O1805
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CA:f:atty\muni\laws\mox\montana.2
City Council Meeting 6-13-95
Santa Monica, California
ORDINANCE NUMBER 1805 (CCS)
(city Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING ORDINANCE NUMBER 960 (CCS)
TO CHANGE THE ASSESSMENT LEVIED IN THE
MONTANA AVENUE BUSINESS IMPROVEMENT ASSESSMENT 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 assessment (the "Fee") for the general
promotion of business and professional activities within the
Montana
Avenue
Business
Improvement
Assessment
District
(hereinafter "the District"); and
WHEREAS, on July 10, 1990, the City Council of the city of
Santa Monica adopted Ordinance Number 1531 (CCS) in order to amend
the Fee levied in the District; and
WHEREAS, on November 13, 1990, the City Council of the City of
santa Monica adopted Ordinance Number 1558 (CCS), amending
Ordinance Number 960 (CCS) in order to amend the Fee levied in the
District; and
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WHEREAS, under and pursuant to the provisions of Part 5 of
Division 18, commencing with Section 36000 of the Streets &
Highways Code (hereinafter sometimes referred to as "said law") on
April 25, 1995, the City Council adopted Resolution Number 8894
(CCS) declaring its intention to make additional changes in the
amount of the Fee levied in the District and setting a public
hearing on such matter as required by said law; and
WHEREAS, said Resolution Number 8894 (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 8894 (CCS), a
hearing concerning the proposed change in the fee levied in the
District was held before the city Council on May 23, 1995, 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
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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 (CCS) is amended
to change the fee levied in the District and shall read as follows:
Sec1;ion 2 .
That in addition to the
general business license tax (hereinafter
sometimes referred to as "business license
feell), an assessment is hereby imposed upon
business license holders occupying business
premises in the area.
Said assessment (the
"Fee") shall be at the following rates:
Business Category
Retail
Services
$ 200.00
200.00
200.00
80.00
80.00
80.00
80.00
80.00
80.00
80.00
Recreation
Entertainment
Agent/Broker
Auto Dealer
Contractor/Subcontractor
Corporate/Administrative
Headquarters
Professions
Manufacturers
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Wholesalers
utilities
80.00
80.00
Said Fee shall be payable concurrently and at
the same time as the general business license
fee. For failure to pay said Fee on the due
date thereof, penalties shall be exacted as set
forth in section 6.04.160 of the santa Monica
Municipal Code.
SECTION 2. 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 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,
are 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 this 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. This ordinance shall become effective
after 30 days from its adoption.
APPROVED AS TO FORM:
kt-t {{ ifhCJ JujU j{ ~<:-
MARSHA JONijS-MOUTRIE
city Atto:they
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Mayor
State of CalIfornia )
County of Los Angeles) ss
City of Santa MOnIca )
I, ClarIce E Dykhouse, CIty Clerk, do hereby certIfy that Ordinance Number 1806 (CCS) had
its first readIng on June 13, 1995, with no second reading reqmred because it IS an emergency
ordmance, and was passed by the folloWIng vote
Ayes
CouncIl members
Abdo, Ebner, Genser, Greenberg, Holbrook, O'Connor,
Rosenstem
Noes
Council members
None
Abstam
CouncIl members
None
Absent
CouncIl members
None
ATTEST
&L~jJ~
---city Clerk /
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Mayor
State of Cahfoffila )
County of Los Angeles) ss
City of Santa Moruca )
I, ClarIce E Dykhouse, CIty Clerk of the CIty of Santa MOnIca, do hereby certIfy that the
foregomg Ordmance No 1805 (CCS) had Its first readmg on May 23_ 1995 and had Its second
readmg on June 13. 1995 and was passed by the followmg vote
Ayes
CouncIl members
Abdo, Ebner, Genser, Greenberg, Holbrook, O'Connor,
Rosenstem
Noes
CouncIl members
None
Abstam
CouncIl members
None
Absent
CouncIl members
None
ATTEST
~-€-- t! M~
-city Clerk '