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HomeMy WebLinkAbout4293 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 181 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE NO. 4 2 9 3 AN ORDINANCE ESTABLISHING AN AUBURN CENTRAL BUSINESS DISTRICT PARKING AND BUSINESS IMPROVEMENT AREA; PROVIDING FOR THE LEVY OF SPECIAL ASSESSMENTS UPON BUSINESSES WITHIN THE AREA, THE DEPOSIT OF REVENUES IN A SPECIAL FUND, AND EXPENDITURES THEREFROM: PROVIDING FOR AN IMPLEMENTING AGREEMENT. WHEREAS, the BIA Advisory Committee, a group of business people, has worked for two years to identify solutions to problems that affect the viability of businesses in Auburn's central business district, resulting in the recommen- dation to establish a Parking and Business Improvement Area (hereinafter referred to as "the BIA"); and WHEREAS, the purpose of the BIA is to aid development of the central busi- ness district and facilitate merchant and business cooperation to improve trade; and WHEREAS, the owners and/or operators of businesses subject to sixty percent or more of the special assessments levied by this ordinance filed a petition with the City of Auburn (called "the City") to establish a BIA pursuant to RCW Chapter 35.87A, which is filed in C.F. 292469, and pursuant thereto, the City Council adopted a Resolution, entitled "Declaring an intention to establish an Auburn Central Business District Parking and Business Improvement Area; and fixing a date and place for a hearing thereon."; and WHEREAS, as provided by Resolution 1866 (published in the Auburn Globe News, June 24, 1988), the City Council held a public hearing thereon on July 5, 1988 at 7:30 p.m. in the City Council Chambers, Auburn City Hall, 25 West Main, Auburn. At the conclusion of the hearing, the City Council voted to establish the area as proposed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO J ORDAIN AS FOLLOWS: ----------------------- Ordinance No. 4293 Page One 6/29/881 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 241 25 26 27 28 29 30 31 32 Section 1. District Established. As authorized by RCW Chapter 35.87A, there is hereby established an Auburn Central Business District Parking and Business Improvement Area within the boundaries described below and as shown on the map attached as "Exhibit A" (when a street or alley is named, the area boundary is the centerline of the right-of-way): Beginning at the intersection of Auburn Way North and 5th Street NE; thence eastward along the alley lying between and paralleling 6th Street HE and Park AV, for a distance, of 200 ft from the centerline of Auburn Way North; thence south, paralleling Auburn Way North and at a distance of 200 ft from the centerline of Auburn Way North, to 1st Street NE; thence eastward along 1st Street HE 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 Railroad 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 ft from the centerline of West Main Street; thence eastward, paralleling Main Street and at a distance of 200 ft from the centerline of West Main Street, to the Burlington Northern Railroad tracks; thence northward along ------------------- Ordinance No. 4293 Page Two 6/29/88 i 1 the Burlington Northern Railroad tracks to 3rd Street NW; 2 thence eastward along 3rd Street NW and NE to "B" Street NE; 3 thence northward along "B" Street NE for a distance of 200 4 ft from the centerline of 3rd Street NE; thence eastward, 5 paralleling 3rd Street NE and at a distance of 200 feet from 6 the centerline of 3rd Street NE, to the alley running in a 7 north/south direction and lying east of "B" Street NE and 8 west of Auburn AV; thence northward along the alley to 5th 9 Street NE; thence eastward along 5th Street NE to Auburn Way 10 North, which is the beginning point. 11 12 Businesses within the Auburn Central Business District Parking and Business 13 Improvement Area shall be subject to special assessments authorized by RCW 14 35.87A.010. 15 Section 2. Special Assessments. To finance the activities authorized in 16 Section 3, there is levied and shall be collected a special assessment upon 17 the businesses in the area, determined as follows: 18 A. Any Retail business operating within the area, as determined by the 19 Planning Director of the City of Auburn, shall pay a special 20 assessment equal to the net leasable area of the business, excluding 21 any basement space, multiplied by a factor of $0.15. No retail busi- 22 ness shall be assessed more than $1,500.00 nor less than $150.00 per 23 year. As determined by the Planning Director, a retail business 24 shall be defined as any business which is engaged in selling merchan- 25 dise for personal or household consumption and rendering services 26 incidental to the sale of the goods (businesses that sell products 27 only to institutional or industrial users and to other wholesalers, 28 and businesses that sell merchandise for use exclusively by business 29 establishments, are classified as wholesale businesses). Businesses 30 ---------------------- 31 Ordinance No. 4293 Page Three 32 6/29/88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I- I 8 