HomeMy WebLinkAboutOrdinance 2167 - Adding Chapter 6.39 '216 7
ORDINANCE NO. ,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDDING,
CALIFORNIA, ADDING CHAPTER 6.39 TO THE REDDING MUNICIPAL
CODE, ESTABLISHING THE DOWNTOWN REDDING BUSINESS
IMPROVEMENT DISTRICT.
WHEREAS, on December 12, 1996, the City Council of the City of Redding adopted
Resolution 96-225 (the "Resolution") declaring its intention to establish a Parking and Business
Improvement Area (the "District") and to levy an assessment on all businesses, trades,
professions, and vendors with the District, the proceeds of which shall be used for the public
purposes described in this ordinance, pursuant to the Parking and Business Improvement Area
Law of 1989, Part 6 (commencing with section 36500) of Division 18 of the California Streets
and Highways Code (the "Act"); and
WHEREAS, pursuant to the Act and the Resolution, the City Council of the City of
Redding conducted a public hearing, after having given due notice thereof as required by the Act,
on January 7, 1997, at 7:00 p.m. at the Council Chambers, 1313 California Street, Redding,
California; and
WHEREAS, the public hearing has been held and the City Council has heard and
considered all oral and written protests and other comments regarding the proposed establishment
and operation of the District; and
WHEREAS, the Resolution specified advertising media and photographers in the category
of service and miscellaneous businesses; and
WHEREAS, the City Council finds that the businesses of photographers and advertisers
are more properly classified as professional businesses rather than as service or miscellaneous
businesses; that collection agencies, private detectives, morticians, paralegals, pest control
operators, promoters, property managers, tax services, schools (including private and trade
schools) and veterinarians should be included as professions specifically listed in the professional
business category; and that these changes will result in such businesses paying the same or less
in assessments than as indicated in the Resolution; and
WHEREAS, protests in writing from businesses in the proposed District paying fifty O
percent (50%) or more of the proposed assessment have not been received; and
WHEREAS, this City Council finds that the businesses and property within the proposed
District will be benefitted by the improvements and activities funded by the assessments proposed
to be levied, and that businesses located in different areas within the proposed District will benefit
in different degrees from the improvements and activities to be provided within the proposed
District; and
WHEREAS, this City Council has now determined to establish the proposed District as
a Parking and Business Improvement Area to provide for the imposition of a benefit assessment,
and to adopt an ordinance to such effect;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDDING DOES
ORDAIN AS FOLLOWS:
Section 1. Chapter 6.39, Downtown Redding Business Improvement District, is hereby
added to the Redding Municipal Code, as follows:
Chapter 6.39
Downtown Redding Business Improvement District
Sections:
6.39.010 Definitions
6.39.020 Establishment of Business Improvement District and Boundaries of District
6.39.030 Establishment of Advisory Board; Agreement; Amendments to the Act
6.39.040 Establishment of Assessment; Exclusion From Assessment
6.39.050 Collection of Assessment
6.39.060 Purpose and Use of Assessment
6.39.070 Voluntary Contributions to the District
6.39.080 Annual Report to the City Council; Conduct of Hearing; Levy of Assessment
6.39.090 District Revenues Not to Offset City Services
6.39.100 Public Parking
6.39.110 Modification or Disestablishment of the District.
6.39.010 Definitions.
Unless the context requires otherwise, for purposes of this chapter the following definitions
shall apply:
A. Act: "Act" means the Parking and Business Improvement Area Law of 1989, California
Streets and Highways Code section 36500, et.seq.
B. Activities: "Activities" means and includes, without limitation: promotion of public events
which benefit businesses in the district and which take place on or in public places within the
district;furnishing of music in any public place in the district;promotion of tourism within the
district; and activities which benefit businesses located and operating in the district.
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C. Assessment: "Assessment" means a levy for the purpose of acquiring, constructing,
installing, or maintaining improvements and promoting activities which will benefit the
businesses located and operating within the district.
D. Billing Period: "Billing Period" means the time between April 1 of any year and March
31 of the next year, inclusive.
