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Home My WebLink About1996-032 Parking & Business Improvement ti ORDINANCE NO. 96- 32 AN ORDINANCE of the City of Yakima, Washington, establishing a parking and business improvement area in downtown Yakima, and establishing special assessments for certain uses and projects within such parking and business improvement area as provided herein. WHEREAS, the City Council (the "Council ") of the City of Yakima, Washington (the "City "), adopted Resolution No R -96 -52 on April 16, 1996, initiating the formation of a parking and business improvement area in downtown Yakima in accordance with RCW 35 87A.030; and WHEREAS, the Council adopted Resolution No R -96 -53 on April 16, 1996, declaring the City's intent to form a parking and business improvement area in downtown Yakima in accordance with RCW 35 87A.040; and WHEREAS, a public hearing concerning the formation of such parking and business improvement area was held on May 7, 1996, • NOW, THEREFORE, THE CITY OF YAKIMA, WASHINGTON, DO ORDAIN, as follows Section 1 The City of Yakima, Washington (the "City "), hereby establishes a parking and business improvement area ( "PBIA ") in downtown Yakima, as provided under Chapter 35 87A RCW, for the purpose of assisting trade, economic viability and liveability within the area. The boundanes of the PBIA are set forth on Exhibit A attached hereto and by this reference incorporated herein. Section 2 The uses and projects to which special assessments levied within the PBIA shall be put are set forth on Exhibit B attached hereto and by this reference incorporated herein. The special assessments shall be applied among the various uses and projects set forth on Exhibit B so as to accomplish, as nearly as may be, all such uses and projects within the estimated budget set forth in Section 4 hereof. If the City determines in consultation with the Downtown Area Redevelopment Committee ( "DARC ") that it has become impractical or undesirable to accomplish any of such uses or projects by reason of increased costs, changed conditions or needs, alternative uses or projects may be substituted, provided, however, that such alternative uses or projects 410 must include any onne or more of the following: (a) The acquisition, construction or maintenance of parking facilities for the benefit of the area, (b) Decoration of any public place in the area, (c) Promotion of public events that are to take place on or in public places in the area, (d) Furnishing of music in any public place in the area, (e) Providing professional management, planning and promotion for the area, including the management and promotion of retail trade activities in the area, (f) Providing maintenance and security for common, public areas, and (g) Any other purposes that may hereafter be permitted under Chap 35 87A RCW, as amended, or its successor statute, if any; . , and provided further that the City in consultation with DARC may not substitute any such 0 alternative use or project for those set forth on Exhibit B if, within 30 days of the City's mailing notice of such proposed subsitution to all businesses within the PBIA subject to assessments, objections in wnting are received from operators of businesses that would be required to pay m more than fifty percent of the proposed special assessments within such PBIA. All such uses and projects are supplemental to regular street maintenance provided by the City and shall not displace any services regularly provided by the City Section 3 Special assessments shall be levied against all businesses within the PBIA to provide funds necessary for the purposes set forth in Section 2, which special assessments shall levied upon the following classes of business and at the following rates No of Business Assessment Rate Employees* Classification Per Employee 1 - 5 Retail $ 20 00 6 and over Retail 40 00 1 - 5 Service 10 00 6 and over Service 20 00 0 -2- • • *An employee is defined as any person or combination of persons whose total working hours equal 40 hours per week, i.e., total hours worked by all personnel (including management) in the previous calendar year divided by 52 weeks (average working hours per week) and divided by 40 hours equals average number of employees. Fractions of employees 5 or greater will be rounded up to the next whole number Section 4 The total estimated annual cost for the improvements set forth in Exhibit B is $60,000 Section 5 The special assessments described herein shall be levied every year for six years from the date of this ordinance, and then terminated. The City may then elect to reform such PBIA in accordance with the procedures for forming a new PBIA established by Chapter 35 87A RCW or a successor statute, if any Section 6 The appropriate City officers, agents and representatives are hereby authonzed and directed to do everything necessary for the formation of the PBIA and the levy of the special assessments authonzed by this ordinance. All actions heretofore taken by City • officers, agents and representatives consistent with the terms and purposes of this ordinance are hereby ratified, confirmed and approved. Section 7 If any one or more of the provisions of this ordinance shall be declared by any court of competent junsdiction to be contrary to law, then such provision or provisions shall be null and void and shall be deemed separable from the remaining provisions of this ordinance and shall in no way affect the validity of the other provisions of this ordinance. Section 8 This ordinance shall become effective from and after its passage and publication m accordance with law • -3- • PASSED by the City Council of the City of Yakima, Washington, at a regular meeting thereof held this 7th day of May, 1996 Lynn Buchanan, Mayor ATTEST City Clerk J: 0O1125738-00.024\DAR COrd. DOC Publication date 5 -1 -`l!o Effective date 4 - /O -y _ -4- ey Exhibit B The current Yakima Downtown Association Parking and Business Improvement Area ordinance allows for the following activities (a) The acquisition, construction or maintenance of parking facilities for the benefit of the area, (b) Decoration of any public place in the area, (c) Promotion of public events that are to take place on or in public places in the area, (d) Furnishing of music in any public place in the area, (e) Providing professional management, planning and promotion for the area, including the management and promotion of retail trade activities in the area, (f) Providing maintenance and security for common, public area, and (g) Any other purposes that may hereafter be permitted under Chapter • 35.87A RCW, as amended, or its successor statute, if any, ." b - e BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT • Item No For Meeting Of May 7. 1996, ITEM TITLE: Public Hearing to consider the reformation of Parking and Business Improvement Area No 1 (commonly known as he DARC area) SUBMITTED BY Glenn J Valenzuela, Director Community and Economic Develop, C Camron Parker • Community and Economic Development CONTACT PERSON/TELEPHONE C Camron Parker Community and Economic Development 575 -6113 SUMMARY EXPLANATION At the regularly scheduled meeting of April 16, 1996, the City Council passed a resolution of intent to establish Parking and Business Improvement Area No 1 (commonly known as the DARC area) as well as set a date for public hearing as required by statute (RCW 35 87A 040) Notice of the public hearing was mailed to all parties currently within the DARC Business Improvement Area boundary (Attachment One) Notice was also given in the form of a legal advertisement published April 25, 1996 One general informational meeting, hosted by the Downtown Area Redevelopment Committee, was held April 2, 1996 After the public hearing, and barring a petition of protest signed by business owners responsible for a majority of the assessment, the City Council should adopt the ordinance (prepared by Preston, Gates, and Ells) to establish the proposed area. Once established, the ordinance will take effect thirty days after the date of passage Resolution X Ordinance — Contract , Other (Specify) Funding Source NONE `\ APPROVED FOR SUBMITTAL Cit Manaser STAFF RECOMMENDATION Approve ordinance to establish Parking and Business Improvement area No 1 BOARD /COMMISSION RECOMMENDATION Downtown Area Redevelopment Committee recommends adoption COUNCIL ACTION