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HomeMy WebLinkAboutOrdinances_1349_CCv0001.pdf ORDINANCE NO. 17-1-49 AN ORDINANCE OF THE CITY OF REDLANDS ESTABLISHING A PARKING AND BUSINESS IMPROVEMENT AREA, FIXING THE BOUNDARIES THEREOF, AND FIX- ING THE INITIAL RATE OF INCREASE OR ADD,ZTTONAL LEVY OF THE LICENSE TAX TO BE IMPOSED ON THE BUSINESSES IN 5`_37CH AREA. THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS: SECTION ONE-. Authori . The City Council has initiated and taken these proceedings in accordance with the "Parking and Business Improvement Area Law of 1965": as added to the Streets and Highways Code by Statutes 1965, Chapter 241, being Sections 36, 000 et seq. of the Streets and Highways Code. SECTION TWO: Resolution of Intention. On the 25th day of October 1967, this City Council adopted Resolution No. 2636, entitled "A RESOLUTION OF INTENTION TO ESTABLISH A PARXING AND BUSINESS IMPROVE- MENT AREA TO BE KNOWN AS 'REDLANDS PARKIN(;, AND BUSINESS IMPROVEMENT AREA A' " which Resolutir,,,n <.,f Intention ia required by the "Parking and Business Improvement Area Law of 1965" in order to consider es- tablishment of an area. SECTION THREE Notice and Said Resolution No. 2636 was published and mailed as provided by law, and a hearing thereon was held by the City Council on November 21, 1.967 at the hour of 7030 o'clock P.M. in the Council Chambers of the City Council of said City of Red- lands, in Safety Hall, 212 Broc5kside Avenue, Redlands, California. SECTION FOUR; Protests and Act ir�n Thereon. Diiring the hearing so provided for by said Resolution No. 2636, this City Council heard all persons desiring to be heard, and all protests and objections made or filed, and received evidence for and against the proposed action. Following such hearing, the City Council overruled and denied all protests and objections, which determination was entered on its minutes, and said hearing has been duly concluded. SECTION FIVEi Protests Less Than Majority. The City Council has determined, by order entered on its minutes, that objections or pro- tests objecting to and protesting the formation of said area have not been made by businesses in the Proposed area which pay a majority of the taxes within the area under -the general business license tax of the City. SECTION SIX; Name. The name of the parking and business improve- ment area hereby created and established is "'REDLANDS PARKIN(,,- AND BUSI- NESS IMPROVEMENT AREA A, " hereinafter for brevity and convenience sometimes referred to as "Area" . SECTION SEVEN! Area Description. A description of the exterior boundaries of said "'Redlands Parking and Business Improvement Area A" hereby formed and established is shown on Exhibit A attached to this ordinance, and incorporated as a part hereof. SECTION EIGHT,p Businesses Subject to Additional Tax. All busi- nesses within the boundaries of said "Area." as described herein, not exempt by law, are subject to the provisions of the additional tax provided by this ordinance. SECTION NINE% Rate of Increase or Additional Levy of License Tax. The initial rate of increase or additional levy of the business license tax on all businesses conducting their activities in the "Area'", which is in addition to the ordinary license tax imposed upon such businesses by the City of Redlands is hereby fixed and established at the rates imposed in the following schedule CLASS I BUSINESSES Accountants Insurance Agencies Architects :Investment Management Attorneys-at-law Laboratories Bank & Loan Companies Newspapers Barber Sharps Optometrists Beauty Shops Photographers Blueprionters Physicians & Surgeons Brokers, Stocks & Boards Printers Car Wash Businesses Psychologists Chiropodists Real Estate Chiropractors Repair Service Shops Cleaners - Laundries Service Stations Cocktail Bars - Taverns Shoe Shine Shops Contractors Stenographers Dentists Telegraph Office Engineers Theater - Playhouse Fruit Grower Office Utilities Telephone Garages Automobile Dealers Van and Storage Hotels _ Motels Businesses in this class shall be taxed a minimum amount of $36.00 annually, and, in addition, the amounts charged for validated park- ing hours in excess of said $36.00. CLASS II BUSINESSES. All Retail Businesses not lusted in Class :1, above. Businesses in this class shall be taxed an amount equal to the City Business License Tax, and, in addition, any amount of validated park- ing hours used in excess