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CA:RMM:rmd294/hpca
City Council Meeting 8-26-86
Santa Monical California
ORDINANCE NUMBER 1382 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING A FEE FOR
THE OPERATION, MAINTENANCE, AND REPAIR OF
PUBLIC IMPROVEMENTS IN THE THIRD STREET MALL
AND DOWNTOWN ASSESSMENT DISTRICT
WHEREAS, the City Council of the city of Santa Monica has
established a Third Street Mall and Downtown Assessment District;
and
WHEREAS, the Ci ty of Santa Monica has provided various
public improvements in the Third Street Mall and Downtown
Assessment District, including six public parkinq structures; and
WHEREAS I the city of Santa Monica has ordered a variety of
additional improvements to be made in the Third street Mall and
Downtown Assessment District; and
WHEREAS, the improvements established or to be established
in the Third street Mall and Downtown Assessment District require
revenue for their operation, maintenance, and repair; and
WHEREAS r the ci ty Council of the Ci ty of Santa Monica
desires to raise the necessary revenues for the operationl
maintenance, and repair of the public improvements by a fee on
businesses within the Third street Mall and Downtown Assessment
District; and
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WHEREAS, the City council of the City of Santa Monica by
Resolution Number 7255 (CCS) adopted on July l5, 1986, declared
its intention to impose the fee; and
WHEREAS, the city Council of the city of santa Monica set
Tuesday, August 19, 1986, at 7:30 p.m. in the city Council
Chambers, 1685 Main street, santa Monica, California, as the time
and place for hearing any protest or objections to the fee; and
WHEREAS, the hearing was duly held by the City Council at
the time and place for the hearing of all protests or objections
to the fee~ and
WHEREAS, the city council of the city of Santa Monica may
lawfully impose the fee pursuant to city Charter section 400 and
Ordinance Number 1377 (CCS),
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION l.
There is hereby levied an annual fee (the
"Fee") for the operation, maintenance, and repair of the public
improvements in the Third Street Mall and Downtown Assessment
District as follows:
(a) The Fee to be paid by all persons doing business from
locations within the Third street Mall and Downtown Assessment
District shall be equal to five times the annual Business License
Tax established pursuant to Article VI of the Santa Monica
Municipal Code on businesses within the district.
(b) The Fee shall be collected in the same manner and
subject to the same penalties as the Business License Tax
established pursuant to Article VI of the Santa Monica Municipal
Code. The Fee shall be colleoted in four equal installments, the
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first installment shall become due on July 1st of each fiscal
year and shall become delinquent on August 31st; the second
installment shall become due on October 1st of each fiscal year
and shall become delinquent on November 30th; the third
installment shall become due on January 1st of each fiscal year
and shall become delinquent on February 28th; and the fourth
installment shall become due on April 1st of each fiscal year and
shall become delinquent on May 31st.
(c) The city council from time to time by Resolution may
adjust the amount of the Fee on all or classes of businesses
within the district to the extent necessary to assure that
revenues from the Fee do not exceed the cost of operation,
maintenance, and repair of the public improvements in the Third
street Mall and Downtown Assessment District and to assure that
the Fee reasonably relates to the benefits of the pUblic
improvements in the Third street Mall and Downtown Assessment
District.
(d) In no event shall the amount of the Fee exceed the
lesser of five times the annual Business License Tax or
$15,000.00. The $15,000.00 limitation shall be adjusted annually
by increases in the Consumer Price Index for All Urban Consumers
for the Los Angeles-Long Beach-Anaheim Metropolitan Area. The
first such adjustment shall be made on July l, 1987, and each
July 1 thereafter, and shall be based on the increase in the
Consumer Price Index during the preceding calendar year.
(e) For purposes of this ordinance, the Third street Mall
and Downtown Assessment District is the area bounded by the
centerlines of the following streets: Wilshire Boulevard on the
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north, Fourth Court on the east, Broadway on the south, and First
Court on the west.
(f) Notwithstanding subdivision (b) of this Section, the
Fee in Fiscal Year 1986-1987 shall be collected in three equal
installments, the first installment shall become due on October
1, 1986, and shall become delinquent on November 30, 1986j the
second installment shall become due on January 1, 1987, and shall
become delinquent on February 28, 1987; and the third installment
shall become due on May l, 1987, and shall become delinquent on
May 30, 1987. The amount of such Fee shall be reduced by the
amount of any additional business license tax due and actually
paid in Fiscal Year 1986-l987 pursuant to Ordinance Number 702
( CCS) .
SECTION 2. During such period of time as this ordinance is
in full force and effect no tax or assessment shall be imposed,
assessed, or collected pursuant to Ordinance Number 702 (CCS).
SECTION 3.
Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this ordinance, to the extent of such inconsistencies and no
further, is hereby repealed or modified to that extent necessary
to affect the provisions of this ordinance.
SECTION 4.
If any section, subsection, 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 not affect the validity of the
remaining portions of the ordinance.
The city council hereby
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declares that it would have passed this ordinance and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the city Clerk shall
attest to the passage of this ordinance. The city Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption.
The ordinance shall be
effective 30 days from its adoption.
APPROVED AS TO FORM:
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ROBERT M. MYER~ - -0 - -
City Attorney
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Adopted and approved this 26th day of August, 1986.
f!~~yo! 4JL
I hereby certlfy that the foregoing Ordinance No. 1382 (CCS)
was duly and regularly introduced at a meeting of the City
Council on the 19th day of August 1986; that the said Ordinance
was thereafter duly adopted at a meeting of the City Council on
the 26th day of August 1986 by the following Council vote:
Ayes:
Councilmembers:
Epstein, A. Katz, H. Katz and
Mayor Reed
Noes: Councilmembers:
None
Abstaln: Councilmembers:
None
Absent: Councilmembers:
Conn, Jennings and Zane
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ATTEST:
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City Clerk