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city council Meeting: 7-11-95
JUl 1 11995
Santa Monica, California
TO: Mayor and city council
FROM: City Attorney
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING SECTIONS 2 AND 3 OF ORDINANCE NUMBER 725
(CCS) REESTABLISHING A PENALTY FOR NONPAYMENT OF
ASSESSMENTS DUE IN THE DOWNTOWN PARKING AND BUSINESS
IMPROVEMENT AREA
INTRODUCTION
At its meeting on June 27, 1995, the City Council introduced for
first reading an ordinance amending sections 2 and 3 of Ordinance
Number 725 (CCS) reestablishing a penalty for nonpayment of
assessments due in the Downtown Parking and Business Improvement
Area.
The ordinance is now presented to the City Council for
adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying ordinance be
adopted.
PREPARED BY: Marsha Jones Moutrie, city Attorney
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JUL 1 1 1995
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F:atty\muni\laws\mjm\taxpen
City council Meeting 6-27-95
Santa Monica, Cal1fornia
ORDINANCE NUMBER 1808
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SECTIONS 2 AND 3 OF ORDINANCE
NUMBER 725 (CCS) REESTABLISHING A PENALTY
FOR NONPAYMENT OF ASSESSMENTS DUE IN THE
DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Section 2 of Ordinance Number 725 (CCS) 1S hereby
amended to read as follows:
SECTION 2 .
That in addit10n to the
general business license tax (somet1mes called
business license fee) an assessment is hereby
imposed upon merchants holding a reta1ls sales
tax permit and occupying premises in the area.
The assessment shall be at the rate of 1/15 of
1% of taxable sales (taxable sales as defined
by the Sales and Use Tax Law), subject to an
annual
maximum
fee
of
$1,000.
Said
assessment shall be payable March 10 and
October 10 of each year and shall be computed
on the taxable sales occurring dur1ng the SlX
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month periods, January 1 through June 30 and
July 1 through December 31, preceding the
payment dates of March 10 and October 10
respectively. The penalty for nonpayment of
the assessment on the due date shall be
fifteen percent (15%) of the amount of the
assessment plus an additional five percent
(5%) of the amount of the assessment for each
month or portion thereof that the assessment
is unpaid after the due date. In no case
shall the total penalty exceed fifty percent
(50t} of the original amount due.
SECTION 2. section 3 of Ordinance Number 725 (CCS) is hereby
amended to read as follows:
SECTION 3.
That the use to which the
proceeds of the assessment, less five percent
(5%) thereof as the cost of collection, shall
be put is the payment of contract fees to the
Santa Monica Chamber of Commerce, or such
other entity as may be designated, for general
promotion of retail trade activities in the
area as prescribed by contract.
SECTION 4. Any provision of the Santa Monica Municipal Code
or appendlces thereto inconsistent w1th the provisions of this
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ordinance, to the extent of such inconsistenc~es and no further, is
hereby repealed or modified to that extent necessary to effect the
provis~ons of this Ordinance.
SECTION 5. If any sect1on, 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 any portion
of the ordinance would be subsequently declared invalid or
unconstltutional.
SECTION 6.
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 ln the official newspaper
wlthin 15 days after its adoption.
This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
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MARSHA JONES MOUTRIE
city Attorney
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~fayor
State of Califorma )
County of Los Angeles ) ss
CIty of Santa MOnIca )
L Beth Sanchez. ASsIstant CIty Clerk of the CIty of Santa MOnIca, do hereby certIfy that the
foregomg Ordlllance No 1808 (CCS) had 11S first readmg on June 27. 1995 and had Its second
readmg on July II. 1995 and was passed by the followmg vote
Ayes
Councd members
Abdo, Ebner. Genser, Holbrook, O'Connor, Rosenstem
Noes
CouncIl members
None
Abstam
CounCIl members
~one
Absent
CouncIl members
Greenberg
ATTEST
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ASSistant Citv Clerk
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PROOF OF PUBLICATION
(2015,5 C.C.P,)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a
resident of the County aforesaid, I am over
the age of eighteen years, and not a pat'"ty to
or Interested In the above-entitled matter I
am the principal clerk of the printer of the
.... ...."... .... ..... .................. ..... ...................
