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O966 ~ 1. -. t\., ... e:~nuns . 7/15/74 Rev. l. " " Rev. 2 7/22/74 - ORDINANCE NO. 966 (CCS) (City Council Se~ies) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING S3 OF ORDINANCE NO. 702 (CCS)~ ESTABLISHING A LIMIT UPON THE ADDITIONAL BUSINESS LICENSE TAX PROVIDED FOR THEREIN AND CONFIRMING ORDINANCE NO. 702 (CCS) IN ALL OTHER RESPECTS. WHEREAS, under and pursuant to the provisions of the parking and business improvement area law of 1965 (Part 5 of Division 18, commencing with S3600a of the Streets & Highways Cbde, hereinafter sometimes referred to as "said law") as supplemented by Ordinance No. 699 (CCS), this City Council on July 23, 1974, adopted Resolution NO. 4537 (CCS) entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING ITS INTENTION TO CHANGE THE RATE OF THE ADDITIONAL BUSINESS LICENSE TAX ESTABLISHED UNDER ORDINANCE NO. 702, CITY COUNCIL SERXES, TO ESTABLISH A LIMIT THEREUPON, AND FIXING TIME AND PLACE OF HEARING TO CONSIDER SUCH CHANGE;" and, WHEREAS, said Resolution No. 4537 (CCS) was duly pUblished, and copies thereof were duly mailed and posted, all as provided by said law, said Ordinance No. 699 (CCS) and said Resolution No. 4537 (CCS); and, WHEREAS, as specified in said Resolution No. 4537 (CCS) a hearing concerning the change in the rate in the additional license tax established by Ordinance No. 702, and the establishment of a limit upon said rate was held before the City Council on August 13, 1974, at the hour of 7;30 o'clock p.m., in the Council Chambers in the City Hall of the City of Santa Monica; and, WHEREAS, at said hearing all written and oral -1- l ~:rnrns' 7/15/74 Rev. 1. e ~ ~ 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 hald, and this City Council is fully advised~in the premises; and, WHEREAS, at said hearing all protests, both 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 or within the meaning of 55 of Ordinance No. 699 (CCS); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. 53 of Ordinance NO. 702 (CCS) is hereby amended to read as follows: S3. That beginning with the fiscal year 1966-67 businesses in the area as established by this ordinance and as above described shall be subject to the provisions of the additional tax provided by said law, to wit: that, in addition to the general business license tax imposed on businesses within said city, there is hereby imposed upon businesses located within said area as hereby established, an additional business license tax, and that said additional business license tax shall be five times the general business license tax on businesses within said city and the total business license tax imposed on businesses within said area (including both regular and additional tax) shall be six times the general business license tax imposed on businesses within said city. Provided however, that in no event, in any case, shall the additional business license tax imposed hereunder exceed the additional business license tax imposed for the f1scal year July I, 1973 to June 30, 1974. In the case of businesses first established during the fiscal -2- . . -/ .,---" year July 1, 1974 to June 30, 1975 and in the case of businesses upon which no general business license tax was imposed during the fiscal year July 1, 1973 to June 3D, 1974, no additional business license tax will be imposed hereunder for the fiscal year July I, 1974 to June 30, 1975, pursuant to Government Code S36041. Said additional business license tax shall be based upon the same classifications and shall be computed, levied, collected and enforced in the same manner, at the same times, and with the same penalties and interest, as in the case of the general business license tax. Said additional business license tax shall be subject to the credits hereinafter set forth. SECTION 2. That Ordinance No. 702 (ecs) is hereby confirmed in all other particulars. SECTION 3. 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 or modified to that extent necessary to effect 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 the 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 unconstitut1onal 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 -3-