E. Di ri : "District" means the parking and business improvement area established pursuant
to section 6.39.020 of this code.
F. Financial Business: "Financial Business" means banks, savings and loan institutions,
credit unions, and other related businesses.
G. Fiscal Year: "Fiscal Year" means April 1 to and including March 31 of the following
year.
H. Improvements: "Improvements" means the acquisition, construction, installation, or
maintenance of any tangible property with an estimated useful life of five years or more,
including, without limitation: parking facilities, benches, trash receptacles, street lighting,
decorations, parks, and fountains.
1. Lodging Business: "Lodging Business" means and includes, without limitation, hotels,
motels, inns, recreational vehicle parks, bed and breakfast inns, and other similar
businesses.
J. Professional Business: "Professional Business" means and includes, without limitation,
attorneys, architects, accountants, engineers, surveyors, physicians, dentists, optometrists,
chiropractors and others in medical or health service fields, consultants, real estate
brokers, financial advisors, laboratories (including dental and optical), hearing aid
services, artists and designers, advertisers, photographers, collection agencies, private
detectives, morticians, paralegals, pest control operators, promoters, property managers,
tax services, schools (including private and trade schools), veterinarians, and others in
similar businesses.
K. Restaurant Business: "Restaurant Business" means and includes, without limitation, cafes,
eating establishments, sandwich shops, dinner houses, restaurants, fast-food services, and
other similar businesses.
L. Retail Business: "Retail Business" includes all businesses not incorporated in other
business definitions set forth in this section 6.39.010. At least fifty percent (50%) of the
business' gross income shall be derived from "retail sales" as that term is defined and used
in the California Sales and Use Tax Law. The fact that a substantial part of a business'
activity consists of sales other than retail sales does not exclude a business from this
definition so long as such other business component does not account for more than fifty
percent (50%) of the business' gross income.
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M. Service and Miscellaneous Business: "Service and Miscellaneous Business" means and
includes without limitation general offices, news media, printers, personal care facilities
and outlets, contractors/builders, service stations, repairing and servicing businesses,
renting and leasing businesses, utilities, vending machine businesses, household finance
companies, theaters, entertainment-oriented businesses, and other businesses not otherwise
incorporated in other business definitions set forth in this section 6.39.010.
6.39.020 Establishment of Business Improvement District and Boundaries of District.
A Parking and Business Improvement Area is hereby established pursuant to the Parking
and Business Improvement Area Law of 1989, California Streets and Highways Code section
36500 et.seq. This district shall be called the Downtown Redding Business Improvement District.
There shall be two benefit zones within the district, based upon the degree of benefit to be derived
from the improvements and activities to be provided within the benefit zones as provided in the
Act. The boundaries of the district and the benefit zones within the district shall be as follows:
ZONE A
The central core of the traditional downtown Redding commercial area will serve as
Zone A, which is described as follows:
Beginning at the intersection of the centerlines of Shasta Street and the alley adjacent to
the west side of the Downtown Mall; thence east on Shasta Street to the intersection of the
centerlines of Shasta Street and the alley between Pine Street and East Street; thence south
on the alley to the intersection of the centerlines of the alley and Sacramento Street; thence
west on Sacramento Street to the intersection of the centerlines of Sacramento Street and
Center Street; thence north on Center Street to the intersection of the centerlines of Center
Street and Placer Street; thence west on Placer Street to the intersection of the centerlines
of Placer Street and the Southern Pacific Railroad tracks; thence north on the Southern
Pacific Railroad tracks to the intersection of the centerlines of the Southern Pacific
Railroad tracks and Yuba Street; thence east on Yuba Street to the intersection of the
centerlines of Yuba Street and the alley adjacent to the west side of the Downtown Mall;
thence north on the alley to the point of beginning.