THE OUTLOOK
. ........... . .............................. ...................
a newspaper of general circulation, pnnted
and published ,J;>.~I."'X. f;.KQf:,I?X .f?J.lffRAX.
In the City of ,~""J:l.Th.J\'QHJ~^............
County of Los Angeles, and which
newspaper has been adjudged a newspaper
of general cIrculatIon by the Superior Court
of the County of Los Angeles, State of
California, underthedateof)~~...~6 19 .~~.,
Case Number ..AH.~l.~....,i thatthe notice,
of whrch the annexed IS a prmted copy (set
In type not smaller than nonpareil L has
been published In each regular and entire
Issue of said newspaper and not in any
supplement thereof on the follOWing dates,
to-Wit
, , ,JIILl: ,22 . .. , . .. .. .. . .. . , . , . .. . , .. . . " ....,...,
all In the year 19. 9~
I certIfy (or declare) under penalty of
perlury that the foregoing IS true and
correct
Dated at
SANTA MONICA
... ... ..... ............ It . ..... . .. I .. ..
,
Ca "olnla, thIS,. .f~.,.. .day of. JVMl'" 19?~"
., G:,,:~~J?:.~1~ ,j;{t;/4., '" ,...,.
Slgnafure '!J:' ~
Free cople, ot tl'l" IlIenk torm mev be "cured trom
CALIFORNIA NEWSPAPER SERVICE
BUREAU, INC.
Legal Advertlsmg Clearing House
POBox 3 1
Los Angeles CA 90053 Telephone 625-2541
Plene reQuesfGENERAL. Proolof Publ,cUlon
whe-n ordering nuS. form
This space IS for the County Clerk's Filing Stamp
Proof of Publication of
......+...................~......I.......................
EO 7-142
CIty of Santa MOllica
Onhnance Number lata (CCS)
(City Council Series)
ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA
MONICA AMENDING SECTIONS 2
AND 3 OF ORDINANCE NUMBER
725 (CCS) REESTABLISHING A
PENALTY FOR NONPAYMENT OF
ASSESSMENT DUE INTHE
OOWNfOWN PARKING AND
BUSINESS IMPROVEMENT AREA
The follOWing IS a summary of Ordinance
l'umber 1808 ICCS) prepared by the
Office of the CIty Attorney
OrdInance Number 1808 (CCS) amends
Ordmance Number 725 (CCSi. which
estabhshes an assessment for the Down-
town ParkIng and Busmess Improvement
Area. In two ways First. It changes the
name of the fee established bv Ordinance
Number 725 (CCS) from additIOnal bUSI-
ness license tax to assessment Second, It
reestabhshes a penalty for faIlure to pay
the aosessment due The penalty for non-
payment of the assessment IS 15% of the
amount of the assessment plus an addi-
tIOnal 5q~ of the amount of the assess-
ment for each month or portIon thereof
that the assessment IS unpaid after the
due date The total penalty shall not
exceed 50% of the ongmaJ amount due
Ordinance Number 1808 fCCS) was
adopted on July 11, 1995, and shall
become effectIve 30 days fr(lm Its adop-
hon
I, Beth Sanchez, CIty Clerk, do hereby
certlfv that OrdInance Number 1808
iCCS] had Its first readmg on Jun 27,
1995, and had Its s~ond re8thng on July
11, 1995, and WBS passed by the followmg
vote
AYES COUNCILMEMBERS Abdo.
Ebner, Genser, Holbrook. O'Connor,
Rosenstem
C-:OES COUNCILMEMBERS None
-\BST AIN COUNCILMEMBERS None
ABSE'iT COU....CIL:vIEMBERS None
's' BETH SANCHEZ
City Clerk
The full text of the above Ordmance IS
aVaIlable upon request from the office of
the CItv Clerk, located at 1685 Mam
Street, Room 102, Santa MOnIca Phone
i310) 458-8211
Pub July 22, 1995