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<br />Participation in the BAP shall be based upon approval by a majority of the entire city
<br />council, exercising its legislative discretion in good faith. Any owner or operator of a proposed
<br />business, or the owner or operator of an existing business which proposes to expand
<br />substantially, may apply to the city for inclusion within the BAP, provided that the proposed new
<br />or expanded business is reasonably likely to generate enhanced or increased sales taxes, permit
<br />fees and/or construction use taxes within the city in the first year of operation. Application for
<br />inclusion in the BAP must be made prior to the proposed opening, acquisition or expansion.
<br />Sec. 3.24.050. Approval of agreement; conditions; effect.
<br />Approval by the city council of an agreement implementing the BAP shall entitle the
<br />successful applicant to share in enhanced sales taxes and fees derived from the applicant's
<br />property or business in an amount which shall not exceed that amount specified in the agreement
<br />required by section 3.24.1 00; provided, however, that the applicant may use said amounts only
<br />for public or public-related improvements such as those specified in section 3.24.060 and which
<br />are expressly approved by the city council at the time of consideration of the application. The
<br />time period in which said enhanced sales taxes or fees may be shared shall not commence until
<br />all public or public-related improvements are completed and meet city standards, and shall be
<br />limited by the city council, in its discretion, to a specified time, which shall not exceed ten (10)
<br />years, or until a specified amount is reached.
<br />Sec. 3.24.060. Permitted uses of funds.
<br />A. The uses to which said shared enhanced sales taxes or fees may be put by an
<br />applicant shall be strictly limited to obligations and/or improvements which are public or public-
<br />related in nature, and which are specifically identified as eligible for BAP funding as part of the
<br />agreement required by section 3.24.100 and which, if required by the city, are subject to a
<br />subdivision agreement or development agreement executed pursuant to, respectively, section
<br />16.12.100 or section 17.28.260 of this code.
<br />R By way of example and not limitation, eligible obligations and improvements
<br />which are public or public-related in nature include streets, sidewalks, curbs, gutters, pedestrian
<br />malls, street lights, drainage facilities, landscaping, decorative structures, redevelopment of
<br />existing properties, occupancy of existing vacant space, expansion or creation of jobs in the city,
<br />public art, fountains, identification signs, traffic safety devices, bicycle paths, off-street parking
<br />facilities, benches, restrooms, information booths, public meeting facilities, and all necessary,
<br />incidental, building facades, architectural enhancements, and appurtenant structures and
<br />improvements, together with the relocation, extension, undergrounding or improvement of
<br />existing utility lines, and any other improvements of a similar nature which are specifically
<br />approved by the city council.
<br />C. Nothing in this chapter shall limit the city council from appropriating additional
<br />capital improvement funds for capital improvements directly or indirectly affecting the property
<br />in question as a part of the city's regular appropriation, capital improvement, or budget process.
<br />Sec. 3.24.070. BAP payments.
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