ZONE B
Zone B, excepting and excluding all parcels within Zone A, is described as follows:
Beginning at the intersection of the centerlines of Trinity Street and the Southern Pacific
Railroad tracks; thence east on Trinity Street to the intersection of the centerlines of
Trinity Street and East Street; thence south on East Street to the intersection of the
centerlines of East Street and Shasta Street; thence east on Shasta Street to the intersection
of the centerlines of Shasta Street and Liberty Street; thence south on Liberty Street to the
intersection of the centerlines of Liberty Street and Tehama Street; thence east on Tehama
4
Street to the intersection of the centerlines of Tehama Street and Continental Street; thence
south on Continental Street to the intersection of Continental Street and the easterly
prolongation of the south property lines of APNs 101-660-08 and 101-660-09; thence west
along said property lines to the east property line of APN 101-660-07; thence south along
said property line to the south property lines of APNs 101-660-05 and 101-660-07; thence
west along said property lines and their westerly prolongation to the centerline of East
Street; thence south on East Street to the intersection of the centerlines of East Street and
South Street; thence west on South Street to the intersection of South Street and the
northerly prolongation of the east property lines of APNs 101-690-22, 101-690-23, 101-
690-24, 101-690-25, and 101-690-26; thence south along said property lines to the south
property line of APN 101-690-26; thence west along said property line and its westerly
prolongation via the centerline of Gold Street to the intersection of the centerlines of Gold
Street and the Southern Pacific Railroad tracks; thence north on the Southern Pacific
Railroad tracks to the point of beginning.
4�ISTRICT BOUNDARY MAP
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v+� (3) APN 101-660-09 ® APN 101-690-26 /
® APN 101-690-22
6
6.39.030 Establishment of Advisory Board; Agreement; Amendments to the Act.
A. The elected officers of the Downtown Redding Business Association shall serve as an
advisory board to the city council, and shall make recommendations to the city council on
the expenditure of revenues derived from the levy of assessments pursuant to this chapter,
on the classification of businesses, and on the method and basis of levying the assessments.
Persons owning businesses within the boundaries of the district shall be qualified to serve
as members of the advisory board. Any and all voting within the district regarding election
of persons to serve on the advisory board, matters concerning the conduct of the advisory
board, or any actions of the advisory board shall be based on one vote per assessed dollar
of the assessment made pursuant to this chapter. Only businesses which are current in the
payment of their assessments shall be entitled to participate in any such vote.
B. The city shall enter into an agreement with the Downtown Redding Business Association
to carry out the purposes of the Act and this chapter.
C. The district and all businesses in the district shall be subject to any amendments of the Act.
6.39.040 Establishment of Assessment; Exclusion from Assessment.
A. Commencing April 1, 1997, all businesses, trades, and professions located within the
district shall pay an annual assessment in the following amounts, depending on the benefit
zone in which the business is located, the classification of the business, and the number
of employees the business employs:
BUSINESS TYPE $USICNESS SIZE ASSESSMENT
(#EMPLOYEES) ZONE A ZONE B
Retail & Restaurant Small (1-4) $150 $ 75
Business Medium (5-9) 300 150
Large (10+) 450 225
Service & Miscellaneous Small (1-4) 100 50
Business Medium (5-9) 200 100
Large (10+) 300 150
Professional Business 100 50
Lodging Business 300 150
Financial Business 500 1 500
B. The following are exempt from assessment within the district:
1. Property within the district boundaries used for residential purposes only; and
7 ... .. ...
2. A non-profit organization as defined by section 501(c)(6) of the Internal Revenue
Service Code.
C. Any new business established within the district shall not be required to pay an assessment
for the billing period during which the business is initiated. The new business will be
deemed initiated on the date of issuance of the business license or on the date the business
first opens to the public, whichever first occurs. This exemption from assessment shall not
apply to businesses which change location within the district or which change ownership.
6.39.050 Collection of Assessment.
A. The district shall bill and collect from all businesses, trades, and professions within the
district all assessments authorized by this chapter for the first fiscal year (April 1, 1997,
to March 31, 1998).
B. After the first fiscal year, the city shall bill and collect from all businesses, trades, and
professions within the district all non-delinquent assessments authorized by this chapter.
