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City Council Meeting Ie-13-al Santa Monica, Califorui~
ORDINANCE NUMBER 1228
(City Council Series}
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA &~NDING
ORDINANCE l\TUMBER 725 (eeS) RELATING
TO THE USE OF THE REVENUES FOR THE
DOWNTOWN PARKING AND BUSINESS IMPROVEMENT
AREA (RETAIL PROMOTION)
WHEREAS, on November 22, 1966, the City Council adopted
Ordinance Number 725 (CCS) establishing a Downtown Parking
and Business Improvement Area~ and
WHEREAS, the purpose of the Area was to generate reve-
nue for the ge.neral promotion of retail trade activites in
the area; and
WHEREAS, Section 3 of Ordinance Number 725 (CCS) pro-
vides that the revenues generated by the additional business
license tax shall be put to the payment of contract fees to
the Santa Monica Chamber of Commerce less one percent {l%}
thereof as the cost of collection~ and
NHEREAS, the City's cost of collection exceeds one per-
cent (1%); and
WHEREAS, the City seeks to increase the amount alloc-
able to collection without increasing the amount of the busi-
ness license tax imposed uron merchants; and
WHEREAS, on September 23r 1981, the City Council
adopted Resolution Number 6361 {CCS}, entitled "A Resolution
~
f h. e'1 f . f e. I'
o t e C~ty Counc~ 0 the C~ty 0 Santa Mon~ca Dec ar1ng Its
Intention to Amend Ordinance Number 725 (CCS) Relating to the
Use of the Revenues for the Downtown Parking and Business
Improvement Area (Retail Promotion)r; and
~fEREAS, Resolution Number 6361 (eeS) was duly pub-
lished~ and copies thereof were duly mailed, all as provided
by the Parking and Business Improvement Area Law of 1965,
Streets and Highways Code Section 35000 at seq.; and
~~EREAS, as specified in Resolution Number 6361 tees) a
hearing concerning the change of use was held before the City
Council on October 13, 1981, at the hour of 7:30 P.M., in the
City Council Chambers in City Hall, 1685 Main Street, Santa
Monica: and
WHEREAS, at said hearing all written and oral protests
made or filed were duly heard, evidence for an~ against the
proposed action was received, a full, fair and complete hear-
ing was granted and held, and the City Council is fully
advised in the premises; and
WHEREAS, at said hearing all protests, both written and
oral, made or filed were duly overruled and denied and this
City Council determined that there is no majority protest
within the meaning of Streets and Highways Code Section
360231<
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 3 of Ordinance Number 725 (CCS) is
amended to read as follows:
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Section 3.
e
That the use to
which the proceeds of the additional
business license tax, less five per-
cent (5%) thereof as the cost of col-
lection, shall be put is the payment
of contract fees to the Santa Monica
Chamber of Commerce for general promo-
tion of retail trade activites in the
area as prescribed by contract
between the City and said Chamber of
Commerce.
SECTION 2. Any provision of the Santa Monica Municipal
Code or appendices thereto incon&istent with the provisions
of this ordinance, to the extent of such inconsistencies and
no further, is hereby repealed or modified to that extent
necessa~y to affect the provisions of this ordinance.
SECTION 3. If any section, subsectiont sentence,
clause, or phrase of this ordinance is for any reason held to
be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall Dot affect the
validity of the remaining portions of the ordinance. The
City Council hereby declares that it would have passed this
ordinance and each and every section, subsection, sentence,
clause, or phrase not declared invalid at unconstitutional
without regard to whether any portion of the ordinance would
be subsequently declared invalid or unconstitutional.
SECTION 4~ The Mayor shall sign and the City Clerk
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ADOPTED AND APPf{OV ED TH IS . J kh DA Y
OF
Q<,:tober
~ 1 981 .
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE%
~C.1228(CCS) $ WAS D~LY AND REGULARLY INTRODUCED AT A
f1EET!NG OF THE CITY COUNCIL ON THE 13th DAY OF October s,
1981; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED
AT A MEETING OF T~E CITY COUNCIL ON THE 13th DAY OF October~
1981 BY THE FOLlOHING COUNCIL VOTE:
AYES: COUNCIlMEMBERS: Conn, Edwards, Press, Reed,
Zane, Mayor Yannat~a Goldway
"OES: COUNCILMEMBERS: None
ABSENT: COUNC I U1ErWERS: Jennings
ABSTAIN: (OUNCILMENBERS: None
!'~ TTEST ~
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CITY CLERK
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