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O1974 CA f atty\muni\laws\mox\montana bla ord wpd City Council Meeting 5-23-00 Santa MOnica, California ORDINANCE NUMBER , Q7L.. (CCS) (City Council Senes) 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 Dlstnct (hereinafter "the Dlstnct"), and WH EREAS, 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 Number960 (CCS) in order to amend the Fee levied In the District, and 1 WHEREAS, on June 13,1995, the City Council of the City of Santa Monica adopted Ordmance Number 1805 (CCS), amendmg Ordinance Number 960 (CCS) m order to amend the Fee levied In the District, and 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 the "Law"), on March 28, 2000, the City CounCil adopted Resolution Number 9495(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 the Law; and WH EREAS, said Resolution Number 9495 (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 the Law, and WHEREAS, as speCified In said Resolution Number 9495 (CCS), a hearing concerning the proposed change In the fee leVied in the District was held before the City CounCil on Apn118, 2000 In the City Council Chambers located at 1685 Main Street, In the City of Santa MOnica, and WHEREAS, at saId public hearmg 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 heanng was granted and held before the City CounCIl; and 2 WHEREAS, at said heanng all protests, both wntten 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 Number960 (eCS) IS amended to change the fee levied in the District and shall read as follows: SECTION 2 That commencing on July 1, 2000, in addition to the general business license tax (hereinafter sometimes referred to as "busmess license fee"), an assessment IS hereby Imposed upon business license holders occuPYing busmess premises In the area Said assessment (the "Fee") shall be at the following rates BUSiness Category Fee Amount* Annual MaXimum Agent/Broker $ 80 00 $ 80.00 $ 1,000 00 $ 1,000 00 $ 1,000.00 $ 80.00 $ 80.00 Retail 1 X Business License Tax** Recreation 1 x BUSiness License Tax** Entertainment 1 x BUSiness License Tax** Auto Dealer Contractorl Subcontractor $ 80.00 $ 80.00 3 Business Category Fee Amount* Annual Maximum Corporate/ Ad mlnlstrative Headquarters $ 80 00 $ 80.00 ProfessIons $ 80 00 $ 80 00 $ 80 00 $ 80 00 $ 80 00 $ 80 00 $ 80.00 $ 80.00 $ 80.00 $ 80.00 Manufacturers Services Wholesalers Utilities *Mmlmum fee IS $40 00 for all new busmess license holders and for those with less than $20,000 gross Income for any year on which renewal of the bUSiness license fee is based ** BUSiness License Tax rates are set forth m Article 6 of the Santa Monica Municipal Code 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 4 SECTION 3 Any provIsion of the Santa MOnica MUnicipal Code or appendices thereto inconsistent with the provIsions of thIS Ordmance. 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 Ordmance. 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 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 m the official newspaper Within 15 days after Its adoption. ThiS ordinance shall become effective after 30 days from ItS adoption APPROVED AS TO FORM: fYI ~M /Vi /U~ MA~SHA JO~S MOUTRIE City Attorney 5 Adopted and approved tms 23rd day of May. 2000. Ken Genser, SmteofCahfonua ) County of Los Angeles) 5S City of Santa Moruca ) I, Mana M. Stewart, City Clerk of the CIty of Santa Monica, do hereby certIfY that the foregomg Ordinance No. 1974 (CCS) had it's first reading on April 18, 2000, and adoptIon at the City Council meetmg held on May 23rd, 2000, by the following vote Ayes' Council members: Holbrook, Rosenstem. McKeown, Femstein, Bloom, Mayor Pro Tem O'Connor, Mayor Genser Noes. Council members. None Abstain. Council members: None Absent: Council members: None ATTEST. ~ ~ -~-=<....}- Mana M. Stewart, C~ Clerk