C. Assessments shall be due on or before April 1 of each year. If an assessment is not
received or postmarked on or before April 30, it shall be deemed delinquent. The district
shall be responsible for collecting all delinquent assessments. The district shall impose late
payment penalties on businesses that fail to timely pay their respective assessments at a rate
of ten percent (10%) per month. At such time as late payment penalties equate fifty
percent (50%) of the total annual assessment for the business, the district shall commence
any action it deems appropriate or necessary to recover the delinquent assessments and late
payment penalties. Any business which is delinquent in payment of its assessment shall be
liable for all costs of collection of the delinquent assessment.
D. The City shall pay any costs the City incurs for the process of billing and/or collecting the
assessments for the first fiscal year (April 1, 1997, to March 31, 1998) and will not charge
any such costs to the district. Commencing with the assessments for the second fiscal year
(April 1, 1998, to March 31, 1999) the district shall reimburse the City for its actual costs
of billing and collecting the assessments.
6.39.060 Purpose and Use of Assessment.
Revenue from the assessments levied in the district shall be used to fund improvements and
activities in the district. Revenue from the assessments levied in the district shall not be used to
provide improvements or activities outside the district or for any purpose other than the purposes
specified in the Act and the resolution of intention of the city council as modified by the city council
at the hearing concerning establishment of the district.
Ref. Resolution 96-225.
6.39.070 Voluntary Contributions to the District.
A. The city or the advisory board may accept voluntary contributions to the district's account
by any person, business, or entity. The boundary of the district shall not be modified as
a result of any voluntary contribution. A business which contributes voluntarily to the
district shall not be considered a part of the district nor be eligible as a member of the
advisory board .
B. Upon a specific finding by the advisory board that the district would derive a benefit from
the participation of a business which has voluntarily contributed to the district's account,
the business which has voluntarily contributed to the district's account may participate in
specified programs of the district for the billing period in which the voluntary contribution
is made.
6.39.080 Annual Report to City Council; Conduct of Hearing; Levy of Assessment.
A. The advisory board shall prepare, on or before February 1, a report for each fiscal year
for which assessments are to be levied and collected to pay the costs of the improvements
and activities described in the report. The advisory board shall file the report with the city
clerk and shall specify the name of the district, the fiscal year to which the report applies,
and, with respect to that fiscal year, shall contain all of the following:
1. The improvements and activities to be provided for that fiscal year.
2. An estimate of the cost of providing the improvements and the activities for that
fiscal year.
3. The method and basis of levying the assessment in sufficient detail to allow each
business owner to estimate the amount of the assessment to be levied against his or
her business for that fiscal year.
4. The amount of any surplus or deficit revenues to be carried over from a previous
fiscal year.
5. The amount of any contributions anticipated to be made from sources other than
assessments levied pursuant to this part.
B. The advisory board's report may propose changes, including, but not limited to, the
boundaries of the district or any benefit zones within the district, the basis and method of
levying the assessments, and any changes in the classification of businesses. If such
changes are proposed in the report, the report shall also include a detailed description of
any such proposed changes.
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C. After the filing of the report, the city council shall adopt a resolution of intention to levy
an annual assessment for that fiscal year, and shall comply with the Act in preparing the
resolution, setting the matter for a public hearing on the levy of the proposed assessment
for that fiscal year, publishing notice of the public hearing, and conducting the public
hearing.
D. At the conclusion of the public hearing, the city council may approve the report as filed
by the advisory board, or modify any particular contained in the report and approve it as
modified. The city council shall not modify any particulars of the report unless the city
receives written protests, as to the particulars of the report, from the owners of the
businesses within the district which will pay fifty percent (50%) or more of the
assessments to be paid in that fiscal year. In the event that the city receives written protests
from the owners of the businesses within the district which will pay fifty percent (50%)
or more of the assessments to be paid in that fiscal year, the city council shall eliminate
or modify the particular in the report as provided in the Act. The city council shall not
approve a change in the basis and method of levying assessments that would impair an
authorized or executed contract to be paid from the revenues derived from the levy of
assessments. The city council shall not change the boundaries of the district to include any
territory that will not, in its judgment, benefit by the improvements or activities contained
in the report.
