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city council Meeting 11-13-90
Santa Monica, California
ORDINANCE NUMBER l558 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING ORDINANCE NUMBER 960 (ecs)
TO CHANGE THE ADDITIONAL BUSINESS LICENSE TAX LEVIED
IN THE MONTANA AVENUE BUSINESS IMPROVEMENT DISTRICT
WHEREAS, on July 9, 1974, the city council of the City of
Santa Monica adopted Ordinance Number 960 (CCS), establishing a
business improvement area along a portion of Montana Avenue and
approving the levy of an additional business license tax for the
general promotion of business and professional activities within
the area (hereinafter "the District"); and
WHEREAS, on July 10, 1990, the City Council of the City of
Santa Monica adopted ordinance Number 1531 (CCS), amending
Ordinance Number 960 (eCs) to change the additional business
license tax levied in the District to a reduced percentage of the
general business license tax; and
WHEREAS, the City Council of the city of Santa Monica
desires to again amend Ordinance Number 960 (CCS) in order to
change the additional business license tax levied in the District
from a percentage of the general business license tax amount to a
flat rate amount~ and
WHEREAS, under and pursuant to the provisions of Part 5 of
Division 18, commencing with Section 36000 of the streets &
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Highways Code (hereinafter sometimes referred to as "said law"),
on September 25, 1990, the city council adopted Resolution Number
8091 (CCS) declaring its intention to change the additional
business license tax levied in the District and setting a public
hearing on such matter as required by said law; and
WHEREAS, said Resolution Number 8091 (CCS) was duly
published, copies thereof were duly mailed to each business
license holder in the District and posted in public places in the
District, as provided by said law; and
WHEREAS, as specified in said Resolution Number 8091 (CCS),
a hearing concerning the proposed change in the additional tax
levied in the District was held before the city Council on
October 23, 1990, in the City council Chambers located at 1685
Main street, in the City of Santa Monica; and
WHEREAS, at said hearing all written and oral protests made
or filed were duly heard, evidence for and against the proposed
action was received, and a full, fair, and complete hearing was
granted and held before the City council; and
WHEREAS, at said hearing all protests, both written and
oral, made or filed, were duly overruled and denied and the City
council determined that there is no majority protest within the
meaning of Section 36023 of the streets & Highways Code,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 2 of Ordinance Number 960 (eCS) is
amended to change the additional business license tax levied in
the District and shall read as follows:
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SECTION 2. That in addition to the
general business license tax (hereinafter
sometimes referred to as "business
license fee"), an additional business
license tax is hereby imposed upon
business license holders occupying
business premises in the area in the
following amounts: One Hundred Dollars
($100.00) at a flat rate for each retail
and recreation and entertainment business
in the area; Forty Dollars ($40.00) at a
flat rate for each agent/broker, auto
dealer, contractor, subcontractor, or
special ty contractor, corporate or
administrative headquarters, manufactur-
ers, professions, services, wholesalers
and utilities business in the area. Said
additional business license tax shall be
payable as follows: During Fiscal Year
1990-91, said additional business tax
shall be due on or before February 15,
1991. Thereafter, said additional
business license tax shall be payable
concurrently and at the same time as the
general business license tax. For
failure to pay said additional license
tax on the due date thereof, penal ties
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shall be exacted as set forth in section
6015 of the Santa Monica Municipal Code.
SECTION 2. Ordinance Number 1531 (CCS) is hereby repealed
in its entirety. The repeal of said Ordinance Number 1531 (CCS)
shall not prevent or otherwise affect any prosecutions, whether
commenced or not yet initiated, that are brought to enforce
compliance with Ordinance Number 1531 (CCS), which violations
occurred prior to the effective date of the repeal.
SECTION 3. All protests, both written and oral, are
overruled and denied, and the City Council finds that there is no
majority protest within the meaning of Section 36023 of the
streets and Highways Code.
SECTION 4. 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, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 5. 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 this 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 or unconstitutional without regard to whether
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any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 6. The Mayor shall sign and the city Clerk shall
attest to the passaqe of this Ordinance. The city Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS
city Attorney
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Adopted and approved this 13th day of November, 1990.
Do, Jr
I hereby certify that the foregoing Ordinance No. 1558 was
duly and regularly introduced at a meeting of the City council on
the 30th day of October 1990; that the said Ordinance was
thereafter duly adopted at a meeting of the city council on the
13th day of November 1990 by the following Council vote:
Ayes: Councilmembers: Abdo, Finkel, Genser, Jennings,
Katz, Mayor Zane
Noes: Councilmembers: none
Abstain: Councilmembers: none
Absent: Councilmembers: Reed
ATTEST:
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