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 included in this category are generally similar to businesses classified as retail under the most recent edition of the U.S. Standard Industrial Classification Manual (SIC codes 52-59). B. Any Service business operating within the area, as determined by the Planning Director of the City of Auburn, shall pay a special assessment equal to the net leasable area of the business, excluding any basement space, multiplied by a factor of $0.05. No service business shall be assessed more than $1,200.00 nor less than $50.00 per year. As determined by the Planning Director, a service business shall be defined as any business which is engaged in providing a ser- vice for individuals, business and government establishments, and other organizations. This category includes (but is not limited to) hotels and lodging places; establishments providing personal, busi- ness, repair, and amusement services; health, legal, engineering, and other professional services; educational institutions; membership organizations; and establishments providing finance, insurance, and real estate services. Businesses included in this category are generally similar to those classified as service; finance, insurance, and real estate; or certain transportation and utility businesses under the most recent edition of the U.S. Standard Industrial Classification Manual (SIC codes 41, 47, 48, 49, 60-89). C. A business which can demonstrate to the Planning Director of the City of Auburn that there is approximately a 50% split (plus or minus 10%) between the square footage devoted to the retail versus service acti- vities of that business, shall be eligible for a special Combined Assessment Rate which is the average of the retail and service assessment rates detailed in A and B above. Such a request for a Combined Assessment Rate must be filed with the Planning Director of the City of Auburn at least five (5) working days prior to the date ------------- Ordinance No.(4392; Page Four 6129188 I II 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 that the assessment is due to be paid to the City. Said request must be made each year that the business wishes to be assessed at the Combined Assessment Rate. The business which is determined by the Auburn Planning Director to qualify for such Combined Assessment Rate shall pay a special assessment equal to the net leasable area of the business, excluding any basement space, multiplied by the Combined Assessment Rate. No special assessments shall be levied upon and collected from: (1) Organizations to which a charitable contribution may be made under the United States Internal Revenue Code, 26 USC S 170(c); (2) Sponsors of and concessionaires at public events, and vendors or entertainers in streets and parks, who engage in business in the area less than 30 days per year; (3) Governmental agencies and offices. (4) Wholesale or industrial businesses. A new business entering the BIA shall pay an initial assessment that is pro-rated based on the time remaining in the current BIA budget year. Thereafter the assessment shall be the same as for other businesses in the BIA. Section 3. Deposit and Use of Revenues. There is hereby established in the city Treasury a separate Fund, designated the Business Improvement Area Fund (called "the Fund"). The following monies shall be deposited in the Fund for the Auburn Central Business District Parking and Business Improvement Area account: a. All revenues from special assessments levied under thus ordinance; b All net income to the BIA from public events financed with special assessments; C. Gifts and donations for the Fund; and ------------ - Ordinance No. 4293 Page Five 6/29/88 11 21 31 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 d. Interest and all other income from the investment of Fund cash balances. Expenditures from the Fund shall be made upon vouchers drawn by the Finance Director for uses within the general scope of: (1) Business retention and recruitment; (2) Marketing to encourage people to use shops and services in the BIA area; (3) Special events and promotions; (4) Improving the security and maintenance of the pedestrian environment; (5) Enhancing the aesthetic appearance of the BIA area. Section 4. Administration. The Director of the Planning and community Development Department (called "the Planning Director") shall enter into a contract with the Auburn Chamber of Commerce or similar business association to administer the operation of the BIA. The Committee of Rate Payers shall have the opportunity to review and comment on the contract before it is approved by the City. If no such organization is willing or available to administer the BIA, the City may be the administrator. The Planning Director shall initially contract with the Auburn Chamber of Commerce to administer the projects and activities undertaken by the BIA. The contract shall be renewed annually, at the option of both the City and the Auburn Chamber of Commerce. An annual report detailing the projects and activities conducted during the previous year, an evaluation of program successes