E. At the conclusion of the public hearing, the city council may adopt a resolution confirming
the report as originally filed, or as modified by the city council. The adoption of the
resolution shall constitute a levy of an assessment for the fiscal year referred to in the
report.
6.39.090 District Revenues Not to Offset City Services.
City shall not use or require the advisory board to use district revenues to offset city
expenditures for capital improvement projects in the district and maintenance of city property and
public works, including, without limitation, public property, sidewalk, street and restroom
cleaning and maintenance, and tree maintenance. The city shall not diminish the level or standard
of maintenance or capital improvement projects in the district solely because of the existence of
district revenues.
6.39.100 Public Parking.
The district's revenues, whether generated by assessment or voluntary contribution, shall
not be used to acquire and/or construct public parking within the district, unless such use of the
revenues is specifically approved by a majority vote of the business owners in the district as set
forth in section 6.39.030.
10
6.39.110 Modification or Disestablishment of the District.
A. The city council may modify the boundaries of the district, the boundaries of the benefit
zones, the amount, basis or method of levy of the assessments, and any improvements or
activities to be funded with revenues derived from the levy of assessments. Any
modifications shall be made pursuant to the procedures set forth in the Act.
B. The city council may disestablish the district as set forth in the Act. Any action to
disestablish the district shall be taken pursuant to the procedures set forth in the Act.
C. Upon the disestablishment of the district, any remaining revenues derived from the levy
of assessments, or any revenues derived from the sale of assets acquired with the revenues,
shall be refunded to the owners of the businesses then located and operating within the
district as required by the Act.
Section 2. If any section or subsection of this ordinance, or any portion thereof, is held
to be invalid or unconstitutional for any reason, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of any other section or subsection of this ordinance.
Section 2. It has been determined that the activity is exempt from the provisions of the
California Environmental Quality Act.
Section 3. This ordinance shall take effect 30 days after the date of its adoption, and
the City Clerk shall certify the adoption thereof and cause its publication according to law.
I HEREBY CERTIFY that this ordinance adding Chapter 6.39 (Downtown Redding
Business Improvement District) to the Redding Municipal Code was introduced and read by the
City Council at a regular meeting on the 7th day of January , 1997; and was read and
adopted at a regular meeting on the 21 st day of January , 1997, by the following vote:
AYES: COUNCIL MEMBERS: P. Anderson, R. Anderson, Kehoe, Murray and McGeorge
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
G
DAVID c6E E, yor
Attest: Form A ed:,
Connie Strohmayer, Cit Cl k W. Leonard Wing
�tCity Attorney
11
In the Superior Court of the State of California
in and for the County of Shasta
--------------------
CERTIFICATE OF PUBLICATION
---------------_----- _
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/2 LAKE Redding Est: $500 dep:Call Francine,agt., !
725/mo.cid. dep. 140o sq., FAX AN AD eyes,365-4614
R. refs.regd.243-1295
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,g. Kitchen, Quail Ridge, hood.$1000 mo.+dep.After
225.Mo.+Dep 222-1423bpm or leave msg.223-5520 COUNTRY HOME
Highland Park 20001 q.ft.3+/2,
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Notice of Ordinance 5 3/2 NEWLY remodeled 5 BEDROOM'executive home
scenic ac.$850.223-1035
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j 707-422-0119 or 244-1987 $1500/mo.Dennis,244-9900 on 1 ac.,2+2,gar.$675 mo.+ i
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ountryProperties 221-1833 fam. rm, w/frpl, Ig liv rm., fenced, deck. Central 'air/ i
I hereby certify that the Record Searchlight is a BEDROOM t Be.w/Garage laun. rm.-, dbl gar, private heat.$895/mo.275-1044
1091 Hawthorne$450/mo. yard w/gunite pool, $850
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f,�ara e,Newer,Shasta Lake 2 bedroom house
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clerk of the printer of said newspaper;that the notice 1st&Last$500.Dep. Yard.Enterprise$575.Clean 2329 Kerry Ave. $600/Mo.
