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Home My WebLink AboutOrdinance 1435 (Business Improvement District Amendments)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1435 entitled: AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 10 OF THE SAN RAFAEL MUNICIPAL CODE, CHAPTER 10.08 ENTITLED "DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA" is a true and correct copy of an ordinance of said City and was introduced at a regular meeting of the City Council of the City of San Rafael, held on the nineteenth day of July , 1982, published as required by City Charter in the Independent -Journal , a newspaper published in the City of San Rafael and passed and adopted as an ordinance of said City at a regular meeting of the City Council of said City held on the second day of August , 1982, by the following vote, to wit: AYES: COUNCILMEMBERS:Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:Breiner V WITNESS my hand and the official seal of the City of San Rafael this third day of August , 1982. JEJE %!. LEONC NI , City Clerk ORDINANCE NO. 1435 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 10 OF THE SAN RAFAEL MUNICIPAL CODE, CHAPTER 10.08 ENTITLED "DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA" THE COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS: DIVISION 1. Chapter 10.08, Section 10.08.020 "Definitions" is hereby amended to read and provide as follows: Section 10.08.020 Definitions. All Definitions contained within Streets and Highways Code Sections 36501 et seq. are incorpor- ated by reference as though fully set forth, except as the same are modified herein. "Business" as used in this Chapter means all types of businesses, except those types of businesses specifically excepted herein. "Business" as used in this Chapter shall not mean financial institutions, service businesses, and professionals. "City Council" means the City Council of the City of San Rafael. DIVISION 2. Chapter 10.08, Section 10.08.050 "Description of Boundaries of Area" is hereby amended to read and provide as follows: Chapter 10.08.050 Descriptions of Boundaries of Area. The Downtown Parking and Business Improvement Area created herein is described as follows: Those parcels fronting on the North side of Fourth Street between "E" Street and Lincoln Avenue and parcels fronting on the South side of Fourth Street between "E" Street and Lincoln Avenue, more particularly Assessor's Parcels as shown on the 1981 Assessor's Maps as follows: 11-204-08, 09, 13, 14, 15, 16, 17; 11-205-08, 09, 10, 11, 12, 13, 14; 11-212-05, 06, 07, 08, 11, 14; 11-215-01, 02, 03; 11-216-01; 11-222-03, 04; 11-224-10, 11, 13, 14, 15, 16, 17, 18; 11-251-01, 02, 03, 04; 11-253-01, 02, 03, 04, 10; 11-255-03, 23, 26, 27; 11-261-01, 15, 17; 11-263-02, 04, 05, 06, 07, 08, 09, 10, 11, 18, 20; 11-271-01, 02, 03, 04, 05, 06, 07; 11-273-01, 02, 04, 05, 06, 19; those parcels fronting on the East side of "E" Street between Third Street and Fifth Avenue, more particularly, Assessor's Parcels as shown on the 1981 Assessor's Maps as follows: 11-204-01, 16; 11-251-12, 13; those parcels fronting on the West side of "D" Street between Third Street and Fifth Avenue, more particularly Assessor's Parcels as shown on the 1981 Assessor's Maps as follows: 11-204-20; 11-251-05, 06, 07; those parcels fronting the West side of "C" Street between Third Street and Fifth Avenue, more particularly Assessor's Parcels as shown on the 1981 Assessor's Maps as follows: 11-205-05, 16; 11-253-06, 07, 11; the parcels fronting the �T�07,X-1 R a ORDINANCE NO. 14 East side of "C" Street between Third Street and Fourth Street, more particularly Assessor's Parcel as shown on the 1981 Assessor's Maps as follows: 11-255-15; those parcels fronting the West side of "B" Street between Third Street and Fifth Avenue, more particularly Assessor's Parcels as shown on the 1981 Assessor's Maps as follows: 11-212-04; 11-255-06, 07, 19, 20; those parcels fronting the East side of "B" Street between Third Street and Fifth Avenue, more particularly Assessor's Parcels as shown on the 1981 Assessor's Maps as follows: 11-214-06; 11-261-12, 13, 20; those parcels fronting the East side of Lootens Place between Third Street and Commercial Place, more particularly Assessor's Parcels as shown on the 1981 Assessor's Maps as follows: 11-271-15, 16; and those parcels fronting the West side of Lincoln Avenue between Third Street and Fifth Avenue, more particularly Assessor's Parcels as shown on the 1981 Assessor's Maps as follows: 11-224-08, 09; 11-273-08, 09, 10, 11, 12, 20, 22. Said area is reflected on a graphic, "Exhibit A", attached hereto and incorporated herein by reference. DIVISION 3. Chapter 10.08, Section 10.08.070 "Systems of Assessments for Charges Imposed" is hereby amended to read and provide as follows: Chapter 10.08.070 A System of Assessments for Charges Imposed. A charge system is hereby levied whereby each business entity, other than financial institutions, service businesses, and professionals, within the Business Improvement Area, hereby created, shall pay an amount not to exceed fifty percent (50%) of the business license charge for each business within said Area, as set forth in the current City of San Rafael Business License Fee Schedule, as amended annually. Those businesses within the boundaries of the District who are exempt from the payment of a Business License Fee under State law shall not be assessed, nor shall an assessment be levied for apartments, boarding and rooming houses, mobile home parks, hospitals, convalescent homes, nursing homes, rest homes, or sanitariums, and ambulance services. Provided, however, that financial institutions, service businesses, professionals and property owners within the Business Improvement Area, hereby created, or retail, financial institutions, service businesses, professionals and property owners outside the Business Improvement Area, hereby created, may voluntarily pay an amount as set forth in a Resolution adopted by the City Council and which may be amended from time to time. - 2 - ORDINANCE NO. 14-,) DIVISION 4. If any provision of this Ordinance or its application is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, sections, or applications of the Ordinance which can be given effect without the invalid provisions or applications, and to this end any phrase, section, sentence or word is declared to be severable. DIVISION 5. This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, published and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. TZ"� �� LAWRENCE E. UL AN, Mayor Attest: A . JVAG E M. LEONC*I\, City Clerk The foregoing Ordinance No. 1435 was read and intro- duced at a regular meeting of the City Council of the City of San Rafael, held on the 19th. day of Julv , 1982, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None and will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of the Council to be held on the second day of August , 1982. 21 B/24 JE E M. 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