and shortcomings, and the proposed programs and budget for the ensuing year shall be submitted to the Planning Director on or before June 1st of each year. The annual report and budget shall be initially prepared by the contractor. The annual report and budget must be reviewed and approved by the Committee of Rate Payers prior to their being submitted by the Committee to the Planning Director. The Committee of Rate Payers shall also submit a report containing an evaluation by the Committee on the performance of the contractor during the previous year. ------------------ Ordinance No. 4293 Page Six 6/29/88 1 2 3 4 5 6 7 8 9I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 The Planning Director shall prepare a report to the Mayor for recommen- dation to the City Council. The report shall include the annual report and budget submitted by the Committee of Rate Payers and any comments thereon by the Planning Director. The Planning Director shall obtain the approval of the established Committee of Rate Payers if the Planning Director recommends any changes in assessment rates or district boundaries for the BIA. The Planning Director shall then arrange for a public hearing before the City Council and publish notice. Upon conclusion of the public hearing, the City Council shall consider for approval the BIA budget for the ensuing year. Section 5. Committee of Rate Payers. The City shall appoint a Committee of Rate Payers (called "the Committee"), comprised of 11 persons, who are owners or operators of businesses located within the business improvement area and whose businesses will be subject to assessments as provided for in this ordinance. The membership of the Committee of Rate Payers shall be selected to represent the variety of business types and geographic locations included in the business improvement area. The Committee shall elect one of its mem- bers to serve as chairman for a one year term. The 11 members of the Committee shall be initially appointed as follows; three (3) to one-year terms, four (4) to two-year terms, and four (4) to three-year terms. After these initial terms, all subsequent Committee member terms sha'Il run for a period of three (3) years. Upon resignation of a Committee member, removal of a Committee member from the Committee, or expiration of a Commtittee member's term, the BIA Rate Payers shall make recommendations to the City which shall make an appointment to fill the expired or unexpired term. The Committee of Rate Payers, upon an affirmative vote of 2/3 of the Committee members, may request that the City remove a Committee member from the Committee. --------------------- Ordinance No. 4293 Page Seven 6/29/88 1 II 2 3 4 5 6 7 8 9, 10 11 12 13 14 15 Ili 16 17 18 19 20 21 22 23. 24 25 26 27 28 29 30 31 32 Section 6. Collection of Special Assessments. The City of Auburn Department of Finance (called "the Finance Department") shall bill and receive the special assessments due. The Finance Department is authorized to bring an action to collect any unpaid assessments in the proper court as a civil action. Section 7. Interest on Delinquent Assessments. Delinquent special assessments shall bear interest at the rate of 12 percent (12%) per annum. Assessments thereof when delinquent, in addition to such interest, shall accrue penalties of 12%. Section 8. Commencement of Assessments. Assessments shall commence as of the date of adoption of this ordinance. Section 9. Ratification. The execution of a contract with the Auburn Chamber of Commerce to inaugurate the program and administer the projects and activities during the initial implementation period pursuant to the authority and prior to the effective date of this ordinance is hereby ratified and confirmed. Section 10. Contract Authorization. The Mayor shall be authorized by separate Resolution approved by City Council to execute a contract to admi- nister the operation of the BIA. Section 11. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. ---------------- ---- Ordinance No. 4293 Page Eight 6/29/88 1 Section 12. Effective Date of Ordinance. This Ordinance shall take effect 2 and be in force five (5) days from and after its passage, approval and publi- 3 cation, as provided by law. 4 5 INTRODUCED: JULY 5, 1988 6 7 PASSED: JULY 5, 1988 8 APPROVED: JULY 5,1988 9 10 11 12 13 14 ATTEST: 15 16 a& 1aJ & 17 Robin Wohlhue er, City C erk 18 19 APPROVED AS TO FORM: 20 2 M r-- 22 2 Marg ?te Sc elSc el entrage r°, City Attorney 23 24 25 26 PUBLISHED: X988 27 28 29 30 -------------------- 31 Ordinance No. 4293 Page Nine of Nine 32 6/29/88 EXHIBIT "A" ;-TN ST. N-W ----------- ' ar- I V 97 ? 4 Irv IT. TIM ST. ME is 'CITY ? PARK 2 ST. HE Y-\ TT STN f IT ME T • ?zi I . SIM S / ' - _ ll • • • • RARM AVP i II II J T • t I 11 G = ,• = , I .5 • 3 rn ii .o•.A. I s II E I A n . . o P • _ S e N I 1? !-? • v ATH Si. s a • . ? 1R s N R Mf• Al•lr •I•I '? .... • ?x4? . I P..a HAM ST F fillilffiflam r I ?. 'low I -1 I i . LkES&LIM GTR ENO , n I • f u i G CR •? O AUBURN "low SCHOOL N WASHINGTON LIEN. SON. j rnTINmm .JA•f- l?- ATM ITf ADOI • TH _•_? 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