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O922 -2Q-:1A Rev. mh . -- ORDINANCE NO. 922 (CITY COUNCIL SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 6C TO ARTICLE VI OF THE SANTA MONICA MUNICIPAL CODE WHICH CHAPTER IMPOSES A PARK AND RECREATION FACILITIES TAX THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. There is herewith added Chapter 6C to Article VI of the Santa Monica Municipal Code which chapter shall read as follows: CHAPTER 6C. UNIT DWELLING TAX SECTION 6670. This tax shall be known as the Park and Recreation Facilities Tax of the City of Santa Monica. SECTION 6671. Creation of Fund. There is hereby es- tablished a Park and Recreation Facilities Fund. All of the sums collected pursuant to this Chapter shall be deposited in said Park and Recreation Facilities Fund and shall be used solely for the acquisition, improvement and expansion of public park, playground and/or recreation facilities. SECTION 6672. Purpose. The City Council of the City of Santa Monica hereby declares that the taxes required to be paid are hereby assessed pursuant to the taxing power of the City of Santa Monica and solely for the purpose of producing revenue. The continued increase in the development of dwel- ling units in the City of Santa Monica with the attendant in- crease in population of the City has created an urgent need for facilities to serve the increasing population of the City and the means of providing additional revenues with which to finance such public facilities. SECTION 6673. Definitions. For the purposes of this chapter the following definitions shall apply: 1 - ;~' .~:i- r-19--73 Rev. RK;~ e A. The term IIdwelling unitll includes each single family dwelling and each unit of an apartment, duplex or mul- tiple dwelling structure designed as a separate habitation for one or more persons, hotel or motel unit, guest room, or trailer park space. B. The term IIpersonll includ.es every person, firm, or corporation constructing a dwelling unit itself or through the services of any employee, agent or independent contractor. SECTION 6674. T~xes, Application. The taxes im- posed by this Chapter shall be applicable to every dwelling unit hereinafter constructed in the City of Santa Monica. SECTION 6675 Taxes, Amount. Every person con- structing any new dwelling unit in the City for which a Park and Recreation Facilities Tax is required to be paid by Sec- tion 6674 shall pay to the City therefor the sum of Two Hun- dred Dollars ($200.00) for each dwelling unit. SECTION 6676. Taxes1 When Payap1e. The taxes im- posed by this Chapter shall be due and payable as follows: A. The tax imposed by Section 6674 shall be due and payable at the time of the issuance of the building permit for the construction of any such dwelling unit. B. Payment of the taxes imposed by Section 6674 shall be a condition precedent to the issuance by the City of a building permit for the construction of any such dwelling unit; provided, however, that there shall be a refund of such taxes in the event the building permit is not approved. or is not used, for such construction. C. In the event that construction of any such dwelling unit is not commenced within sixty (60) days after the issuance of a building permit therefor and an extension of time for the commencement of such construction is granted by -2- Rev. ;\-19-73 RK~mh . . ~ e the Building Officer of the City of Santa Monica or other official or body of the City, then such building permit shall be deemed to have been issued at the time such extension is granted and the payment of any additional fee due under Sec- tion 6675 shall be a condition precedent to the granting of such extension. D. This tax shall not be applicable to any build- ing permit applied for with a full and complete set of work- ing drawings before the effective date of this ordinance. SECTION 6677, Exemption From Tax. There shall be exempted from the tax set forth in Section 6675 the construc- tion of any dwelling unit to be used exclusively for housing the elderly or handicapped persons which is owned and operated by foundations or corporations which, pursuant to the pro- visions of Section 33396 of the Health and Safety Code are entitled to the welfare exemption provided for in Section l-c of Article XIII of the State Constitution. SECTION 2. Any provision of the Santa Monica Municipal Code, or appendices thereto inconsistent herewith, to the extent of such inconsistencies and no further are hereby repealed. SECTION 3. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or un- constitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase hereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases be declared invalid or un- constitutional. SECTION 4. The Mayor shall sign and the City Clerk shall -3- R:~. .\-19-73 RK:mh ~ . , . 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 shall become effective after thirty days from its adoption. ADOPTED this 30th day th;;~ . Mayor ATTEST: Act(/!!6k STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss. CITY OF SANTA MONICA ) I hereby certify that the foregoing ordinance was duly and regularly introduced at a meeting of the City Council on the24thday of July , 1973; that thereafter the said ordinance was duly adopted at a meeting of the City Council on the July , 1973, by the following vote: 30th day of AYES: Councilmen: Judson, McCloskey, Trives, Hoover NOES: ABSENT: Councilmen: Dituri, Swink Councilmen: van den Steenhoven L[J~ APPROVED AS TO FORM: -" , }), J '-, I )J ': i t j u- L,. / },/",-I:' I:J ~ ,-. ~, City Att"6l\nej - " Acting City Clerk ------ -4-