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<br />Chapter 3.24 TAX AND FEE BUSINESS ASSISTANCE PROGRAM <br /> <br />Page 2 ofS <br /> <br />Operator means the owner or potential owner of a business that is eligible for inclusion in the <br />SAP created by this chapter. <br /> <br />Owner means the record owner or potential record owner of real property upon which one or <br />more business is operated. <br /> <br />(Ord. No. 1507-2007, S 1, 1-16-2007) <br /> <br />Sec. 3.24.040. Basis for participation. <br /> <br />Participation in the BAP shall be based upon approval by a majority of the entire city council, <br />exercising its legislative discretion in good faith. Any owner or operator of a proposed business, or the <br />owner or operator of an existing business which proposes to expand substantially, may apply to the city <br />for inclusion within 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 taxes within the <br />city in the first year of operation. Application for inclusion in the BAP must be made prior to the <br />proposed opening, acquisition or expansion. <br /> <br />(Ord. No. 1507-2007, S 1,1-16-2007) <br /> <br />Sec. 3.24.050. Approval of agreement; conditions; effect. <br /> <br />Approval by the city council of an agreement implementing the SAP shall entitle the successful <br />applicant to share in enhanced sales taxes and fees derived from the applicant's property or business <br />in an amount which shall not exceed that amount specified in the agreement required by section <br />3.24.100; provided, however, that the applicant may use said amounts only for public or public-related <br />improvements such as those specified in section 3.24.060 and which are expressly approved by the <br />city council at the time of consideration of the application. The time periOd in which said enhanced sales <br />taxes or fees may be shared shall not commence until all public or public-related improvements are <br />completed and meet city standards, and shall be limited by the city council, in its discretion, to a <br />specified time, which shall not exceed ten years, or until a specified amount is reached. <br /> <br />(Ord. No. 1507-2007, S 1,1-16-2007) <br /> <br />Sec. 3.24.060. Permitted use of funds. <br /> <br />A. The uses to which said shared enhanced sales taxes or fees may be put by an applicant <br />shall be strictly limited to obligations and/or improvements which are public or public-related in <br />nature, and which are specifically identified as eligible for BAP funding as part of the agreement <br />required by section 3.24.100 and which, if required by the city, are subject to a subdivision <br />agreement or development agreement executed pursuant to, respectively, section 16.12.100 or <br />section 17.28.260 of this code. <br /> <br />B. By way of example and not limitation, eligible obligations and improvements which are <br />public or public-related in nature include streets, sidewalks, curbs, gutters, pedestrian malls, <br />street lights, drainage facilities, landscaping, decorative structures, redevelopment of existing <br />properties, occupancy of existing vacant space, expansion or creation of jobs in the city, public <br />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 /> <br />http://lihrary2.lllllnicode.com/default-testlDocView/lJI49/ I /46'!hi lite=hllsiness assistance; <br /> <br />2/22/2010 <br />