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collections will enable the City to provide expanded and improved municipal <br />services to and for the benefit of the residents of the City, while at the same time <br />providing public or public -related improvements at no cost, or at deferred cost, to <br />the City and its taxpayers and residents. <br />Sec. 3.24.030. Definitions. <br />As used in this chapter and all sections thereof, the following phrases shall <br />have the following meanings: <br />Applicant means the owner(s) of real property upon which a business is <br />operated or proposed, or the operator of a business located or proposed to be located <br />within the City. <br />Enhanced sales tax means the amount of sales tax collected by the City over <br />and above a base amount negotiated by, and agreed upon by, the applicant and the <br />City, and which amount is approved by the City Council, and which base amount <br />shall never be lower than the amount of sales taxes collected by the City at the <br />property in question in the previous 12 months. <br />Fees means the amount of building permit fees, sign permit fees., and <br />construction use taxes collected by the City during the construction permitting <br />process for initial construction of a project participating in the BAP created under <br />this chapter. <br />Operator means the owner or potential owner of a business that is eligible <br />for inclusion in the BAP created by this chapter. <br />Owner means the record owner or potential record owner of real property <br />upon which one or more business is operated. <br />Sec. 3.24.040. Basis for participation. <br />Participation in the B^P sh a1 be based upen-appfeval b3fmajority fthe <br />entire City Council, exercising its legislative discretion in good faith. Any owner <br />or operator of a proposed business, or the owner or operator of an existing business <br />which proposes to expand substantially, may apply to the City for inclusion within <br />the BAP, provided that the proposed new or expanded business is reasonably likely <br />to generate enhanced or increased sales taxes, permit fees and/or construction use <br />taxes within the City in the first year of operation. Application for inclusion in the <br />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 Execution of an agreement by the City and <br />an applicant implementing the BAP shall entitle the successful applicant to share <br />Ordinance No. 1822, Series 2021 <br />Page 2 of 9 <br />