of such tax. SECTION TEN: Area Constituted and Established. The "Redlands Parking and Business Improvement Area A" is hereby established. SECTION ELEVEN Uses of Proceeds. The additional revenue from the rate of .increase or additional levy of the license tax shall be used for the acquisition, construction, or maintenance of parking facilities for the benefit of the "Area." Ordinance No. 1349 - Page two SECTION TWELVE , Definitions and Classifications of Businesses . The definitions and dvlass'ificat.ions of businesses 'referred to in this ordinance sh.311 be determined by the definitions and classifications as set forth in the Redlands Ordinance Code, Chapters 21 and 22 SECTION THIRTEEN, ":,Alect.ion of Additional Tax. The collection of the increase or additional .levy to the license tax levied and im- posed by this ordinance shall be reade at the same time and in the same manner as the o.rdi.nary business license tax of the City under the pro- visions of the Redlands Ordinance C011e and such increase or additional levy of license tax imposed hereunder shall, be computed in the manner provided in said Ccde for each busineas, and in accordance with the schedule set forth herein, :.and shall be due and payable as provided in said Code. SECTION FOURTEENm New Business in Area. Any new business in the "Area" shall be assessed in accordance with its classification, provided that in the event only a portion of the calendar year remains, the tax levied hereunder shall be prorated .in accordance with the pro- portion that the number of iront.hs (or ma jgar portio-n of any month) re- maining in the calendar year bears to the 12 months of the calendar year. SECTION FIFTEEN.; Refund c: f: Additio;nal Tax. In the event a busi- ness in the "Area" is discontinued during :any calendar year for which the additional license tax levied hereunder has been paid, the Council, upon written application therefor, may refund to the person who paid the same that proportion of such additional license tax so paid that the number of months (including major portion of any month) remaining in the year, from the date of discontinuance of such business, bears to the twelve months of the year. SECTION SIXTEEN: Exemption - Volijnt_a.y qor_ t.�° but<ian. Any busi- ness, person, or institution located within the said "Area"', which is exempt from the payment of the ordinary business license tax of the City by reason of the provisions of the United States or State Constitutions, is not to be taxed under this ordinance but may make a voluntary contributi.cn to the City. Such contribution shall be used for the purposes provided .in this ordinance. SECTION SEVENTEEN— Severability. If any ,se.tion, subsection, sentence, clause, phrase, `cr portion of this ordinance is for any reason held to be Invalid or unconst: .tuti,on.a.l by the decision of any court of competent jurisdiction, such decision shall, not affect the validity of the remaining portions cf this ordinance. The City Council of the City of Redlands hereby declares that it would have adapted this ordinance and each section, subse :tion, sentence, c.1 _ause, phrase, or portion thereof, irrespective r, f the fact that, any c'ne or mere sections, subsections, clauses, phrases, or po:rt..iens be declared in- valid or unconstitutional_. SECTION E.IGHTEENx Effective Date. This o,rd nanre , being a pro- vi.sic�n for a tax levy forA the usual-and current expenses of the City of Redlands, shall take immediate effect on January 1, 1958. Ordinance No. 1349 - Page three SECTION NINETEEN: Publication. The City Clerk shall certify to the passage of this ordinance, and prior to the expiration of fifteen (15) days from the date of the adoption hereof the same shall be published at least once in a newspaper published and circulated in the City of Redlands . ADOPTED AND APPROVED this 27th day of December, 1967 . -s�at� e4 Burrou hs� - e Mayor of the City of Redlands ATTEST: Deputy City Clerk APPROVED FOR FORM: sZ Edward F. Taylor City Attorney I , Alice G. Walls, Deputy City Clerk of the City of Redlands, hereby certify that the foregoing ordinance was duly adopted by the City Council at an adjourned adjourned regular meeting thereof on the 27th day of December, 1967 by the following vote: AYES : Councilmen Martinez, Hartzell, Cummings, Mayor Burroughs NOES : None ABSENT: None ABSTAINED: Councilman DeMirjyn Deputy City Clerk Ordinance No. 1349 - Page four