.
Ordinance No. 6658
November 6, 2017
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2.98.080 Compensation.
The members of the Committee shall serve without compensation except
for reasonable travel expenses associated with the performance of the Committee
member's duties.
2.98.090 Role and Responsibilities of the Committee.
A. The Committee shall, by resolution, fix the time and place within the
City for regular meetings, and hold additional meetings as the chairperson or a
majority of the Committee deems necessary.
B. The Committee shall adopt rules for the transaction of business and
keep a record of its resolutions, transactions, findings, and determinations. These
records shall be public and open to inspection.
C. The Committee shall consider proposals for economic development
and neighborhood revitalization projects and programs consistent with the
purposes listed in 2.98.030, provide for public input and submit comments in a
timely manner to the Mayor and City Council, including an analysis of the extent to
which the Committee's recommendations will improve economic development or
downtown revitalization.
2.98.100 Annual reports of progress.
The Committee chairperson and/or vice-chairperson shall annually provide
to the city council a report on progress made in carrying out the Committee's
responsibilities.Additional reports may be submitted when deemed appropriate by
the Committee or when requested by the city council.
Section 2. Superseding of Original Ordinance. Ordinance No. 4293 and
Ordinance No. 6097 are hereby superseded by this Ordinance.
Section 3. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation. The City Council further requests the Mayor to have the BIA Committee or
Ratepayers review other changes to the Ordinance, such as reviewing whether
exemptions for other businesses should be added to Chapter 2.98 of the City Code and
to bring any recommendations back to the City Council in the next few months.
Section 4. Severability. The provisions of this ordinance are declared to
be separate and severable. The invalidity of any clause, sentence, paragraph,
Ordinance No. 6658
November 6, 2017
Page 6 of 7
subdivision, section or portion of this ordinance, or the invalidity of the application thereof
to any person or circumstance shall not affect the validity of the remainder of this
ordinance, or the validity of its application to other persons or circumstances.
Section 5. Effective date. This Ordinance shall take effect and be in force
five days from and after its passage, approval and publication as provided by law.
INTRODUCED: NOV 6 2017
PASSED: NOV 6 2017
APPROVED: NOV 6 2017
CITY OF AUBURN
ATTEST:
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NANCY B S,
,Q C.A
Danielle E. Daskam, City Clerk
APP'OVED TOF•R
/ 01
Daniel B. Heid, City Attorney
Published:
Ordinance No. 6658
November 6, 2017
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