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HomeMy WebLinkAboutOrdinances_1570_CCv0001.pdf ORDINANCE NO. 1570 AN ORDINANCE OF THE CITY OF REDLANDS ESTABLISHING A PARKING AND BUSI- NESS IMPROVEMENT AREA, FIXING THE BOUNDARIES THEREOF, AND FIXING THE INITIAL RATE OF INCREASE OR ADDITIONAL LEVY OF THE LICENSE TAX TO BE IMPOSED ON THE BUSINESSES IN SUCH AREA THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS: SECTION ONE: Authority. 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 28th day of October, 1975, this City Council adopted Resolution No. 3211, entitled "A Reso- lution of Intention to Establish a Parking and Business Improvement Area, " which Resolution of Intention is required by the "Parking and Business Improvement Area Law of 1965" in order to consider establish- ment of an area. SECTION THREE: Notice and Hea�rinng. Said Resolution No, 3211 was published and mailed as provided by law, and a hearing thereon was held by the City Council on December 2, 1975 at the hour of 7 :00 o' clock P.M. in the Council Chambers of the City Council of said City of Red- lands, in Safety Hall, 212 Brookside Avenue, Redlands, California, SECTION FOUR: Protests and Action Thereon, During the hearing so provided for by said Resolution No, 3211, 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 min- utes, and said hearing has been duly concluded. SECTION FIVE: 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 PARKING AND BUSI- NESS IMPROVEMENT AREA B, " 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 B" hereby formed and established is shown on Exhibit A attached to this ordinance, and incorporated as a part hereof. SECTION EIGHT: 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 them activities in the `'Area, " which is in addition to the ordinary license tax imposed upon stith businesses by the City of Redlands, is hereby fixed and established at the rates imposed in the following schedule: Classification Retail Businesses 2-1/2 times business license Professionals One -half times business license Financial Institutions Voluntary contributions Public Utility One-half times business license (For the purposes of this ordi- nance,, public utilities shall be considered as professionals, with their additional levy com- puted according to the business license formula used by the City Treasurer for the profes- sional classification. ) Whenever a business is susceptible to more than one business classi- fication under Articles of the Redlands Municipal Code or under any of the above classifications, the highest applicable business license and the classification which sets forth the greatest additional tax shall be used and applied to such business. SECTION TEN: Area Constituted and Established. The "Redlands Parking and Business Improvement Area B" 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 as follows: (a) Promotion of public events which are to take place on or in public places in the area. (b) Decoration of any public place in the area. (c) The general promotion of retail trade ac- tivities in the area, including but not limited to the acquisi- tion, construction or maintenance of facilities to increase the safety, convenience and appearance of any public place in the Ordinance No. 1570 - Page two (d) Such administrative services and facilities as may be necessary to provide all promotions and activities specified in Section Eleven of this ordinance. SECTION TWELVE.- Definitions and Classifications of Businesses. The definitions and classifications of businesses referred to in this ordinance shall be determined by the definitions and classifications as set forth in the Redlands Ordinance Code, Chapters 21 and 22. SECTION THIRTEEN: Collection of Additional Tax. The collection of the increase or additional levy to the license tax levied and im- posed by this ordinance shall be made at the same time and in the same marLner as the ordinary business license tax of the City under the pro- visions of the Redlands Ordinance Code; and such increase or additional levy of license tax imposed hereunder shall be computed in the manner provided in said Code for each business, and in accordance with the schedule set forth herein, and shall be due and payable as provided in said Code. SECTION FOURTEEN.- New Business in Area. Any new business in the "Area" shall be assessed in accordance with its classification, pro- vided 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 months (or major portion of any month) re- maining in the calendar year beam to the 12 months of the calendar year, SECTION FIFTEEN: Refund of Additional Taxa 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 tat proportion of such additional license tax so paid that the number of months (includi:ng 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 - Voluntary Contribution_. 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 contribution to the City. Such contribution shall be used for the purposes provided in this ordinance. SECTION SEVENTEEN: Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Coun- cil of the City of Redlands hereby declares that it world have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, or portions be declared invalid or unconstitutional, Ordinance No. 1570 Page three SECTION EIGHTEEN.- Effective Date. This ordinance, being a pro- vision for a tax levy for the usual a.nd current expenses of the City of Redlands, shall take immediate effect on january 1, 1976 , SECTION NINETEENPublication. 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 p,;b- lished at least once in a newspaper published and circulated in the City of Redlands . ADOPTED AND APPROVED t1l-iis 16th day of Dece.mber, 1975 . 'Lee zfiffiy'or oftheCity Af Redlands ATTEST:; -�-�rk, APPROVED FOR FORM. sl Edward F. Taylor City Attorney 1, Peggy A. Moseley, City Clerk of the City of Redlands, hereby certify that the foregoing ordinance was duly adopted by the City Council at a regular meeting thereof on the 16th day of December, 1975 by the following vote. AYES .- Councilmembers Miller, DeMirjyn, Knudsen, Grace, Mayor Cummings NOES ; None ABSENT: None City k#—C 1�t-7 of_R_ends Ordinance No. 1570 Page four PARKING AND BUSINESS IMPROVEMENT AREA Exhibit A to Ordinance No. 1570 DESCRIPTION OF DISTRICT BOUNDARIES The boundaries of the Area are defined as encompass _-:g all property adjoining Redlands Eoulevard and State Street .D-. t.ne between Orange Street and Ninth Street; all property ad of:.- -.g Fifth, Sixth, Seventh and Eighth Streets between Redlands Eo:;i.evard and Citrus Avenue; all property adjoining the west side of Street between Redlands boulevard and Citrus Ave_'*ae; all p; apert.l adjoining Citrus Avenue and State Street on the north hetween Ora.-.ge Street and Ninth Street; all property between the so,.it^ sode -')f Citrus Avenue and the alley immediately to the south, from: olive Avenue to a southerly extension of Fift:, Street; and all pr ?per`Z lying within the area comarionly referred to as the Redlands Plaza, bounded by Orange Street, Cajon Street., Vire Street, Fifth Street. extended southerly from Citrus Avenue to Vine Street, and Cltr--�s Avenue, A schematic representation of the Area is attached as a Fart of this Exhibit, Ordinance No. 1570 -. Exhibit A