Call 241-4761. 2 bdrm.w/gar.$350.Studi-
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was published in said newspaper on the following
i;/2 'NICE! 2577 Venus Way Free List at One Stop Home ENTERPRISE 3/2, dbl gar,
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fenced yd, Central heaVair Rental, 2551 Park Marina fenced
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dates,to wit; '3i760/mo+$800 Dep 243-6019 Dr.;fl'24.•243-4515 $650/$500 dep 222-8174
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January 29, 1997 I
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I certify under penalty of perjury that the forgoing 1 V "°
is true and correct, at Redding, California on the 01
l ORDINANCE P
n
ELDORADO IRRIGATION DISTRICT i
NOTICE TO CONTRACTORS AN ORDINANCE OF THE CITY COI
'3-' PROJECT NO.93006 DING ADDING CHAPTER 11.44-
29th day of January, 1997. CONTRACT NO.
�E97-02 REDDING MUNIC
EL DORADO HILLS WASTEWATER TREATMENT PLANT
Si ,I PHASE 11-B,UPGRADE AND EXPANSION The City Councif of the City of Red
— " LbTICE IS HEREBY GIVEN that sealed bids will be received at Section 1. There is hereby add
''` "a office of the El Dorado Irrigation District, 2890 Mosquito Code Chapter 11.44,Special Events
'c Siad,Placerville,California,95667 until the hour of 2:00 p.m., I
ly
fie edreexam,ined,and dec aredhforaid bids perforrmi gltheefollowling TITLE 11,VEHICLES
r` axk:. Chapter 1
x :nSpecial EJ
inature r 'Wristruction,of the EI Dorado Hills Wastewater Treatment
g ,tint,Phase II-B,Upgrade and Expansion,consists of:' Sections: ;
al 11.44.010 Definition and Pur,
,. I i Modification and rehabilitation of existing facilities: the 11.44.020 Issuance of Permil
existing Primary Clarifiers No.1 and No.,2,existing Second- 11.44.030 Use of City Park a!'-- ary Clarifier No. 1, existing Chlorine Contact Basin No. 1 Permit, I
RECORD SEARCHLIGHT ,and Low Service Pump Station Wetwell and Sludge Drying 11.44:040 Standard Parade F
j Beds,Backwash Recovery Pond No.3.- 11.44.050 .Other Special Eve;
'� j .' - 11.44.060 Use of State Higl
1101 Twin View Blvd., Redding,California 96003 €Construction of new facilities:Aeration Basins No.1 and No. Bridges 11.44.070
2, Mixed_Liquor Distribution Box, Blower and Electrical Vehicular
Building, Secondary Clarifier No. 2, Return Activated Traffic and
_Sludge(RAS)Pump Station,Secondary Effluent Pump Sta- Parking Clo-
a tion,Reservoir Inlet Piping,Chemical'Feed System,Chlorine sures 11.44.080
Contact Basin No. 2, Waste Activated Sludge (WAS) Dis- Cost of Spe-
REAEIV )a� solved Air Flotation(DAF),Thickener No 1 and Equipment, cial Events.
ED 3: Anaerobic Digester No.1 and equipment,Belt Press Dewa--
tering Supnor4 facilities and installation of prepuri:hased.11.44.010 Definition and Purpose.
I' 1 Belt Filter Press System and Site Waste Pump Station,in-
+ ! + stallation of electrical and instrumentation systems includ- A. The words"special event"as
FEB ® � t'i{ .! ing standby power generator,' completion of,sitework clude any organized activity i
® ,�, ! including site fill,paving,.grading,'levee raising,riprap,and, by a non-profit entity,private
drainage and underground piping and reconstruction of er„which utilizes city streets c
existing improvements affected by the work and all other reational facilities, or which)
PURCH:9 �y work necessary to render the facility complete and.opera- vehicular traffic or parking, ij
ASING 1 � tional. film productions, parades, n