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O960 ~ RLK:'Ii:rnms Rev. 2 6/7/74 ~ ORDINANCE NO. 960 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A BUSINESS IMPROVEMENT AREA TO PROVIDE FOR THE LEVY OF AN ADDITIONAL BUSINESS LICENSE TAX THEREIN FOR THE GENERAL PROMOTION OF BUSINESS AND PROFESSIONAL ACTIVITIES IN THE AREA. THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: WHEREAS, under and pursuant to the provisions of Part 5 of Division 18, commencing with ~36000, of the Streets & Highways Code (hereinafter sometimes referred to as "said law")r this City Council, on March 26, 1974, adopted Resolution No. 4476 (CCS) entitled "A Resolution of the City Council of the City of Santa Monica Declaring its Intention to Establish a Parking and Business Improvement Area, to Provide for the Levy of an Additional Business License Tax Therein, and Fixing Time and Place of Hearing to Consider Establishment of Such Area"; and, WHEREAS, said Resolution No. 4476 (CCS) was duly published, and copies thereof were duly mailed and posted, all as provided by said law; and, WHEREAS, as specified in said Resolution No. 4476 (CCS) a hearing concerning the formation of said area was held before the City Council on April 23, 1974, May 14, 1974 and June 11, 1974, at the hour of 7:30 o!clock p.m., in the Cbuncil Chambers in the City Hall of 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, a full, fair and complete hearing was granted and held, and this City Council is fully advised in -1- .r'....... ~ (1/ r'i "I t, C - - the premises; and, WHEREAS, at said hearing all protests, bot~written and oral, made or filed were duly overruled and denied and this City Council determined that there is nO majority protest within the meaning of S36023 of the Streets & Highways Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. That pursuant to said law, an area w~thin the mean~ng of ~3600l of the Streets & Highways Code has been and is hereby established, and a description of the boundaries of said area is as follows: "A strip comprised of lines parallel to and 50 feet southerly of and 50 feet northerly of the sidelines of Montana Avenue, from the center line of 6th Court on the west to the center line of 17th Street on the east. II 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. Said additional license tax shall be at the rate of an amount equal to Twenty Five (25%) Percent of all other business license taxes for each business in the area. Said annual additional business license tax shall not exceed Two Hundred ($200) Dollars nor shall it be less than Ten ($IO) Dollars annually. Said additional business license tax shall be payable concurrently with and at the same time as the general business license tax upon which it is based. For failure to pay said additional license tax on the due dates thereof, penalties -2- . .. ~ shall be exacted as set forth in S6109 and S6112 of the Santa Monica Municipal Code. SECTION 3. That the use to which the proceeds of the additional business license tax, less Five (5%) Percent thereof as the cost of collection, shall be put as the payment of contract fees to the Santa Monica Chamber of Commerce for general business and area improvement and promot10n of all bus1ness, including professions, in the area, including, but not limited to, decoration of any public place in the area, promotion of public events which are to take place on or in pUblic places in the area, furnishing of music in any public place in the area where permitted by law, and the general promotion of retail trade activities in the area as prescribed by contract between the C1ty of Santa Monica and said Chamber of Commerce. It is not the intent of said City to use any of the proceeds of the additional business license tax for parking purposes and any of the uses described in ~36000(a} of the Streets & Highways Code shall not be made of said proceeds hereunder. SECTION 4. That this City Council hereby finds and determines that public convenience and necessity require the establishment of the area hereinbefore described, to be known as the Montana Avenue Business Improvement Assessment District. SECTION 5. All protests, both wr1tten and oral, are overruled and denied and the City Council finds that there is no majority protest within the meaning of S36023 of the Streets & Highways Code. 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 in the official newspaper within fifteen days after its adoption. This ordinance -3-